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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/18/2013 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. June 18, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT June 18, 2013 w s v ro Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Legislative Update Michelle Wilmot 15 minutes 2. Levees Tim LaPorte 45 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Kent International Festival Presentation D. Intergovernmental Reports E. Public Safety Report 5. PUBLIC HEARINGS A. 2014-2019 Six-Year Transportation Improvement Program (TIP), Resolution — Adopt 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. SE 256th St. Improvements-Puget Sound Energy Project Construction Agreement — Authorize (Continued) This page intentionally left blank. COUNCIL MEETING AGENDA CONTINUED D. SE 256th St. Improvements—Joint Utility Trench Agreement with Comcast — Authorize E. SE 256th St. Improvements—Joint Utility Trench Agreement with CenturyLink — Authorize F. Tacoma Water Storage Annual Release — Authorize G. Contract with Sahlberg Equipment Company for Water Valve Exerciser — Authorize H. Kent Valley Loop Trail Art Master Plan Contract — Authorize I. Kent Municipal Court Project with Evergreen Technologies, Inc. — Accept as Complete J. Hewlett Packard/Western States Contracting Alliance (HP/WSCA) Contract — Authorize K. Substance Abuse and Mental Health Services Administration (SAMHSA) Sober Truth on Preventing Underage Drinking Act (STOP Act) Grant Award — Accept L. Target Zero Teams Grant Award — Accept M. Police Records Specialist Position — Authorize N. Valley Special Weapons and Tactics Team Interlocal Agreement for Services — Authorize 0. Excused Absence for Council President Higgins — Approve 8. OTHER BUSINESS 9. BIDS A. 237th Place Watermain Materials — Accept 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov 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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O V a H j W � m .� m w D r Y Q u N o O L v A E m 0 •Y T 3 m G �. w w w u O ` v 0 O. L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Legislative Update 2) Levees This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Kent International Festival Presentation D) Intergovernmental Reports E) Public Safety Report This page intentionally left blank. KENT....,o Agenda Item: Public Hearings — 5A �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: 2014-2019 Six-Year Transportation Improvement Program (TIP), Resolution — Adopt MOTION: Move to adopt Resolution No. approving the 2014-2019 Six-Year Transportation Improvement Program (TIP). SUMMARY: This resolution would approve the 2014-2019 Six-Year Transportation Improvement Program (TIP). The 2014-2019 Six-Year TIP represents the City's detailed transportation improvement program for the next six years. It includes planning studies, street, bicycle, pedestrian, traffic signal, and transit improvements as well as street maintenance and preservation projects. Including these projects in the Six-Year TIP allows the City to look for funding partners and apply for grants. All of the state agencies require that every project submitted for a grant application must be included in a city's adopted Six-Year TIP. EXHIBITS: Resolution and Six-Year TIP 2014-2019 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2014 through 2019 Six-Year Transportation Improvement Program. RECITALS A. After proper notice, the City Council of the City of Kent held a public hearing at the regular meeting of the City Council at 7:00 p.m. on June 18, 2013, to consider public testimony on the City's proposed 2014 through 2019 Six-Year Transportation Improvement Program. B. Having considered public testimony to the plan, the Council would like to adopt the 2014 through 2019 Six-Year Transportation Improvement Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Adoption. The 2014 through 2019 Six-Year Transportation Improvement Program, set forth in Exhibit "A," which is attached and filed with City Clerk, is hereby adopted. 1 2014-2019 Six Year Transportation Improvement Program PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2013. CONCURRED in by the Mayor of the City of Kent this day of 2013. SUZETTE COOKE, MAYOR ATTEST: Ronald F. Moore, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING 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 , 2013. RONALD F. MOORE, CITY CLERK P:\Civi I\I sol ution\SixYea rTIP2019.docx 2 2014-2019 Six Year Transportation Improvement Program i CITY OF KENT ASHIN T N SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2014 - 2019 � e II t'v�a—�. `�'.°Y`a... _�:_h. 3Anu £.i ' �4rn'.A•'+'�_� �i Mayor Suzette Cooke T Timothy I LaPorte, PE, Director of Public Works This page intentionally left blank. CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2014 m 2019 Table of Contents: 1. Resolution adopting the 2014 - 2019 Six Year TIP 2. Introduction i 3. Listing of the Projects 4. Project Descriptions 5. Map of the Projects 6. Contact Information i On the cover: Street Preservation project on 104th Avenue SE This page intentionally left blank. CITY of KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2 1 - 29 Introduction Overview The 2014-2019 Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is updated annually based on needs and policies identified in the City's adopted Comprehensive Plan and 2008 Transportation Master Plan. It represents Kent's current list of needed projects that may begin work in the next six years. The document identifies secured or reasonably expected revenue sources for each of the projects. The Six-Year TIP serves as a draft work plan for the development of the local transportation network. Once adopted, the TIP helps to guide funding and implementation priorities during the development of the transportation portion of the Six - Year Capital Improvement Program (CIP). The CIP can be considered a subset of the TIP. The CIP shows the City-funded portion of projects and is constrained by current budget forecasts, whereas the TIP shows the complete project list with the variety of funding sources and partners involved. Mandated by State Law State law requires that each city,develop a local TIP, that it be updated annually (RCW 35.77.010), and that it be submitted to the State Department of Transportation not more than thirty days after its adoption but before July 1st. It,represents an important planning component under the state's Growth Management Act. For cities to compete for transportation funding grants from Federal and State sources, granting agencies require that projects be included in the TIP. The Six-Year Transportation Improvement Program may be revised at any time during the year by a majority of the Council, after a Public Hearing. How is the 2014-2019`SIX-YEAR TIP different from the previous year? PROJECTS ADDED PROJECT TYPE COMMENTS #5-- Traffic Signal S stem Upgrade Enhancement Grant awarded @ 100% #6 -- Panther Lake Signal System Enhancement Grant awarded @ 100% #16 - Willis/BNSF rade se aration Safety Congestion/conflicts/coal trains #17 - S 212th/BNSF grade separation Safety Congestion/conflicts/coal trains #19 - Willis/UPRR grade separation Safety Congestion/conflicts/coal trains #20 - S 212"' /UPRR grade separation Safety Con estion/conflicts/coal trains PROJECTS REMOVED Kent Kangley Road & 108T" Ave Operations Combined with #21 - 108thAve Intersection Improvements Enhancement SE Extension Transit Now Partnership with King Transit Combined with #43 - Countly Enhancement Community Based Shuttles OTHER #34 - Street Preservation Maintenance Now shows full estimated cost This page intentionally left blank. CITY OF KEENT 2014-2019 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 1. Southeast 2561h Street Widening, Phase II SR 516 (Kent Kangley Road) to 116th Avenue Southeast 2. Kent Kangley Road Pedestrian Safety Improvements 104th Avenue SE to 124th Avenue SE 3. South 228th Street/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 4. 72"d Avenue South Extension South 200th Street to South 196th Street S. Traffic Control Signal System Citywide 6. Panther Lake Signal System Integration 7. Safe Routes to Schools.Improvements at Horizon Elementary Horizon Elementary School, 27641 144th'Avenue SE 8. Safe Routes to Schools Improvements at Meridian Elementary Meridian Elementary School,25621 140th Avenue SE 9. Safe Routes to Schools Improvements at Meadow Ridge Elementary Meadow Ridge Elementary School, 27710 108th Avenue SE 10. !Sent Regional Trails Connector Green River Trail to Interurban Trail at S 218th St 11. James Street Bicycle Lanes Interurban Trail to Washington Avenue (SR 181) and 800 feet east of the Green River Trail: 12. SE 208th Street & loath Avenue SE (SR 515/Benson Highway) Intersection Improvements Intersection Operations Enhancement 13. South 224th Street Extension 84th Avenue South to 104th Avenue Southeast (SR 515/Benson Highway) 14. Central Avenue South Improvements Green River Bridge to East Willis Street (SR 516) CITY OF KENT 2014-2019 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 15. Willis Street and Central Avenue Intersection Improvements Intersection Operations Enhancement 16. Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railway 17. South 212t" Street/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railway 18. Military Road South at Reith Road Intersection Operations Enhancement 19. Willis Street (SR 516)/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 20. South 212t" Street/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 21. 1081" Avenue Southeast Extension Southeast Kent Kangley Road (SR 516) to Southeast 256t" Street 22. Smith Street and Central Avenue Intersection Improvement Intersection,Operations Enhancement 23. a 212t" Street and 72"d Avenue South Intersection Improvement Intersection Operations Enhancement 24. SE 240t" Street and '104t" Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancement 25. Military Road South Widening South 272nd Street to Kent-Des Moines Road (SR 516) 26. 132nd Avenue Southeast Widening - Phase I Kent Kangley Road (SR 516) to Southeast 248th Street 27. 132"d Avenue Southeast Widening - Phase II Southeast 248`h Street to Southeast 240th Street I CTI'Y OF KEl® T 2014-2019 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 28. Kent Kangley Road (SR 516) and 132"d Avenue SE Intersection Improvement Intersection Operations Enhancement 29. South 260th Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations Enhancement 30. SE 256th Street and 104th Avenue SE (SR 515/13enson Highway) Intersection Improvement Intersection Operations Enhancement 31. South 212th Street and 84th Avenue South Intersection Improvement Intersection Operations Enhancement 32. Meeker Street and Washington Avenue (SR 181) Intersection Improvement Intersection Operations Enhancement 33. South 272"d Street and Military Road Intersection Improvement Intersection Operations Enhancement ONGOING CITYWIDE PROGRAMS 34. Street Preservation Program Ongoing Citywide Program 35. Residential Traffic Calming Program Ongoing Citywide Program 36. Traffic Signal Management Program Ongoing Citywide Program 37. Miscellaneous Intersection Improvements Ongoing Citywide Program 38. comprehensive Plan Update Ongoing Citywide Program CITY OF KENT 2014-2019 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 39. Channelization (Street Markings) Improvement Program Ongoing Citywide Program 40. Bicycle System Improvements Ongoing Citywide Program 41. Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing Citywide Program 42. Guardrail and Safety Improvements Ongoing Citywide Program j 43. Community Based Circulating Shuttles Ongoing Citywide Program 44. Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program j i t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT#I: Southeast 256« Street Widening, Phase II SR 516 (Kent Kangley Road) to 116'h Avenue Southeast DESCRIPTION: Construct a three lane roadway from SR 516 (Kent Kangley Road) to 116 Avenue SE. This project includes bike lanes on both sides of the roadway. The project will, include construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. PROJECT COST: Preliminary Engineering .............$1,100,000 Right of Way Acquisition...............$350,000 Construction ................................$5,550,000 TOTAL..... ......... ............$7,000,000 . FUNDING SOURCE(S): City of Kent, TW I PROJECT JUSTIFICATION: Southeast 2560' Street is a two-lane roadway with no curbs, gutters or sidewalks and a limited street light system. Despite the lack of suitable pedestrian facilities and extremely harsh weather in January 2012, over 650 pedestrians per day walked along this segment of roadway. During peak hours, the roadway cannot acconanodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways. The widening of Southeast 256`I' Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads serve east/west travel demand. The project will increase the capacity of this roadway by adding a center two-way left turn lane. This project provides a multi-modal connection between improvements west and east of this segment. s �Q 8 t n v c.nan H0'f .4son BFtd "a 0,ntl€1W It E-E'911�FA% F eJ;,EiN. i uVt'et_a[egy go,I v€101 efaekS Cp 1 1 i.,irfuor; r, Ye±P 441if. Ya afegit E7 esirtkes€titr.n[St az"1.PIS ..P f.sa sit rU"Fjia€i�tr,ndiao it tIs iivii n4 !,rd rA],6-h-RB90iipc tY`;xs�speri.e cni';",ea it,jivlrisPl:islr-C.orat Pala;t A)ve 11 a t�1 6)rlra scf,11%VITk 4nI4ie S°Jwk 1 iv&f Iar a l _.O.JStg11,. .I' .far zs -0enrrelaat= soa.4-ou-rorxt tfid 3-r_71d @aus i'rare>po-ta€,an?sfi�x is men>L€os-< �';fafc3 2 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT #2: Kent Kangley Pedestrian Safety Improvements 104rh Avenue SE to 124`h Avenue SE DESCRIPTION: Add a new mid-block pedestrian crossing of Kent Kangley Road with median refuge island and Rectangular Rapid Plashing Beacons. Restripe crosswalks and stop bars, upgrade pedestrian crossings to countdown message modules and Americans with Disability Accessible (ADA) standard pedestrian push buttons. There are a total of 8 intersections that will be improved by this project and proper signage will be updated along the entire project length. This project also includes education and enforcement elements. i PROJECT COST: Preliminary Engineering...................$36,000 Education/Enforcement............ ........$38,000 Construction ................$342,000 TOTAL...................... ....................$416,000 FUNDING SOURCE(S): Washington Stale Department of Transportation PROJECT JUSTIFICATION. ,Kent Kangley Road (SR 516) is one of the most densely populated corridors in the City. The section from 104t1i Ave SE to 124°' Ave SE is a congested, mixed land use, Principal Arterial that is a designated truck route currently operating at a Level of Service (LOS) E during the 13M Peak. The majority of housing along this portion of SR 516 is high density 'multifamily housing that generates a substantial amount of pedestrian traffic. This section of Kent Kangley is a high boarding area for transit and is also a popular destination for senior citizens due to the high concentration of shopping facilities, banks, medical offices and senior housing. The project area includes two of the highest collision incident locations in the City (1041h Avenue SE at 256r` Street and 1161h Avenue SF, at Kent Kangley Road). The majority of collisions reported in the project area from 2006-2008 occurred during the daylight hours with pedestrians over the age of 18. This project will improve safely through the constmetion of these engineering improvements combined with education and enforcement. T'.41£S4) Qafrf;;c EPEoFf�?f J.....repi khQk IrAit;,jfeardj MSA rf 'Eg,E£€ A,,n sEa'Oc„-[tr'$ 'e:'c�f c.vfF._ Rn.mrfn�..fe'ttFar: F 14£'�r�- fR.3t;�ll l4't6�RF b(p'q(PhPt Piff§5l1kCFFi�13, (:'*Y3,'t5�: ,£ �L4'PeH';1 ri OJ316 t),�;i3Va.Ltl SPAe'kn fP .I,k }I�.:9 Y,I.z }r;BSOi'P] 'i 3 LeFgdl➢°fkJ[1 4'{I$Y$1� Y H g—kld iige it I enn9 puC Nliun.iph}4S!t �{volo ];d' £R',+ (5fii ImprEtvetiLefo"i,Ir:H P 1,1V 16 fliphhe M,'drul, ifxt 8..Wo P .,,:.f I'An .i,v 1 P '+etf 1 xae Fe,awn mdo.i,c coM_ a P r 0A,;"1; R W6 3 stesR,a f%ibtt 6eq 4Mn�eoi€Roan) J"41'4c' 3 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT 43: South 228"' Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pace Railroad DESCRIPTION. Construct grade separation of the 1lnioij Pacific Railroad mainline tracks at South 2281h Street. The project vJfL,.ffic1ud fire construction of a bridge; four-lane vehicle crossing; full-width p vIng; conare�_curbs, gutters and sidewalks; street lighting; utilities and appurtenances, i Ff.._ PROJECT COST: Preliminary Lnginccring � 00,000 � Right of Way Acquisit14n ,...........$2,50(i 000 Construction ... C$+2i 1,0{d0�g0� 0p00 T$}TAll� ;. ..... >49Wpd,a S2 s,11110g0®® I+IJNDING SOIJRCF(S): C'ityof Dent, Port of Seattle, FAST, F'MSIB, LID, Union Pacific Railroad PROJECT, JUSTIFII'f4'i`TO.M The project will lead to a seamless connection between major freight handlers and their, primary destinations. This project will support freight moving through jf�_cnt to the-Pores of Seattle and Tacoma, SeaTac Airport and the freeway system. �irad(` separating this, arlerial will increase ruadv%fay sapa6t! domlasc oon tibn, enharrcc: safety and irnlnovc freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million srlmare feet of warc;house/industrial space in the valley. arc 4!r OmOi'..S'I v MnfO I;Pr 0, Bar:€gltt Act;un"0o lima r,r, 1,i CU"Cap ewom,a d or a iunr; tsxicJ ❑ tR,1 B r.a, ( °s cl a ,a rd!ah r tan<ux[& tl j IFi s 7 nrd i fun uen Pt n �t ( =.e17, 7 Rr r(1tgr as ¢ )�rsi atioaa t, ! m as la rEr, ➢..11 E tar reog a a nc n 1?ivLtU. c° E, 2 tP$€t bR4arits s ags36rtmE f ofm S a..rf,riB .aeOCrr t.,rw l eu,c'a.3u [Nd, alf; fPd SrseS,r mi(fo imp ar atnof Ea'aas r,.Euf+,j 4 CITY OF KFNT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT#4: 72°1 Avenue South Extension South 200"'Street to Sozah 19e Street DESCRIPTION- This project completes a missing by constructing a new three-lane roadway from South 200"' Street.to South 196"' Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, sidewalks, street. lighting, storm drainage, landscaping, utilities and appurtenances. i PROJECT COST. Preliminary Ltigineermg . $250,000 Right of Way AcquiItion............ $75,000 Construction .. ..........$2.0'7s T6DTP a2,400,000 FUNIDINCo SOURCE(g): TIB,IRggional Fire Authority, City of Kent PROJECT JUSTIFICATION; 'Continued de,9Qlopmcnt in the northern Kent industrial area,, and high F_ lcvel',o"f congestion along West Valley highway between the South 180"' Street and South 190h Street corridors, mandate additional north-south arterial capacity. This projcct provides some relief for South i 801" Street, � South 19,e Street, and South 212r' Street intersections along West Valley IIIg? vay, li. also provides unproved access to the South 1961t' Street d€ lidor 'froin industrial development along 72" Avenue South 17y constructing the missing link between South 200d' Street and South 196"' Street. This roadway cornrcetion provides a direct link from the existing Fire Station can 72"d Avenue SoL'th to the 196"' Sheet corridor, grade sepa ated over bolls the B_NSF and UPRR mainline railroad tracks, d£ alratEeally improving Cmergency reSporse tinif s to a harj.?e, a.iea Cf the Kent Mai ulticturnng/lndustrial Center and warehouse land uses. e_i2 Q- i odes?t«ra lna� ah�O9t an,l 4a �r»3it:il a.i`a xtt, S,6 . sx�€tP. <9run 9(t-pi -e e� nu-cE>-nair7. 9„zoana a._uri lery R ' ti-Ff"w If(.3uho € rt is i❑ u r t "en „f!4,nEll,+ (A f edea a f t ¢u.3t tatraaansts (it: 13 effu rEa 41ks H ss lyd tut„i@ig_¢et f nla,,Epus M bfm S),mwf I ,EI, t 17 Local impr n,om eclat 6I laii i r I E�,t H,' P ixt0k SVorl.s €P 'SVt1.Et ".arsEuo � t .ahvo„'Tu [Fvd; IrD „a n:gfog 9.1 t.im.mri W,evs,-_aaia: eJ �„ntof , s i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT #5: 'Traffie Control Signal System Cityivide DESCRIPTION: The City will purchase and install a master signal controller unit capable of supporting flashing yellow left turn arrow (FYI,TA) displays for permitted left turns. This project will also purchase and install traffic signal controllers for approximately 29 indiyfdi6af intersections TO& signals will be modified at approximately 14 intct dons to display iVI,TA signal indications for permissive left turn moverrioots. PROJECT COST Preliminary Engineering . .,.. ...$80 000 Rig ht of Way Acquit tiou .....„ ....... $ti: ,,.. . tinstuction '. .....$324000 T TAL...... ......... .........$400,000 F[7Al)1NQ SOURCE PedtFal Highw>ay Safety Improvement Program (HS1P) PROJEC'T i JUSTIFICATION: The currcuL central traffic signal control system is not compatible with flaslvng yellow 110ft'turn arrow displays I'Or peramssive left tut Inovernents. This type of sivnal .d Malay has been demonstrated to be mush rnore readily understood by rnotorists'and has resulled irk reduced collision rates involving vehicles turning lefttl ii ing persnrssive Left rein signal phases. The upgrade to the legacy central control systern and rr(ote advanced inteiscetioa traffic signal controllers will allow greater operation flexibility and improved transportation system efficiency. £ M1.a(- , ,n,t.r ina'auk ,,LCa red ra t is tPiy�,aeG.;,,j, £':4 fsr :aigteS. ,.,m tr�ay5 t,.r eseY-S al.ec a'a:.n n .tr'.Eatnrr, I €tl'�i11£- ,,hP 6a ooe,r is `ar.a1°��.!c i•;Fa.mene Gtr rrvt(Rr akrj,� r a- 5e.ltrnr 31lCAf All a rn h'ri#Son 11vd7 j €1„.r>.. Ho-elf; . @.0 noion Ir t 0 ry4A 19r %ufzliieti( srn'4,miiioln rk'n III,r 70 r,oeid fni ,l""W"d@ Oj €,I,:,;By F hlidic%vrmi,e 6 vil"t Fu W I rr,r.IM"W( .I G ' I'nl,l(ro rr (,ogi^:r r;r e 9a[,e€I, 11N .'s,as7„r tl.t nr €r,p; nvemel_Roa d I Sill Czl I 6 CITE' OF KENT � SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM I YEAR: 2014 PROJECT 96: Panther hake Signal System Integration DESCRIPTION: This project includes extension of corripninication cable to traffic signals in the recently annexed area of Tarrther Late to allow remote monitoring and management of the traffic signals, replacQ eat of the existing traffic signal controllers to be capable of-displaying flashing yellow left turn arrow (FYLTA) for permissive left turn tilduements and allow flexible coordination of the traffic signals along arterial corridor PROJECT COST: Preliminary Engineering ..... ...$0 Right of Way Acquisrtiori „ 'r:f $0 pf pn .... ,,,.�,$342,04:,; Constru r d >. TOTAL...Al ....... $342 6iDi9 FUNDING S URCE(S): 2013 Quick.'Rosponse Safety Program Federal Highway Safety"Improvement Prograrn (FTSTP) PROJECT JUSTIFICATION: The tralfrc signals in the recently annexed area of Panther Lake are not connected to the City's central traffic signal control system; hence, they cannot by remotely monitored or managed from the City's Traffic 1 Ianaoclo,,nt Ct-finer. � The ntersection controllers are not capable of displaying flashing yellow left turn 1rrow (FYLTA) for permissive left turn movcrncnts. This type of signal display has been demonstrated to be much more readily understood by motorists aid bas resulted in reduced collision sates involving vehicles turning left during pernnssive lcfi turn signal phases. The integration of these signals into the City's signal system will allow operation flexibility and improved transportation .system efficiency i t,4 - n ;,,;01on %fluvanort nine,Alt O,,00p1s at.qI;li 6 Vrv;giro Aciit,i Sivg fir f"tl Iveoet-`t,(fit R:zr�atna Corrt3rfr, P iSSYi._ ,_fu 3✓'„� a� �41',akgk Re .c-.imcnt Hv,tt d [Statef.e A A P,Oo 1 tl;,nw A613tnn riteIilm IF cite I?P1.3Wi, iIful,,d .H IldiI"tiH I Fvll,i Al,E tz. PnaditgoTrttnsit I t,Iiio n SjSlim,,J7 ed.,1PU;1,Si71..✓✓a!r;Y,Ewa,eeOemf 6 itJ i u lg i'C2e IV 1144i"'W",I., 4:,esY Fund s.,w (S!to. J; ,.4 - ,ire,t,zc lsa,�..tpartwimi i,oprturc td t�s.ral;, t'gi trans,�ent.,fiat.:,aspe.,vi,irn.;�oan.i ��Sble1 7 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM STAR: 2014 PROJECT 97: Safe Routes to Schools Improvements at Horizon Elementary School 27641 144'1'Avenue V, DESCRIPTION: Install a paved pathway on the ea,t side of)44th Avenue SE from SE 278t" Street to SE 276h Place insitafl ii"new nvdblock school crosswalk across 140' Avenue SE on the sojith side of the :school driveway. Install Rectangular Rapid FIashtr�g` Beacons at the new,,crosswalk and install advance school crossing signs. This project alsd',lnchrdes education and enforcement elements includijl$ the purchase of an additional Lidar Radar Unit for police,enforecment. PROJECT COST: Preliminary Engineering,.................$9`Q 000 Right of Way Acquistron $'t3 Construction ........ , , ........$220 000 TOTAL....`r„s ...,... 4 3I0,000 F I1NDII C. CYITRCEq� ): W Z)C)T, City of Kent PROJECT . 1US'I FICArI ON: The purpose of the Safe Routes to Schools Program is to encourage more students to',walk acid bicycle to and horn school r�ilhei th, being driven by them parents. Throrigh a combination of engineering enhancements to the built environment plus education efforts aimed at the students and the rr parents, it is hoped that fandlies will rnecease the number of walling and biking trips they make to their local school, { FPft—t en3ccntxot�futF 14un;F;aa7.�u °en�Seiti � Jt�,��°=y5. � Ft•n;lt[2�f,u7.v 3t�gr 4rt .,�Eeed-.-h. tie3e ieEro-ai.a 6�s r[a9an; rIDsFA,- 4, wbil14ohiW 'i,,,,rp,rc 7ane'EI'M B1Vf 11 [SIII) y .A InOtA00 lim lliur [( t�f 01;47f"; kia+vn? x Rtdtvatt,on i t ,._ndj,r:S rt..n^w:vn L.n. .,ua1 ( Eu_rftlt;„as hwal r t,lpi r,,wncnt N;lz h t. 1 "S r ..>iriv'wP, r,unstl,m I d LEI It i]ISit th1 I S,[ `—SvIr , I [tr,In 1Vuf,-r1111 € rov,n 9ntpr„tnwilI =o�n A— 8 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJEA CT 48: Safe Routes to Schools Improvements at Meridian Elementany School 25621 140`j'Avenue SE DESCRIPTION: Install a traffic signal at the fin--e et16n of SE 256r1' Street and 140"' Avenue SE and construct an asphalt-pa' enient walkway with an extruded curb along SE 2561h Street frorn:approximatcly 134" Avenue SL to 140t" � Avenue SE. The traffic sign l'includes a t1'26e surveillance camera and interconnect cable to connect this signal to the;rest of the City's traffic control system. This pf�ect also includes edde'att(?n and enforcement elements including the purchase of an additional Lrdat° Radar Unit for the j police enforcement. PROJECTC0ST: Preliminary Lngine nb ..... i01000 Right of Way Acgtusitiort Construction ....... ; ....,i . ,..3625,000 `' TOTAL—."-, ......e SS35; o0 FUNDING SOURCE(S)R, ',WSDOI, r ityorKent PR(A.IF'C Jt)S'IWATION: Meddian EleYnentary School is located near the intersection of SE 256°i Strc�ot and 140`t' Avenue SE. The school provides adult crossing b lards to help students 61'4ss SE 256'i' Street. The level of development in the area has ircreased to the point that local traffic in the neighborhood and in the cq�juuuuiliesto the east of the school has become especialty heavy at tine afternoon bell times. A full traffic signal would assist th4. crossing 964r&,the school children, the parents and teachers arriving/leaving the school arnd all tic, local motorists to maneuver in an orderly way during times of heavy corrtiict. Currently students most walls or 'bike along a wide shoulder on Sr 256°i Street, This project:would provide an asphalt walking path which would be separated from the roadway by a raised c€rb providing ((dearly cl(dii eatsd locations for pedestrians, bicyc liar and motorists. i.`.P.t`)- �E�w;xBm�Cc7 r(;�e_uat ant Orr 4laixli€ti�[iit.�nt�;G�;ih4 Mrer3izr iQnsa hirxtt_vs t,v l.�ereC4- ..�ltk 6aouaE L,. �EBw: dg3;M @�E rE.. VdrS;rP it rat_ i€ i + f.n€uF;4„ae t�ura,.l,i ➢ i ai :cra dj au:it sd Eae sac=Frs Eie3rt In Urea at[,iEP..t k6xsHri$ )nlarnimEtd�n [�.a:erx ll,[f4 ?3yteldi[. at 4-a:aE��nn N_+z1§ysfem [f c�3-r�11;;.IlY -F err<€ina;u arv,uazn'17who [.,1T'�= r°arh4ir F4�cmtbS r�i�t&jai�.1 e ,ue_(.9iait ��6'—!sm Tiau.vav� as S gcsai E ( crfsr-s1�{ X"s d bzn5�<f'€a t�reaF im�n n�ct:vc�tt�oriaF iS€rticl I 9 CITE' OF KE T SIX YEAR TRANSPORTATION IMPROVEMENT EML' NT PROGRAM YEAR: 2014 PROJECT 89: Safe Routes to Schools improvements at Meadow Ridge Elementary School 27710108"'Avenue SE DESCRIPTION: Install a 6 foot concrete sidewalk with curb and gutter along the west side of 108th Avenue SE from SE 2730,Sh'det to SE 272nd Street. Install a 6 foot concrete sidewalk with,Qui�b and guttey',along the south side of SE 272°d Street from 108ti' AY�e6 SE to 105th Avenue SE. This project will install a new crosswalk:crcisging 10811' Avenue with Rectangular Rapid Flashing Beacons and appropriate signage on the'north side of the onramp to the westbound 277t1' ,:S(r et Corridor. This � Ject also includes education and enforcement<element9' including the purchase of an additional Lidai'R£7dar Unit for police enforcement. PROJECT COST: Preliminary Fngipcgrrt , q... ....$175900 Education/Enforcer ut . .$2.0.000 Ctinstnictiori .....$425�t100 T�STAI .e...e ..e.ar... .............e..$620,000 11 1J V 111 :ST_JI3C L(S) E ity of Kent PROJECT JST1W,'ATION: Few students c:iflentty walk or bicycle to Meadow Fidgc Elementary � School :' The Kent School District provides bus transportation for all students living west of 108tt' (avenue South and for students living north of the ,w ool. This projecl will make the pedestrian envilorn-lent ftlentkkler:0-tr all users and make it an invith'g alternative for parents and students to choose. The City of Kent has a number of programs that cheo-urage p opke of all ages to live a more active lift slyht and makes it a City priority to provide atlaractive walking and bicycling facilities, Once these additional sidewalk facilities tare built and the :-taw crosswalk across 108th Avenue SE with f�ectartgular Rapid Flashing Beacons is installed; it is anticipated that many more families will be enf-ouraged to walls their children to Meadow Ridge rather than drive then to school. i (71,iAQ- )A scitwiou lr.d l th_HEy I t i t fit r-,i 9 :eu. b t d"a later toe N 4 rn=f2- e. i e ww,Co idea; .f l M r2h€ Alohilen St tt�'A 1 ne t.la-t,t flwt d t P7gL!. t ? 1,1h"F l d .a f *a9.., e¢,n.E:aaaa[l dd a. „€al`:S €.�szA Ell o d,vxii(w l Bcd,a'al 1,t R s 1,t miigenirt ofimirt Iiom. +y,ivnpG ltt-d-t:,1J;S_P&, I ("ItrPpga vmnea2t ZDtvtt mt,i' r4,P hFrtwt,nTl Ft,ad l t a¢ ifi] fc],. I' ">us ira :,..asi l'.t 1i'm 5 „ram lk eie:ail; 1 5a @t :armor-ineW l&;at d lYtei+) I 10 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT 410: Kent Regional Trails Connector Green River Trail to Interurban Trail at South 218"',%vel DESCRIPTION.- Construct 4,400 foot multi-use trail connecting the Green River and Interurban Regional Trails at a point,approximately mid-way between the South 212°' Street and South 228t1' 51f>et Corridors at about South 218°' Street in the heart of the Dent Valley` This 12-foot wide multi-use trail for non-motorized users will rnGludiktrail lighting to enhance visibility and encourage year round usage. Rectangular Rapid Flashing Beacons and marked crosswalks will be'��tnstolled where the Blew trail crosses midblock at 641u' Avenue South and,,, 72nd Avenue South. A traffic signal for pedestrians and bicyclists o#_ssing mid-block wilDbe installed on 68"' Avenue South (aka West Valley highway/SR 181). A-mcchanism for Performance rrialartoring (counlmg),,will be installed at or near the new traffic signal e .pr'ojcct will install a. steel pedestrian/bicycle bridge over the Mill Creep betwee"11 72° Avenue South and the Interurban Trail. PROJECT COST: p0ium1gsx3,Lngineerrng ........'......$125,000'-' Right of\r('6Acquisituon .......:...$0 Construction ........ $1,17.5,000 i l A a dx. $1,300,000 FUN'IA11'IG SCIIIRC'E(S), CMA0, WSD0T, b ty of Kent PROJECT JUSTIFICATION.. One of tIicihighest priority projects in the City's Non-Motorized flan and Transportation Master Flan, this new trail would fill a missing east/v,rest l'i in the'oity's and the region's bicycle network, it would r onneet two k1he most heavily used regional trails to each other and provide access For tens of thousand's of peop e to a concentrated employmcni (;enter. It would provide alternative mode access to The Dent Manufacturing/Industrial Center's 1,800 employers, to recreational activities along the Green River and the Cneen Riwsr Natural 'Resources A- ea and provide <n lditional safety for all users crm:,ing three rmn_jor arterial streets in an area with a heavy mix of truck tra('hc. 4 &. �- .�,gcat¢n i(rti,;.Nnni aaer 1 tb�ralliy pir3 �t�P;S+'k�i d'eeigiri?�tion�t`rnfz,}10 bvcregt..6 aRft ',S.enr.i<art9r�r: :>0,4cj,I IA Fe,k,,Eii r,Of fldlr. o-usL flitrPe] �N �a�al h'S?;i l�nir3'sp rfurxnsfms �ri,t.<Ei,6I Pttul;i� ar Eon;ror€ Loil S-,Am3,Wedclall,LID— m,il Bur I(w000d DiA( ;,L d"w'rt' Y'iFlac'Wetr'Iss i 9ru.-f Grin eiaa[e€ant -k` Srn.ae, R Ps`orrn:a J!"He' I, de i"ante pm tt.vwhnpv( n,Wknarr r;lAei tt CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 i PROJECT HI1: James Street Bicycle Lasses Interurban Trail to Washington Avenue ($lt 187) and 800 feet east of the Green River Trail DESCRIPTICIN. Install bike lanes along Jamcs?;5treet ,from the Interurban Trail to Washington Avenue South (5R 181). This"project will also eliminate the gap of approximately 800 feet at the west eltti of South 240"' Street where it intersects with the Greer'River Trail. PROJE CT COST: Preliminary Engineering ......$150,000 Right of Way Acquisition........ „ .. :...$0 Construction ......... ;Z`,000 TOTAL..aa.. a'A ..$1,375ij00 a D F'IlI` DING SOURCE( ) ST _Crty of Kent PROJECT � ,JUSTIFICATION- The proposed ,bicycle hies_ would complete a missing bicycle link � between the Oia66il river Trail and the Kent Regional Growth Center. This project would provide the first dedicated bicycle lanes to penetrate what bad here-to-for been a barrier to east/west bicycle travel, State Route 16T Bike lanes currently extend easterly fram this paint providing connections to the{fling County Regional Justice Center,Dent Station (an 18 acre shopping and entertainrnent complex), and the Dent Transit Center. Nearby land uses include lnstoric downtown Kent, City Hall and the gent City Center project scheduled to add 164 urban-style apartments tli the downtown core starting in 2014. Pilling in the missing links of this bicycle corridor is expected to encourage more people to utilize bicycling for more of their trip,, The anticipated mode shift from single-occapan( vehicle to bicycle will allow Kent to meet growth management goals while continuing to comply with its adopted level of service staanchirds and federal clean a:h standards. i S'3,AQ—€ n eM4,u191 g,ni �..nO A 4'akirsili fyi 1xedvnr!),FAN 11 's,i ateF, fo, Iv;4 U I r-Sca I Ve . �couvC' iron, rivgyr i++._ a ry.[i€ Yfrr7n3 ?r rn ,;r e tast2ea;t Flour i,t�iu€nLt¢.� [P s•derai�,5f;* Y¢uhii�y.nt )ekr�;1�JF'k Hu ;r}ati uc91 fiurupr ax f ID,H,0i iik VV€lY11, Pubgl —WiAkc r 'rest R'tad n,¢. ,S 1 P—4uu;Hrr P i anspa tamr Pwp,t1 i& 41'1rd 16l3 'E(5antel i i 12 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ICI i YEAR: 2014 I PROJECT 812: SE 208th Street and 108th Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancement- DESCRIPTION: Add dual southbound left stor ge lane on 1087';Avenue SE, widen the receiving lane on SE 208tal St and modify the signal phasing, PROJECT COST: Preliminary Engineering....................$60,000 Right of Way Acquisition ................$75,000 Construction ......... :,,.........$575 000 ....., ..A .710 000 ` FUNDING SOURCES) City{t f Ktt?t, WSDOT (Highway Safety Improvement Program) PROJECT JUSTIFICATION: State Route 515,.also Imown as The Benson Highway or 108°i Avenue SF, is the prinr,jry north south route on the East Hill and serves as a major transit route, With four to rive lanes in its current configuration, this roadway liar been widened to its practical limits. Irnpiovernents to ()ltenseTti6lis along the corridor can leave positr,e fdl'€cis on corridor cotigestio r and improve efficiency. This project would add queuing capacity for the southbound tell tai n movement wliile continuing to provide two Lanes ofthrough travel. orc a1019 rr Q,mAI?� n S..B r'L,ig Eti.a sun -Irate¢, €ts 3 VC ,,Ii- ,,.tfv'fit r..... f >.-'idorp F 'ISM- MA.$[hrz,ta>€h5 .Es;;reS,ias,f,nrne iiu.ud ; 'UwJ,3 ... e¢ inm{f<dr r a it A3E& A ;,ja'E T i"n"Titr we �a�cderal�,i%:� aretet4ii, �f p rarRsye.fama 3y xtc� ji;es;efTMj; LID Coca€€nst (AIUIPIIl Dki ,I6 Vt4 S� &❑€fl, Wori;.a t r¢"s Put,; Law,!( ;hst*1iTV—,;Y�ue€ar, ,a;,,pot i c nr Parosr;ri t i c `.u'saJ,i .ad iz-::zeFPw astc i eataVx u.ra,a z Sw'w', Xta[cj i 13 CITY OF KEN'T SIX YEARTRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PIPROJECT#13: South224uE Street Extension 84`h Avenue South to 104'h Avenue Soutd t(SR 5I5/Benson Highway) DESCRIPTION: Construct a three-lane road from 8'4�,;Avenue South to 104t" Avenue � Southeast (SR 515/Benson Highway), ik ttdl ng new bridges over SR 167 and Garrison Creek. Ihe"project will motQe the construction of full- width paving; concrete curbs, gutters and sidewalks; street lighting; storm (hainage; landscaping; utilities and appurtenances, PROJECT COST: Preliminary Engmecting �3'�000'000 Right of Way At, 'liistlon.............$4 tl ,005�,,000 Construction22,000(1O0. TOTAL., ............ $29 !1 U9D9D n$1 18s..Q, FUNDING SOURCE(S)o City uf`Kent, Lll), TfI$ PROJECT 3d1STILIC A I7(AI dusting roadway sy s1&rn cannot accommodate the current or forecast cast wsi traClic vvlunres betwcero Kenfa East Hill and the Green River Valley floor. In order to meet transportation concurrency requirements of the Growth Management Act, additional cast:west vehicle capacity is ,required. Intersections along South 2081"/212°i Strcct and ,limes/Southcast 240"' streets are also at or over capacitor. !t is not "ible to widen the James/Southeast 240"' Street and South 208°i/2)12m Street `corridors' enough to accontrnodate forecast traffic volumes without additional caskwest capacity be ausc of existing devclopnlent and topographic constraints. MAO ME ,,,Minn xiul as E>EvAO, (W r3e3.a f] 1 A@ .rihd'!Avool,MI"LU"'y Y.. P rare€b ,.ieL-n aconx.r Cln t,l.ror; v RiRYyI-- r ,Aq "ohiPh hv twntB tx€g� ,t..!ct,t 9A f,d't I ,.r.r. , M"S Hao;rd f:Rr-fite2Y€n.,)a .t_rTai).l IEtich6ier sa l.a�e�a>�t'tvk.�aY ,vefan� [Fed�.,(�; 3,Hrl Irrt..oE:ntfreete6rFestf RJiahu`,&'EY'9'P kzUlic".Muelcs 7andlFLni4f „nr iSt4iflt�, i4 Eni!nv'ira+,ioi.a9E�n Pro"I'ar.; rinpEEtrran'1,1; f i 14 CITY GE KENT � SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #14; Central Avenue South Improvements Green River Bridge to East Mllis Street,.(SR J 16) DESCRIPTION: Remove and rehabilitate the existing roa pavement to add service life to the roadway, between t}r 'Green River l3r•dge and East Willis Street (SR 516). This project Will include the removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. Also included iii this project is the sclottive replacement of curbs, gutters,usidewalks and st>e as well as minOrstorm drainage improvements.' i PRoJEcr COST: Ptehnnnary Engineetig $5 20,00t Right of*4kAcquisit4 $D C6ristruction .......... ....r:.......$4,000,000 7'C}T- «aa . ...,... _$4,500,000 FUNDING 9OURCE(S} f 1 F; City of Kent PROJECT 31IS'PIF'lCA'tlCduIe I']r c,kisting pavement along this section of t cntral Avenue Mouth is exhibiting signs of distress, as demonstrated by "alligatoring„ longitudinal cracking, and cracking of the curbs and gutters, The service ht� of this roadway has bccn reached, necessitating reconstruction of the roadway, 'lhc. sidewalk system is sub-standard ia, many lot ul€>,v: and in need of replacement. ( ',I t o egestfou°G o nf'apui id Ak Q mAii1iY[V,ft a@I, F,kht s iaS V±t: f 6cI, trAtt�,u i rtnAt_tea it6=1FsC('31a Ca iridw 9 tsr,hi b;aicgic III,c LWe,A ili,zo t Siwc I,B 1 S &nbutai I a wit.x�Bcrt r r„¢„itinn [f� thea4[,00€1 R3 wzava 'Eh itittnboii I Fedcrtsl[,tr FIY4 Mgetltt2;,nspm' vttn,_rate;u d [f c,cr'siJ;l I" u.o—Akmpr raV,gw"I Axirnirt,i`JJfI€'—P'11411r Worlis eAu, h[a.i i[5I t�49hi T- 3lerie fpfl-'Spi { mIFo-ra llf Ir '�e".l'e)N- P P 4�o EN;I tic;btu„tio,N m,Pi bl.Hit n t irOfl [-;;iA(G] 19 CITE' OF KEN�T SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 i PROJECT #15: Willis Street and Central Avenue Intersection Improvements Intersection Operations Enhancement i DESCRIPTION Improve the intersection of Willis StW6titnd Central Avenue to provide a right turn lane from southbound on (en[ral Avenue to westbound Willis Street. Project includes sidewalk, curb and gutter replacement and improvements to traffic signal system. PROJECT COST: Preliminary Engineering $40,000 Right of Way Acquisition........ ...$150,000 Construction ...$2b0 000 I TOTAL.... yr L. 450,000 FUNDING SOI) CE(u) City*Kent, Developer Mitigation PR0.IR11 .IPJSTI FICA TiON Tfih 'project is a traffic mitigation requiremcnt for additional trips genera-Led by the k ce It Sta,iorr, Development, The City of Kent will be irreplcinenting this project that is required of the developer. d M A 0- t, aeluon Pa rh,aar;eu li'iti 'ra Ok"'ik`y(f r•d ,arts F' 3 r,re!I Cr r V ur"i, €tte f w u,m P.._rulr,rt F r,4°&S—f rrs,iaf M(4) k 94 iti,,t P,.ill,flt wilt fsa rd IsAMe ],I f A r adrRrt R " ?d?!r a .Pi...: (r 1 .,P]'._IEF 0 r frna, !a6ra- fr�r 0"AI.i F�i IitIeMt ;_rer'dr.it,pmi"r honS:;,teem,I F1'd.n tit I; iM Llmal lnptm rarcrI Pig C r.t; PW'IT Gu69i, ti'rra€aa Me43IFl"r .in.n114"nieI!SFT 1- eaxf,.r.e .r mta1 run 3rogrllr,iIlcdamn]; rrh 3r.tri"por¢tt'arr1rly5('c:It)orrffio,rrdISIatcI 16 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2015 i PROJECT #16: Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington-Norihern Santa Fe Railway i DESCRIPTION: Construct grade separation at the butlington Northern Santa Fe Railway mainline tracks at Willis Street (SR 516). The projegt will include the construction of a bridge; four-lane vehicle erog�ihg; full width 1' ing; concrete curbs, gutters, and sidewalks; street lighting riltrlities and appurtenances. PROTECT COST: Preliminary Engineering :,.........$2.50,0,000 Right of Wa} acquisition $3"000,000 Construction ...........$24;500,000 TOTAL Al ....a .,,x;,,.$27,000,000 IsUNDINC SOURCE(S). City aX ent, Bwhngtori Northern Santa Fe Railway, FAST, i FMS7B.Port of Sqgtfle, TIB PROJT+CT. . JUST]FftCA'I'ION: 'Phis pio�eyt=supports e i tllsest freight and commuter mobility in the Green River Valley. More,than 26,000 vehicles per day travel on Willis Street, including over e00 freight-.bearing trucks. Tlie level of freight and passenger rail traffic on the BNSF',Railway mainline is also increasing to approximately 45 trains a day plus th6-b:brssibility of another 18 coal trains. Grade separation provides more efficient iia'ovements of goods and provides a solution to the costly problem of congestion; The railroad crossing will no longer impede freight and other traffic flow. Reduction in traffic congestion on adjoining streets and reduced envirofunental impacts caused by traffic congestion is c;xp,�,cted. This projection will enhance Kent as an eeonoone generator and provide regional connect ens for thousands of businesses, W°niployers, and connnuters. CftIA,i—Q n-icetioro- ',md ;,ir 01mli 1', 11 Nd mI„Ir'Val art`iteateg, for i ac€nnzc r.'ridu3. h3caili S,A fr�,r. 8� c„rs.2:rN 00a 7 ,[-.tin],€ r€aars;� s�s pit rlun tut 1r`3iin�f(der , ntj.12£5 LN.�ard R�rbr.uir krederndJ.iTS InM4L, n Gransp¢Ytrumx;,:vlercru Modes Xi];Ljii —lenm Parpeo.crutsalii@.rs SEE iL'rP�' L'ti kdic ki'orka P"4M l'n rw l r„s?r(crtstea S'IT st fiwl 1l anadmt i�t r .urflr, r edc�-aEj; 9�i, f u eirnp x ,ira.r irrrpr a r� :rt Einat.f� is�Pat i 17 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 I PROJECT ##17: South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington"Northern Santa Fe Railivay DESCRIPTION: Construct grade separation at tha tcn Northern Santa Fe Railway mainline tracks at South 212th Sheet. The project I include the construction of a bridge; six-lane vehicle crossing; full width paving; concrete curbs, gutters, and sidewalks; a bicycle facility;street lighting, utTliti s and appurtenances. PROJECT COST: Preliminary Engineering 0000 . 1 Right of Way Acquisition........ $1,5005 000 Construction .. �....$3Q0t10000 TOTAL ..... ....:.. 35,000,000 FUNDING SOU RCE(S) City'gf Kent, FTv4$W, FAST, T113, Burlington Northern Santa Fe Jtailvay . PROJEC`1' JUSTIFICATION: This project supports east-west freight and commuter rnohili.ty in the Green River Valley. Approximately 29,000 vehicles per day travel on South 212th Sticct, tpludirlg nearly 3,500 freight-bearing. trucks. The level of freight and passcngei .,Tail traffic on the BNSF Railway mainline is also increasing to „approxiin*ly 4.5 trains per day plus the hkelihood of another 18 coal trains. Grade ,separation provides more ctTicient movement of goods and provides a sailut104 `to the costly problem of congestion. The railroad crossing will no longar impede freight and other traffic flow. Reduction in traffic congestion on adjoining streets and rede.0 ed environmental impacts causacd by traffic congestion is eybpected. This project will enhance Vent as an coonomic, generator and provide regional connections for thousands of businesses, employcrs and commuters. 4.iC,lil—, r vg 4,ttr<a f4 a1r <a4iiaa i5alAli i}d.dit)'Iaa ucat I; 4 - '3tE'aier,, 1m PA,rcii CVItc'%fte-'1.".1l, rIk�w i a,IN- f reil3M 1i I WA,Uqlr ,;siC get,e%tmcffI l;n aa3 eS9e1,1, V i : #=<1sa a! flt 4tnni! mhwvW24nl II C d 'a(1,f V,; -l:s._n8 Eli miimaion !Fd.n''I ,I lnleigaiat pana,puri4rit. , sitina€11,CTkralj;i,ID IGui€iReUat.erren(Dkli,,P M 6F Pieb9ic:i'af'h, r s,as;;aanli @.o,,,:[z±b i..,11, €'rid . x 1-")'1;toa afi,W 1 11 ell,:a[7 a&€ 11; t 9 i rnaisp;ra Car€ia:a fa.apl ,r RWnI Board weilk 18 i CITE' OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i VEAR: 2016 PROJECT 418: Military Road South at Reith Road Intersection Operations Enhancement DESCRIPTION: Widen all approaches of Military Road S"' at Reith Road intersection to provide exclusive left t4,q lalttos for each '60pi9ach, and exclusive right turn lanes for northbound-,and southbound ttafAC:on Military Road South and westbound traffic or Reith Road. Replace tfr existing traffic signal. The project will include `the construction of full '%yi4th paving, paved shoulders, street lighting; storm drairiaO'utilities and ap 4rtenances. The intersection will acgo miodate the tture bicycle lanes which are planned for both Military 6'ad.South and It- Road. i PROJECT COST: Preltltii"tary Engincerjug $1.80,000, light of WayAcquisrttpn .,.::.......$20bi(lt)0 Construct otl ..... .........$1 800 000 TOTAL ..... � . ......... ...$2,180,000 I'L1T4Ikt NG S11RCY(S) E1F4; City #rent, 3evelopment Mitigalron funds PROJECT .1TSTIFI€'AT'lON— The.#-Sol of development on the Kent West Hill coupled with the growth in 'tbc Puget Sound area and the regularly occurring congestion along berth Pacific Highway South and Interstate ; results in significant congestion at this intersection in the morning and evening peak hours. CtdAQ c vlpOml SP Goed tla utasl A, Qu_lVtg in 3s.aI:i';4 .a I i d'-hl' ciiml :Et afery i�>e a nit KrF rrt[^ d'2caei �tsn'�'is9ot'; 'wrhl L'- 9 4,h,a MIA r bsat tic,i I r"I r1 Irat A 1'State1,9 d^, 9,it111 f i.JY ,..,crhu nkIt a Pion ti elkra3J,iiE h earc6 ' ..InHirzFi i r.ii I'd CT III:t f, rD tv.[ligelti'P'i Ili r-rd.l?ru,4y,PvFsl, ,cde'r.IJ;&,itD LI)UlI§al,r,a)'�m(n,Diviu P_t. P"T€' F o4i Wort 1, i i l"Im F mgd X 1)rty I st"rIc J,S I f, 3,93aa91a'I:fmt„tx,tn .no E alf, f I,&')w]1109!, Itanspa 1 a Gem in,PM J ctu ent sate it[Q'lats.] 19 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM M YEAR: 2016 PROJECT 919: Willis Street (SR516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of thQ �Rfj#bn Pacific Railroad's mainline tracks at Willis Street (SR 516). The projept wI include the construction of a bridge,; a four-lane roadway; full width 'pabing; cilngrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering ,..........$2,000,000 Right of Way Acquisition a$0 Construction �l$,000,000 TOTAL_ ....... .$20,66. 00 i FUNDING SOURCE(S) C`t-cif Kent 17M r5 l MSIB, POT(chi'Seattle, TIB, Union Pacific Railroad JUS'i'II'+ O I'ION: This project supports �ast­west freight and coimnuter mobility in the Green E ivcr,,V all ov more than 26,000 vehicles per day travcl on Willis Street, including ove S100,freight-bearing Tracks. The level of freight traffic on the UP Railroad>mannlmeti�Is also increasing to approximately 20 trails a day. Grade separations,provide a solation to the costly problem of congestion. 'Ihe railroad crossing will no longer impede freight and other traffic flow. Reductions in ltaffIc eotiRcstion 01) adjoir ing� streets and reduced envnornilerital impal is cgmri ed by traffic congestion tine also expected. This project will onhance lzent as an er01101rac generator and provide regional connections for thousands of businesses, employers, and connnuters. 9 fir;6;3._ tr„._Srtr;PS te„a4oPt sx 8u f)!tMO, !6t6 ,SI;; 1,"S i t,ri^6ia h.,..:,aaid[. ant C¢, rdt, s,31. 4r?Coe.me 0) 54(5,; t t!'�I —➢ro-rgfii h'o ttbiErte s r,iI, NV60mcnQ r=i'I al .t-t�],r a 0. I erierA I.,.t.:; 1 Itrs=i. E[3, m �F.('.r 31( F t'S SLi.,tc,a It.trv:om I itticrxlj,9Y ,. sWIoarispc"fAiuu w�ivmn E:.t:E r alll, nd(!, 1�ca i`4}'n S kutlia�rvet�teart i#islr, F, t+ llir ,I;[lo , r.�Ir or no,l CL;rkd Loton I:'iNfil;S10 1"limpms ii4m, r_;,rlw, I, IIk "th rumsp!sK Wiwi ftnrm x,V,rwrt➢3oat 4JMmel 20 �i CITY GE DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM I YEAR: 2016 � PROJECT €I20: South 212th Sheet/Union Pacific Railroad Grade Separation Grade Separalion Crossing al Union Pde�fi.e Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at South 212"' Street. The project till hi0 ide the construction of a bridge; a six- lane vehicle crossing, rill width paving; coincrete curbs, gutters, and sidewalks; a bicycle facility; street hglA*.utilities and appurtenances. PROJECT COST: Preliminary Engineering ..,.. .....$3,OOQ,-000 Right of Wa .Ac uisrtion.......: .$1 5 0 B Y. 9 f Q',000 Construction $21901000 TOTAL ..... ...$30,000 000 FUNDING SOURCE(S): City of Kent, FMSW, FAST, Tll Ainion Pacific Railroad 1 PROJI C 1 . IUSTrPI Pl<?N: This project supports east west freight and cor unuter mobility in the Green 12tet Valley. Approximately 29,000 vehicles per day travel on South 212°i Strcet, including nearly 3,500 freight bearing trucks. The level of freight traffic on the UP.Rarhoad#�Ynainline is also increasing to approximately 20 trains a day. Grade separations provide a solution to the costly problem of congestion. The railroad a tossing will no longer impede freight and other traffic flow. Reduction in traffWlw `^n7lgestiorl on adjoining streets and reduced cnvirorrneatal impacts cansed by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commu(ers. t Ii'hSR + okI2i-A 14,,Lllaw,I.,HA A 9 Q 1,Blip I Iu .r AI;VA P Pot .ighfr egq, n.Esgr ias E. .,eck-Ss il - „aomx Co'e'is!oc' n 14,ili E v taq'povc"I ment l 3E l ��tatej, a : f,star.¢ n,uvxt irtlru a fim gt4ou tr.E3et alb:47i;: 1 aea,'� 8 6mi"A(m li cdvndj,i E S fiwl p,,nt ?"w!p„ h'any Ntip Ievn lr''em il]z)AD L.ou it hnp� a v,"i(w 1; Uvi Y"VI r Works ;E, ,).v,T -""TPNC^ rro6snor hat Y rnnsa a (f t erall; F=lt 1:-8nvy m'€adoci 7m,�4 4tia rti 9so,u-.Isi trj 21 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2017 PROJECT 421: 108th Avenue Southeast Extension Southeast Kent Kangley Road(SR 516) to Southeast 256"'Street i DESCRIPTION Construct a new three. lane roadway, 6tv`Southeast Dent Kangley Road ( ) ' ding rebuilding the traffic signals SR 516 to Southeast 256 Street rfil" at the intersection of Southeast Keni ' ,gngley Road and 108"' Avenue Southeast and installing one neNv traffic signal at the intersection of Southeast 256`' Street and 1`09th Avenue Southeast and replacing the traffic signal at Kent Kangley Road and 108a' Avenue SE. The project includes right turn lanes northbound on 109"' at Southeast 256th Street and Southbound on 109" at Ken#Nangley,Road. The po6dj et will also include construction of full width pa'itih e6tic" to curbs gutteM, and sidewalks; Sharrows; street lighting; storm drainage; landscaping; utilities and appurtenances. As part of this proleC#,the eastbound lell-turn lane front Kent Kangley Road to Southast 256� xStieet will be eliminated. PROJECT COST: Mliminar'y Engine ing ...,,{„ F . 30,0;000 Right of Why+>Acquisitron . .. '2,100 000 Construction ....... .....$2,800,000 .,,,—.$5,200,000 t+CJNDTld SOURCE(S), cityof.Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intcrsection of 104"' Avenuc Southeast (Benson Highway) (SR 515)/Kent Kangley Road (SR 16)/Southeast 256t' Street by improving the. traffic flow along SR 516. if will clieninate the left turn pocket from SR 516 to Southeast 256"' Street=and redirect that traffic along SR 516 to 108"' Avenue Southeast. There will be a new loft turn pocket constructcd f'f) ' motorists wishing to travel north on 108t" Avenue Southeast to Southeast 2-56t1 Street. By moving three let"" turning ar oven7enta RAher to the east, away front the congested t' intersection, all dircetions of traffic will be able to flow 6<a s— ue,y esPr-an= p,„e ssnn ar;,r A n (,DHAi€}')i edo'3 ar ij,F'h f r:rr;'at,*iri�,.Str�i.c�,;. TUY I ,i pent Sr 'toIr f neo;r.Cilrridnr, P�iS&€l— e'rrr,htieYuln3h .+R +Pcger laY,�•*nCuf rn s � ,Eafsy,ti ip,it="l.l tl '_r �t I€�i..r.r i,.,:zo-° [:,drr rt�• k-`.E`s F-:=arai ' r,lhnirnfa na �L2rlsraij,,F•. :efttii�rrtt lcancPorraPrr»x.,,site,�`rret.r..t�,1.fiS: 1oc:a'drrrFierr.rn�e�rP t>iYir e,9=4`v'!S-' Ir:Faie i;'orPr.a 1 I t1it r¢rn. w DTP—°pan fair i trfmt !irAAfil sit€rEidI{ €ft1 Niarsprer aEorr irarrr rr€acrnt Pfgo'd SkMij 22 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR. 2019 PROJECT P22: Smith Street and Central Avenue Intersection improvement Interseelion Operations Fnhancement s DESCRIPTION: Revise southbormd and northbeu tmunlaneassignment. I PROJECT COST: Preliminary Engineering .....$100,000 Right of Wa y Acquisition $40d,000 Construction :.;> ......... .....$900,Oo0 FUNDING S01IRCF4S} City,ot Kent i P1tt;:Jl;f""p JUSTIFICATION: The southbotind vehicle movement is heaviest in the afternoon peak eriodi The predominant p t � vehicle flout in the peals period i., sonthbound on Central Avenue and then left on Smith Street to proceed eastbound lip the hill. This revision in lane configuration, queu capacity, and turning opacity reduces congestion. This pro}ect could rc:dcsue She interscction d61ay in the afternoon peak period from 167 seconds per vehicle to I I I seconds per vehicle. I aaLi:o-n>aMg1,-fj011 am Ai e +`l,r.tlkit, t9 eu. .d; YA't1 vrnigI,1 xy b3.mi ,Yt'otic€t for.t,:rc4{��tnd€, iW ropy 1 Vor,Ww: tv 17ak lno Gm si;, ) e ,I,( V t Ifr i a i i '4)mij7 b I Viol1l vd IJ ➢ P' tf n I t [r3iinjhn ( �Ival];k N)Ediigvai' r an,slimlatif,it S„(ewsI rd,r.;ij,LID €mpr ,enlmi iho4< , Y iii' Flqdk.W"'K, P� sY Fw �fou;t�lx6�. rHtr- S`;r�lna lta�o-vptrl �in� 7rasrnnt� i< rRj, iF{ - rP'R31;€rt F rc+Seet3;o 3.��rk Y,;ta `��%t'aiel 23 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM M YEAR. 2018 PROJECT #23: S 212"' Street and 72°1 Avenue Soq*jntersection Improvement Intersection Operations Enhance # DESCRIPTION: Add southbound dual left turn lanes northbound lane configuration. PROJECT COST: preliminary 1Jtteering $60,000 Right of Way Acquisition:,...... $f5,Q00 Construction $505;000-. T(D]CAI. R4me.a aaRi S(r90,000 FUNDING SOURCE S PROJECT JUSTIFtCATION� Kcni is an imppKtant freight distribution center in the Puget Sound Region, The efffeicni. movement of freight, through and within the ('ity is ciitical. to Kent's eoonomic health. With the completion of the furai road segment of 72id Avenue South between South 196t" Street and South 200°' Strcct; 72°d Avenue South becorms a key freight corridor -and this intersection of two important freight corridors (72"d Ave S and S 2.12t r Str6e!) takes on a Highly significant role in refieving the congestion often loured on 4h/cst vailry lfighvay at peak periods. Ihis improvement: reduces future; southbound vehicle que`.ting and congestion and has the Potential to improve intersection delay fiom 193 scoonds per vemele to 63 seconds,per vehicle. i `. Cd3.(}—f ra,ettio,R tt Ery,�fu,n ur;T �a= 4F+R,liBy �7a r [..i1, ',dJ 6 E argpap h<tut .r a,cg,7 k e Pltre{(-k..tt9 t, rzcsnn .�o.ci+iors A2_rR.s.t '$(Ana 45 qEeer.yir 4nt;vanenY E$a.avr �'yiefsy,IN WtJer;�it [. dt<n "hi,.fiirsr iHrt el!„B;r'.f4 � _d:^f'1t s rd mi wl Ij'en Ff,,dcrtll _ S Hr,i dligR 13r tt:5t3spoR`9.t6 nu )SIeni� 1rder of IWp,a+e... p,I�Psttufl�YtS"i1' etfj,I tad 1,Vrrtr`r<e v,-[Flu r2 E.(,,,I g] , I Star€err 9 r Srllq)pt rs hon tl'r'agn of € di'l t; 0 0t. rr,R:RSpot i0Rar E Ill ru c IFM P,Iard 1 1 ' 24 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT ##24: SE 240`h Street and 104"' Avenue SE (SR 515/Benson Ilighway) Intersection Improvement Intersection Operations Enhancement DESCRIPTION: Add dual northbound and southbound let kturn lanes. Add southbound right turn pockets. Modify sTgpal phasing g. € rr PR®JEC.TCOST: PreliminaryRYz >ineerm .......$120000 Right of Way Aeqursition........ $275,000 Construction r.....$1,205,000 TOTAL—. ..,.$1009000 L+'UNDING SOURC E(S): City of Kent PROJECT' JIJSTIFIC,ATIOM I'01th Averu( (SR 515, also known as The Benson Highway), is the primtu';, north south route on the Fast Ili" and serves as a major transit route. With four to five lanes in its current configuration, this roadway has been vlidened to its practical limits. Improvements to intersections along the �oraidor can have positive effects on corridor congestion and improv€: efficiency. 'Phis project woutld add alusuing canac ty for both tlic ritartfth.pund and southbound left tuna rnovements while: continuing, to provide two lanes of through travel. It could reduce the intersection delay in the afternoon peak period from an average 110 seconds per vehicle to about 56 seconds per vehicle. j t ., :EJ i n.gceifon l'3.n.;,,hun c(d ai ctn�lity tl(d. a'p.i4i I i'tei;;ki2-� nu 4[ratcg} rr k.,a°c;i:. . ,tit,-Pas��na.¢ u(�c.v; '. 6 aseeEnxtu s l;.rdeKRl],6 —s'ca Eel�it(n ip;n1 [5or'6d?m❑Sv:;ierm(bruesal�;p_,[t3 r,ys(_a1Rris�,a carenY&.°iafuif Ss,="i'i' 8 aisq i§'a('Ict I I k'A [1m, 3_.4 IS1,-E,ti sa;'—SmNv ;mypn.i l � 11; m:: h 36wq I 00(H kliwe 'Ve nu Bmw4f Sinn I 25 CITY OF KENT, SIX YEAR TRANSPORTATION N IMPROVEMENT PROGRAM YEAR: 2019 PROJECT #25: IiRilitary Road South Widening South 272"d Streel to Kent-Des Moines Road( R 510) I DESC IUPTION: This project will widen Military R,oad"fro n South 272"d Street to Kent- Des Moines Road adding a center left-tum lane, bicycle lanes, curb, gutter and sidewalk. Also inelnded' is the construction of stomi drainage improvement and illumination system improvements. (Note: The Reith Road intersection is a separ to project and is noOhd ided in this project.) PROJECT C4)ST: Preliminary Bnginecring ;;,,$2,QOQ 000 g y . q n........ $1000,000 Right of Way Ac tusiYro Construction .. $]S,SOOQ00 TQTAI ,.... �Ig,S00,00U FUNDING SOURCF(1). City of:Kent, I7e416ruent Mitigation Funds, TIB PRO,ID+CIF" f JUSTIFICATION: Tfie�level oU.6velopment along this section of Military Road South has ;cached q point where a, separate ceriter two left turn lane is required. During peak traflit''flow hours, the roadway cannot acconmiodate the traffic voltunes due to the large number of vehicles blocking the roadway . waiting to make left turns. Most sections of Military Road arc lacking � 41d 3lks and an adequate storm drainage system t.i,l lfi—tt wsttnrr P,t Frr_tfro. Asa+? et €,�IiPf'�C t.rmJ ?<ASs F,,;g lit F=.u,m sir a,.!ibfw Lve¢"U hay.1.: € b7`sfl�=-_�f f i,t IbiEFn.rds ,r.a€a _=e tt 6 ;east IVI,n I d(�t ri,l,fi t , E'€dera€ f s :a :,7 nog n., U,r]t4dE,,eJ, 9i�i s)hartf d 6aEio.(:'.i",Al,R I 90,phi ,,lr trail"I"m mtins.,x Azm, F,ror 4111: :,tsu Loisl-b:,ref3a camp €.i&n a<t; 1`k,tl B'WxwVVorks o "It vi"Ic Loan[;�taae].4 i im, i 1 amjlog( iv,o tntge`irtj tr,,n' j, zlt Viman+ Mfm lm '),o ,m.n,:Soa d [°lief(] 2.6 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2019 PROJECT ##26: 132"d Avenue Southeast Widening—Phase I Kent Kangley Road(SR 510) to Southegq 2#8'h Slreel I DESCRIPTION: Widen 132Id Avenue Southeast to provide a five lane roadway, including four general purpose travel lat es,.`a center le$-turn lane, and a facility for bicycle travel; modifying tie existing traffic signal systems at the intersections of Kent Kmgley Road and Southeast 256"' Street. The project will include the G,ttnstrucfion of full-width paving; bicycle lanes; concrete curbs, gutters acid sndewallcsy street lighft,ag;, storm drainage; utilities; and appurtenances. PROJECT COST- Preliminary Lngine'ermg f..,.. Vi,80 ,000 Right tit Way Acquisition < .$3,100,00(i'.;, Col irstiuctiq; �18,20( Q00 >" i a..n..e.a PC�R,. .1_,. TOTAL .., ..,,.S25,100,0Q0 i FUNPJNG SObRCE( ); Ch of Kcnt PROJECT ,T1STIFICATION: The levetr f development along this section of 132°1 Avenue has already rcaclied the point whereby a consistent five land roadway section is needed.46 providc efficient icft faun iccess into adjoiiiing ptoperties and ac4o,,xinkiidatc torecast traffic volumes 1 xistin- traffic volumes that excccd l d,{)00 AD] (n,ar (lie intersceticn of l32"VAvcnue southeast and Dent Langley Road) necessiiaie a five lane sectinrr. Sidewalks and bicycle facilities will provide inaultiniodal access to adjacent land uses. HiUy Cc,3pcsfiar lM a,ionan, o, Q,ulhi) I W,dcl, j.2'.hi.'I �Iig'j,I tf mut,,t I m k gy 1',rrlyoH(-, L-A evom,ry con idw 7iI M I i6,lat14 b; s, @� dti�,iC lin.Eetn�eni]Bu <Ci�Sta t+if,FLA 9etkls� vant ilA(Inu m w'w, 1P,e4ve.Vl n ;,S kujmd 6 IINI[hAP ! �e ctl?ra€�, pro PnPtllil;tmt Hd;��e*tie=r�� �n 4,&ns PoJ(1] Impim"w"{9;NO rcFI V puEthic lVorl'k Insea i re d i n,3cat<r.S"82"-iiu� a ,� u; toe pa it n. enge-- „ If,rla..cr;'; a Hi F Faanj(3'atej 27 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2019 PROM CT 427: 132°d Avenue Southeast Widening---Phase If ! Southeast 248`h Street to Southeast 240"'Street DESCRIPTION: Widen 132°d Avenue Southeast to proy de a live lane roadway, including four general purpose travel lands, a eCi#ter left-turn lane, and a bicycle facility; modifying the ehrstlug traffic sign#q system at the intersection of Southeast 240`" Street Tlaioject will nrcJ(tde the construction of full- width paving; bicycle latres,`concrete curbs, gutters, and sidewalks; street lighting; storm drainage;utilities and appurtenances, PROJECT COST: Preliminary Engireer t7 $150 000 Right of Way AcqufSition $1,560,000 LSxnslt4ctl(?I7 $ 70;060 TOTAL ...-...... 5 7,0U0 d➢IibE i FUNDING S URCi*(S) Citytof KWI PROJECT J JSTIFICAl"JO d: The level,of development along this section of 132"d Avenue has already reached tte point whereby a consistent five lane roadway seetion is needed to provide efficient left turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle facilities ruilt provide multimodal access to adjacent land uses. Loiagctit{on NIi01,1t(4m and[ tit I (i.i€ItIA 1,'0 d i,ei;iu A Ow a krr;twe' Dui =.5��€ef!-.ti,.r,3s�.h�.t onn.i t,mlitlmo; lad 8I:- F vci (is "'}built gitve4 6E all ol( i i Istet f,k i Vpd""'�i & ➢ :1;=EYI JS�I i�i+l5�1 t 1 t f� �d'`i '� �'fi rli e7 in, jt.dmIq.l S 9uiJHI""T� "'pAmIa uc,a]'�,, W 6IIII); aunt ;F"VO' PtAWic iiwL' "!�i�,4E iiu r a r,ap i"3fek�(.4t�--6ari.rte j'r.�aspcu ie t�aoe Fsi;�r�m !t p.fe,rrsl� 'laF tlraeFsprork.tPu ea Im" r .'n"JI Etna?d l`r1Nte7 28 CITY CAE KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 928: Dent Kangley Road (SR 516) and 132rt4(::Avenue SE intersection Improvement Intersection Operations Enhancernent It .. i)ESCRIPTION: Add northbound and dual left turn lanes. � I PROJECT COST: Preliminary Engineering 0,51600 Right of Way Acgyisition ..... ...$1.75,000 Construction $940 000 TOTAL..... $1,200,000 Y. . P'iAdDINCBSOURCE(S'); city ,of-Kent PROJECT' t JUS'IIFIC:ATTOM Keitt Kangley Road (5R 516) is a Principal Arterial with over 32,000 daily vehicle trips,_I32"`1 Avenue SE is a Minor Arterial with over 14,000 daily Aiyle trips. 'The demand on hot]) roads is anticipated to grow in the nee>t �;dccadc as growth in households and jobs on Kent's East Hill continues fd develop. Over the next 20 years the growth of traffic on 132„d Pvi`zfarc, is prcJected to arovr at an average rate of 0.8% pcl year. This tiacans the demand on the roadway would be 15% higher by 2033. The intersection of these two key roadways bceomcs a chokepoint for both local and ii,Lioral cormaute_.rs, Tills imptoverneril reduces existing and 1liture southbound congestion. Tt has the potential to reduce the intersection delay from 109 seconds per vehicle to 44 seconds per vehicle. f'"4,2C's- t�i{ '4�na`a¢i3F .hdn ara is Qt�€a'i3r�a td ia( ,Yhs➢ .9g@it,t Yin,,:f�A egv d w -rcEt-ti rtiFle-4hnnun Lar¢'ida¢'q R'Sd3a- r eight%IaM 3 . . ,g,&l N ,Sa3,. iHw' l,SPar�,ViA R e&,,11 Vedelall,2iL'S ifwar'; Vliwm"0c'n GFederstif, i T`, I,011it,n! s r ii3s}umfi ul ui11°:;0t;n I Vedendj;ti» F oc"I ompio,'wen Y2i teao,FVVT6 'aWir works "3rua9 tl,un To;r¢[ €efet.,,@P—Sul l cc Ir2n�po !aa r ' I aram 11e i..yi [ Bpd` 9rNna1: rs.iattt%o�.m i,ute_tE ixca � �hafet 2.9 OITV OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PEAT,: 2019 PROJECT #29: South 260eh Street and Pacific highway South (SR 99) Intersection Improvement Intersection Operations Enhurtcentettl,.,'' I DESCRTPTIONl Add westbound dual left Auin lanes. Add eastbound right turn pocket. Modify signal phasing. , i gi $ PROJECT COST: Preliminary� Engineering 100,000 Right of Way Acgws Ilan ,. .. 9 2S0 000 , CoiLstruction j,�„ $90(k000 x i T 0TAI:,.. .......... $1,M),000 FUNDINC St3IJRCE(S} .`. City,,o Kent JUSTiF1CATION: S 26W" Street provides cre of the few direct ce mnections betwecii the Pacific llighway otridor and the downtown City Core. South 260th is a MUltimbdal coizidor which acconurrodates vehicles, pedestrians, bicyclists and bus traffic. As the IVlidway area redevelops into a more t innwicial/residential mixed-use zone, the traffic connections to the Military Road neighborhood and connections to the valley retail and civic, center "need to be updated to highest effi6ency. 'Phis irrfersection i1wrovetnomt reduces fituic westbound vehicle queuing and congestion of over 500 vehicles per hour and improves the rntersectiorr_ delay from 180 seconds per vehicle (3 minutes) to approximatoly 87 seconds per vehicle in the PM Peak Period. C Ali wr,j Air Q4g,"'14 i,flu O •9'Ar l t+151zi A,! le Sit,:zrml l f�IcraSi-a,n ttlC 6 n v f,lw, :ul,isdor; i �efl—kteu,€ii sHaD dt '§l slc;i, eed,..v3 rrns,1.4Ulneafss*e t d 31G� d E, 1p ➢trnPj,11 S hArWp' at .i,W-,poZS,ntsi vt,mr ji c cico rll;LID tons')pro,ens,oro Dkij'i; n4"lI`&r—public'svrrrprs i S.,u,i'iud Ionf lS+fxl j, :Ls -SlU asa HrAn"P ?i> sua P^rn�;r, �,'cr;,,r'aR], sr#e �rtes�ap� P.,i3na 1`Tgo ,sill at roz,u "ii+ftcI 30 CITY OF NT` SIX YEAR TRANSPORTATION ION IMPROVEMENT PROGRAM YEAR: 2019 PROM CT#30: SE 256rt' Street and 1041"Avenue SE (S1R 515/Benson ITighway) Intersection Improvement Intersection Operations Enhancement i IDESCRIPTION: Add northbound right h R01, Modify sigiv phasing. i PROJECT COST: Preliminary hugineennp $ ,0oo '.a Right:of Way Acgt I$Won ....... $150,000 f Construction $22` 0 T'OT'AL..... ..,:'o ...,... FUNDING SOURCE(S) City of#Kent f" i PROM C T 3USTIFICATION: At the cotnfl4€nce of two state highways (SR 516 and SR 515) this °intct�I rtion Ajae iences congestion during most times of the day. Approoiiriately 33000 daily vehicle trips are 'traveling east/west on SR_ ' 516 (ICent'Kangley) where it meets SE 25611' Street and 100 Avenue SE at what is commonly known as the Rent Kangley"Y". 'ro help facilitate nolthbou nd movement at this intersection, this project wilt provide a dedicated right tarn lane for traffie flowing eastbound. This project also provides some signal improvements (upgrades) to allow changes to tine signal timing and phasing at this in%ersectiorn. The combined improvements are estimated to reduce delay on the northbound segment from 156 seconds per vehicle to 86 seconds bier vehicle in the peals period. i C tin sir»h«ic�i tiSct:�It.'iG—der{cfEip,•Eis tlr.ns,ans3rn�r� .•,yt�nss t FeEieralI;6133 €,...�l l�a��.eovea�rFeir z;b n . rT,,I t'. .Public Ww,Ls e;tFund Ix r.i Yu,j.ST9,—S461 MU I IAIMMIA r f m;M"Y111 JVM;,eAlP 6 art 31 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR. 2019 � PROJECT #31: South 2121" Street and 84th Avenue Sq r Intersection Improvement Inter,veelion Operations Enhancement.:.; DESCRIPTION: Extend eastbound left turn lane and add noxlhbound and southbound dual ign left turn lanes. Modify sal phasing. PROJECT COST: Preliminary Eggmeering ... 130 000 Right of Way V tagtfisitton......... $420,000 C OnStrUCtlon .. $1 nlY" 00 TQT AL ..... $19800,000 FUNDING SOURCE(S): City 7f-Kent PROJ1 ECT JUSTIFICJA'TION� This vlrersection experiences congestion dming most times of the day. Both roads are'Principal Arterials and each carries over 25,000 vehicle trips per day. The demand on both of these roads is expected to grow in th< next-�decade as growth in both freight movernent and residential developny'ot in Kent's valley continues to develop. `Phis l�srojec( also provideg §one signal improvements (upgrades) to allow ehanges to the sig ai timing and phasing of this intersection. The improvements would reducc congestion because of heavy demand for left Urrn movemcnts. It. is anticipated that the;sc, irrhsoverniet,ts could reduuc the in'terscetion delay to as little as 47 seconds per vehicle. f,r41's�— n sftois r43ne'rtinoi a;Id A It +'[laIi;.y IN r ( l[.. I'll` r 6 a 63 StA 0 li,.`YEvIItc'T, . P,a.rr6-St rr(t Cit ,I Cnirz<3rrI 1 i,lti2'.'—" +�P,;3F H.obYiRii �?€�al�i2 rnri.i�xd'trf Rtat :!I`seRzej,? 3 r,dgeul I r3r.�rArtwid ir.irm zoo ttl f i�,Irma flPar.'tt� i 6 [,ia.sti n I <.d ,II[.t G -6.x..I1ig;..rut f r.n.e€ror S.y. mt- ll cdcra8]y I h8 f ttitnoc2Y eea1 Vi 4rr.r p 8{'F'i'. p u€vL,t%s;rb. d rrrtr 3'�ri rfir,a 1,4t'Ie ol: 'Tw hirrt;itTFif'It.irctt 4til uii;t7 [Rc@.r:ti1: (Pi: @iAri It hr:per IT,i r i Enna rtt!]thieI 32 CITY OF KENT SIX YEAR TRANSPORTAI`ION IMPROVEMENT PROGRAM YEAR: 2019 PROJECT #32: Meeker Street and Washington Avenvgjnterseetion improvement Intersection Operations Enhanccnzent . >° DESCRIPTION: Add eastbound and westbouud right turn "ekets. Extend left turn storage pockets. Modify signal phitg. i PROJECT COST: Preliminary Engineering ...$W,000 Right of Way Acquisition ... ` 50,000 Constraction .... %850,000 TOTAI...... :. ...$96(;600 I Ii UNDINC SOURCE (S): City:of Kent PROJECT I' i JUSTIFICATION., This is one of the btreiest intersections in the City. Washington Avenue 81) i3'a Principal Arterial and Meeker Street is a Minor Arterial, Was"Wton Avenue carries about 205,000 vehicle trips per day and Meeker carries about 16,000 vehicle trips per day at this location. Much of the vehicle volume on Washington Avenge is truck trips headed for the regionaf%ighways and the Ports of Seattle acid "l'acoma. At the same. titnne, inttrial automobile, bicycle, and pedestrian traffic between the west side ofKont and the Downtmvo City, Center needs to main-'river through this busy irntersection. These improvements will have the greatest effect on improving the efficiency of that casi/west movement. It is anticipated that these improvements could reduce the intersection delay to as little as `i"r seconds per vehicle. tM1 4ip- tio, ;esiltm 3&tti' xttm,Rind An .Ji,ft (i ttuatJ;tlA Futig h t AvOonstrt4r*, 7oeLmi.U-`7e al(le-PaeoeI,e t fn'noo' f sraRi' S }t M0143 s f &9 e m.t�.[3t a Ce'C,I PA di, i it ?dmh n t i.€itm &liiti BrA ar'[€ €.Es anatu t j1(dVrfllj; 14 bo,pine¢t e in"Pt3r1 ti;f i tt,Semn t3 comi'jt I W t v aE Di to.ct !,') rF 9 nfiiir Ot'oi is d tae[p'uld iofm Swd; �4"— h w1i'r,r tiaqe.dtz d3dion fit,rsz „aE mtpowd18tata] j 33 CITY OF DENT SIB: YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2019 PROJECT #33: South 272oi1 Street and Military Road l<l"tersectiou Improvement Intersection Operations Fnhancernent�,m' I DESCRIPTION: Add a southbound through lanQ at the innte'xsection. Modify signal phasing. i PROJECT COST: Preliminary Engineering , .......$20,000 Right ofWaV �ginisrtnon ,,,, tt, t...$0 Construction ......... 240.000 TOTAL...., FUNDING SOURCF;(S) C rty'',#f Kent PROJECT JUSTIFICATION- ate increased developaawn on the Kent West bill combined with the lack of alternative north/sb th arterials places significant local congestion on Military Roxlel, Oil those occasions vAien the Mate highway Systoln (1-5 andlor State Canute 99, aka Pacific Highway South,) breaks down, Military Road becomes the alternative of choice for regional diversion tra(lic, This project reduces existing and E'ulu e southbound congestion, i ai�uugnd tra 41(htiifW td dUPooll1, I""1 r_11401.ttna0 ,ta,l Ler, n Y>vr"fl- C411e imcull'.)1-1'I idmZ 4cPSlis a,€a,I,a is roffAiiy n[€„i"Ins.,tmfv€& I y d ISioteI,k1 + -I,if,7 1rarf,ij1 nsi as„n jitd .fl�•@f9S ale-nrd i vnsat t i C avtij,�a krl s`6rEcIft 9 is rtsportuon stc;ar. I"€d o';fII: a,lA 1 r,,..I rtuys IIs Iidt tj1VPF tublic';vw 4v cussVjmdra.anIS>sI,I,S1P—Rw ra" 'I.;nsix,r i[ '3.,a ndram 1 Fc6,t aii;. IY . IIi"]"1a Il,ii ,IA .... sna n4 F'lw d JSlafet 34 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 - 2019 PROJECT#34: Street Preservation Program Ongoing Cilylvklc Program DESCRIPTION: Projects that maintain bine existing` trat6ortation system by overlaying, rehabilitating, and reeoni'structing the existing; _asphalt and concrete streets throughout the City. PROJECT COST: Preliminary Engineermg .$4 000 000 Right:x4.Way Acquisition Ct nstructain 56,OtitYy100 TdBTAh...,. .. --$60,000,000 FUNI}, SOURCK(S) City of Kent I PROJECT JUSTIFICATION: The C rty.�qsscssed the condition of its street network in 2011. It was found that »rang of. tho streets exhibit deficiencies that reflect they are beyond tlneh° expected#„rfbrrri;:nce lif4: and in weer; of a maintenance or reliahililation overlay, or some' amount of reconstruction. Moreover, historically, the amount. of pavement resurfacing, rehabilitation, eoid reconstruction monies the City has budgeted cacti year has been insuffic iont to address the deficiencics of its, street network, Insufficient budgets to Perform this ne< rssary warty _results in more expensive maintenance and rehabilitation options, t4l=^�}- COJ ge511il3A Yoliir-tA1:,AYtd t4Ba,i i:ge Jt ,{eL1�,r, .`,9 if,f±lpf,� PI4L I,11 to, rr4fCHl et'Me WII'vw[e€urfi'ft' t;P .€t, "viMmlif ,itate?u an+e,U,..,aIe a I,Iaiej,.IT iA w L:e;, n,,,n,>.I Adwi,aIiA radim,Ir e e,r,t,.o-d.i soh-<�et9 r fiwi Aoii lt,.d,,Al,iI , Sara r_f€i�.se is eogpocb 0f) tiy'SIm3 lFede;ntt:a Ph; 3.or tI lh'pr� u?i,taru:;F'W t'F F n,thv 44fwk[ 1,„ap grpia d a oll" I`"+1¢i't,4(k —i§[n P.0 7takaspm,3 NOWT V ronr.IT It, ae o'A iy t [s rt anu3,,�r l.i Eam€:tnpt + .aai Motud 1St3etc1 i 35 CITY OF KENT SIX YEAR TRANSPORTATION ION IMPROVEMENT PROGRAM i YEAR: 2014 - 2019 i PROJECT #35: Residential Traffic Calming Program Ongoing Citywide Program DESCRIPTION: This project will develop and implement residential traffic calming throughout the City on a priority basis as furtiliiig allows I Engineering ........; $750:bo0 PROJECT COST: Preliminary Right of Way �gUisition........ ........ Construction ... ......... $105q"o TOTAL..... .` �1,800,00 FUNDING SOURCES) City:0-Kent PROJECT JUSTIFICATTONF Theprografia,was originally established in 1999 to address traffic concerns on residential :treets. The City Council recently adopted a revised `fraff7c Calming Program in order to make informed, systematic decisions about actions 10 correct those concerns, There has been a substantial increase in requests to the City for inslallat`gI n of physical devices within the last couple of years that resulted in a s gra£eai1t'mcmase in the number of speed and volume studies acid required numerous public meetings, 'Phis program will allow for adequate traffic studies to heep up with the increased demand, support slat!'resources to perform the studies and vl=ork with residents toward resolving traffic conccrns, and fiord the purl base, installation and constinction of physical devices fnr res'idemial traffic calming. t.aasp_ sotF .:Es��c;°H[f�a tics ttQaS k�. ey�n�l:4y,I. dri.�SJ.�i as F 9„•i�,hF.,otw r;, rn€et>q 1� p; r„,:l.4- nrp snsro er;orri�'er; 4i4?S7P3- .p o2ht%iobdnv AE;aZeAk Iin e'OuVO" rA „tat(i,} €} It (17'd rtn'a[ice��9 ?mile'jii <r II.'k,"i1, 1 is ln dlipe 'i rs l q'kx nips i Srsteeo Ci r 1 aYL z-6t. .,rra @nq Jsuuidl D ioaY, i'VY i i,-ir0fie tror;.s "4eir,t Fo-cu.l4 n,r' iiatr1 yU Sill .I' :-rsEsp,,, IgHml r't o2r.mu muoy,iuit'io ti eld Waal tt 1ti1a10I 36 CITY OF KENT' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM VFA.R: 2014 -2019 PROJECT #36: Traffic Signal Management Programs Ongoing Citywide Program i DESCRIPTION: This program will analyze interseations:for potential installation of traffic signals or other traffic control to insure safe and ellicient use of the existing and planned transportation network Anly'Sis of turn movements and collision history will be used to prioritize new trafa Signal installation's. PROJECT COST: Preliminary eering........:t. ,..$600,000 Right of Way Acquisition........ ........$0 Construction $3,600,000 TOTAL..... 'w�.9,200,0019 :a: FUNDING SGIJRCF(S : City(xf=Kent PROJ�E,CT JUSTIFICATIC91'sd: Historically the City justifies the need for two new traffic signals per year to meet safety an([ mobility needs. This program budgets for projects needed to meet the`increasing>s'demand for signalized intersection control and the constant need f0ftifllic counts to monitor vehicle volumes and behavior. It also supports the replaecei rent of old, outdated traffic signal equipment at currently signalized intrrrcctio'ns, The priorities for traffic signals will be set by transportation system signal warrant studios which include studies of volumes, collision hisi.ory, pedestrian mobility needs, and roadway geometry. This program also hcips the City maintain level of service standa_rdq necessary to nraini,ain concurrence as required by the Grov,th Mauagensent Act. %IA Q o rM,on'�I o-t,;6awl u.l SFr r 4t. E eY raI u-i I I idkWA hoi eVatept for r ,oi i.,...f Pf ail ISN u- u aA ➢,do-d r ,.o- o-a 'ida,h ,I,ergw,IF,<i .a(a r&i.'v tra.aui .IIo-roiwr io (n o-,6,vats,ti , .r1r -m';k tear'ovemcm Di l l°PW IF Public Wl"-&s &-usr 6-Elfin r on (`Tto-o-;1„el' -ZsIwbr;I esnsro t,dw;Peo„r:im Ir,u.r2r):1 o-r tr:urstt ivion Jolprov,mot Holy !'Aair1 i 37 CITY GP KENTT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2014 - 2019 PROJECT 437: Miscellaneous Intersections Improvements Ongoing Citywide Program DESCRIPTION: Improve miscellaneous interseptiorts Within the City to accommodate future traffic volumes. Provides fctt, improvemeits to the operational efficiency of the roadway system includirig�r- echanneliration signing, signal coordination ,:priority, Inteiligen transportation Systems, signal programs, transit signa upgrades such as protective/permissive phasing and LED signal indications upgrades. i PROJECT COST: Preliminary Fngmedtlittg ,........ 5,000 Right of Way Acgtisition i W$Iriiction ....$255,000 TOTAL..,,o: $304 6{6(I I+UNDIlNCa 56 T tC1 (S} City;,,of ICerit PROJECT JUSTII+IC"ATION. The IYausportationMaster Plan identified several intersections that will nccd to he irnI to acconrmodctte Future traffic volumes. These intersections are spread th, ghout the City and are not included as separate projects will-d ) this Ci-Year`TIP. Increasing the capacity and efficiency of the existing roadway systesm�through operational irnprovcIncuts is a very cost effective element of the trap pcirtation program. i COAQ -n"n;,e_kFi rf iV7s.Ft,RcUv 3ns3 An I,.a1.xnlf9�-�. " Lreagis3 s€ ur @r iQ6`g} jnr ttef u F iB i:�I83—zv ea„hs IFBer[7ilrt .its aPi'-2uveslnseu:nd . u[:d vjC fi € 4 5 tiri,-vi € .ens.( lain* tsi 'rtusiv[1 r a,a.€t W` f 9.i..tt'3 �1 aaiineii.z a is; tertiJ,q9w Irtel bg rt 11,dxs;ru3 i m.rsr 4i,c_xr r,j.'tM MI;NO g,nil Ikon (,l cmrnt Ills or c, V'k I i, W.b N& ;ir:r?+rrFian tzuaimC¢nr.tscIic=isrAII; IIT—'Pennsp'wliiIwli B mp!m"foz6,f Wiii et '-'i iI 38 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 - 2019 PROJECT #38: Comprehensive Plan Update Ongoing Ci",ide ProgTarn DESCRIPTION: This project consists of an update of the"lransportation Element of the City's Comprehensive Plan and the Transportation Master Plan including near-teem and long range planning of the C.tiv's: tra i p_ortation system needs. Project costs include consultant contracts'" for transportation planning, concurrency management, public mvolvenlent, travel denrla0 and traffic operations modeling and analysis of potential financing strategies-to-construct, operate and maintain the City's transportation Aolwork. The project includes staff resources, hardware and software to analyze itil e and monitor the transportation network. PROJECT COST: Preliminary F J inecrm $450 000 Right of Way Acquisition-,..... ....... .......$0 Construction ....,�'' FUNDING SOURCE (S): City of Kent PIfC),IEC,T JUSTIFICATION: ,The C:ty'=ai2008 Traospoftat on Master Plan identified the City's transportation sygle:n ne ds out to f1k year 2030 but was based on the City's 2004 Comprehensive Plan. This project will support the City's 2014-2015 Comprehensive Plan Update by incorporating the City's updated household and jobs forcoms, into future transportation demand model forecast scenarios and develop possible transportation alternatives to accommodate the new, growth 7 Projections" he Cify must be in compliance with all stag✓, county and regional policies in order to be eligible to apply for corilpetitive grants. The City el[deallears to maxinn.ize transportation cfticiency, investigate methods of measuring coticurrency that incol:p0latc all modes of travel; better reflects the ways our Community is changing, engages the connimAr iy irr discussions about futtsc transportation inves'Unents, and investigates various ways of funding cur future teanspo tation needs, i r?Oio, i,xte3o ¢f, [xrse in..e¢a ile iavml s ur-i;i+i3. l i.4 FA,,�dlnl ,ii " n i"imni€ooni eG' ani� fii3 &taznad `Anfeir.aP rn �1,edc all, e o kidli Sy,d,,m,, LID A mr 0 Brae..*,we,u Di,irief;I tfr'S F n valtcV"A', '. Sav ;f F'v iai i�u rrnnal;mt rer iq{rre IN,, raid:. 3 YI ikion Butpen .n rt;:as!€ .F,l tavel 39 CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 -2019 PROJECT P39: Ch.annelization (Street Markings) Improvement Program Ongoing Citywide Program DESCRIPTION: Provide street marking projects thronghout the City to separate and regulate conflicting movements, define paths af;travel, and facilitate safe and orderly movement on City Streets. PROJECT COST: Preliminary Engincering .......; (7;000 Right of Way Acquis}taon........ .......$0 Construction ' ` TA ,�g+ ,.., ..SG9Q..q��r1 A$,P' .L .,. is ,.,.. ,. 9FPV� '. FUNDING SOURCE(S): City of Kent PROJECT aintains and updates The eharrnelization throughout the JUSTIFICATION: This ongoing program m � City. The City 1sas 1,648,8 73 hncar feei (LF) of channalizatiorl striking, 445,300 raised pavement m�rlungs, 22,012 LF of C curb ar)d 7,179 LF of painted C curb. Channclization helps to limit contlict points and directs motorists through areas Of complexity. These markings are also used to delineate left Win storage queue '11.reas and (teceler•ation areas li)r 601t fill-,ing vehicles. This project pt, scrves the capacity and efficiency of the existing roadv✓ay system. l t,'„j—r >�te non iYi ¢ aE+3� A .3 aAinalit, `idea€,:had' Ail , ,n ,+.gio,p+ca S e84:Nfk- z np€i Mo'bifih 'wgi". wNI'm"fl Bo d i 4,;wj.i i A .Wl,ral m;l h,hmn ,,+w J4,,�[. d�° @tI",R �t.iv2od 6 f.,u nR i,rer I R vd,"al],a['ts I11i01ige 7YaeYts or9,,.w.,s,a�,3a I Fedee1I1;7._l€ a "wf lmpe E"w,at li€Sk tc! :z ':° v t'. P[Na •'LmJ, lint'„o0 lee.erI„nmI, ;I'-SuIN,. 4„ripen; ,Iiwf P-(,gp r, I],odz,MIS Tj i� y k F,fl hp 01 061a)rrtparo. NY Es(slci ' 40 CITY OF KENT SIX YEAR TRANSPORTATION NSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 - 2.019 PROJECT 440: Bicycle System Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes as identified in the Nonmotorized Chapter (Chapter '6) of the adopted 2008 Transportation Master Plan (TD4P) and the hill 200?) onmotorrrec sub-plan. Bicycle lanes are usually j part of individual street ttriprovement projects and each of those projects would be itemized individually. The costs of the bike lanes added to TMP Street projects, estimated at approximately 49 000,0.00 in 2007 dollars, are not reflected here. This project is,for shared lane Iitrjjnhg and signing, thatching grant dollars for filling in bike lane gaps, and for the extension of the shared-use path network. PROJECT COST: Preliminary Engineering ! .. .. 000 i Right of fty Acquisition .$75r000 " 'Const uctioh ......... .....$734,600 ....$905,000 &1JND!9I 861 RCE�S) C #y_ofKerit JUSTIF'1C/i'3 ON: the 2008 Transpoi6tion Master Plan and the 2007 Nonmotorired System Study proposed urnetwork of shared lane routes on 'transportation corridors throughout the city t elp connect the bicycle, system. Lane markings and sign postings can iniorrn mer'torists and cyclists of those corridors best suited for significant bike use, These shared-lane facilitics, can provide critical linkages to major cycling activity centers and comicedons to the shared use path systems. The city has a priodti,'ed list of projects for bike lanes, sparrows, and shared use pafhs. Tiris project can help achieve the City',; goals for improving mobility, -reducing � vehicle trips, increasing physical exercise, and improving t�ansporlwion connectedness. ('"JAQ ( )I gemina hf FP.e{CQP}L91iJ h jlE,hl,Y P 4 lcr;01r r''ASt 1 t'i'ht A flu"Sllal' 4a �fiCul f.t 1,'nOr}'15'; i �104}p; [gXnhrWy M'-Magic wt c.,,,u to f t Iz';Wcl.F 4 , S ef4z;i . €imiw'@i'm I 3c:aI I,BI Vn# IR OTl itw..r ie.rm a1];1_ria 1oc3lhnj 'rent fI'DW. s. h'CYI'V PupaeI'Vm-' €r io'i d r m["hr I'"i'i'-.fSutb es'G':''m4yo i rbnrr Pro,rEta i. C @$ i rt hai pi o,r r r zr;t;nai ; �4yrp� '� 41 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR; 2014 - 2019 PROJECT H41: Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program j OngoingCityivide Program DESCRIPTION: Systematically construct new sidewalks throughout the City as identified by prioritized project lists in the 2008 'rah ortation Master Plan. Reconstruct and repair existing sidewalks and curb ramjns and install new truncated domes and hard-surfaced sidewalks to rtli}5lement the re4nirements of the Federal Americans with Disabilities Act (ADA)' consistent with tl* findirigs of the Nonmotorized Chapter(Chapter 6) of the 2008 Transportation Maste Plan, PROJECT COST: Preliminary Engineering ........ 5�10000 g y ct l ,000 Fight of Way ur Ac strJon .... '$�50 Construction $2,254000 T ,TAL_... .......: FUNDING SOURCP(a): City Kent PROJECT JUSTIFICATIONv,.- This project is mandated bOTTitle II of the Americans with Disabilities Act. Title 11 requires,that a puyhuePtttvinust evaluate its services, programs, policies, and p'actipcs 'to determine whether they are in compliance with the; nondi-v,rimination requirements of the ADA_. The ADA requires that an .ADA TransidoYl Plan be prepared to describe any structural or physical changes required tr`make programs accessible. The City has conducted a self-evaluation and prepared a 'Transition Plan including a prioritized list of projects to bring ' itself into compliance with (lie Federal ADA regulations. This program begins wor6itlp' on that list of projects to construct and repair the City's sidewalk and street/sidewalk transition zones Stir accessibility for all users Find begins to address the pedestrian improwraents identified in the. Transportation Master Plan. This project t3ait help achieve the Ci y''s goals for improving mobility, reducing vehicle oipii increasing physical activity, and improving transportation connectedness, F -its- u ,sunn f M;"I,(if)J fmd 't u,k)lmp Y (l c.ret alI; FA sC 1 tvL x Yr n Wiwke, tot k tFreff-°E sr f rce. #w i ki,n'; E ...,HS- a t .„III r N lr iih, ,ArI. eEi,ac,s,tilmd hoard gat Eej,b E i k e7crii i t„rzsu Oil t rfkt lw; n t(_dvest t LI, 3br a=d t Pc uirxrt En+t] t,t.rail,b.S I0,Mg. , UurlIE;6.n. i,wvl11 ntgt,eleanr.'nt swlkl:r ,V fg, Pu€li2 1471tlaa 1 vast ht,d barns lSdzL 1 . e P fiea€.. . P t'in,p77'r[ .,,.at[t-tt,r;mt 11 tir;atl: r W i vftw ,tw,HHots h npt o"melit..oa rai (Siakel 42 CITY GE DENT SIX YEAR TRANSPORTATION I1VII'ROVEMENT PROGRAM YEAR: 2014 - 2019 PROJECT #42: Guardrail and Safety improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardr'ai1 improve:neuts..,each year to enhance motorist � safety, Candidate prolects1helude Frager Road; H 240°i/t48"' Avenue Southeast hillside, Lake Fenwick Road north or S 272n" Street:and 100ts Avenue Southeast. Upgrade existing guardrail end treatments as mandated by State and Federal regulations. PROJECT COST: � elimiriaryl ngiueermg $20000 F Right of Waylcquisitrort ,;... ...........$0 "on5tructio` ......$160,000 TOTAL'6.' »P S180,000 FUNDING SOIT !,CF;(S): City oMent, IlES PROJECT JUSTII+ICA'1 TOM fuis project is mandated by compliance wi(b Federal and State regulation ; and the requirement to cli ni hate potentially ha/.ardous roadway conditions. t.Y E,3(p_ anw 43,dmP.t fr, fii_xr ar=.w r#ir rYut+li i;} �1� arai) Pfa„B I, =E�'€t,ream rrota'aPrg, S,. aauE etd d..it,lt 5' .er , C_r.riuue; i nLiNii- R=raghi lt(ri,u of �.! fvt=ie€ p r,�ecscr'?*r„ r'�°ta'ai. . � - .darn . ,,.f.Jrar ;Praifr.,e i'„unP],rx1 s' ,3 rciF-u asori€;�t 9 I4. d 11"I i<n, e d 1nli'pbl tlaim,„)4 em .t td.rnk],LID Lott i Wtr su,tW'tit"ili,i+ry E PIVFn n jk "t1'er:" I east jl 6,i1 r r ase hillII f V Ya ki�.tf v , !P,L';5o�f.tiftn 4 u.�r r i �A'ed,rai1; i 49, TracrspnviArta lmp' er.'.nf t;os[ 1 i 43 CI`➢'Y GF KENT I SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 - 2019 PROJECT #43: Community Based Circulating Shuttles Ongoing 01jivide Programs DESCRIP'T'ION: Continue to provide enhanced ttan,540rtice to meet the needs of the community through the use of fixed-route shuttle.svice, with demand-responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, Regional Justice Center, Kent City Hall, Greer River Community College's Kent campus, and local shopping and medical facilities. The Rctfk�913 shuttle connects the City's manufacturing/industrial deiiter with the regional""i7us and commuter train services at the Kent Transit Center. PROJECT COST: Preliminary Engt ering ,, ..........$60 000 Implementation ,.$930,000 ' OIAI..... 't $99Ui0(10 I+IIllI5IP�1C S4JllIbt�E(S) Cite of Kent, CMAC , Bing County, ITS PROJECT JUS'IIP'ICA"h' ON: Routes p14/916 provide mobility and independence to many of the eity's seniors and zcduGo the need for expensive ACCESS service for many wheelchair-lift service tfiPs. Community circulating shuttles encowrage the participation of all ages nil= economic groups, all physical abilities, and virtually all of our ctlnrtrrtmzf 7 in evcr3'day civic life without the isolation and pollution of the autonrubile for every trip. Commuter shutdcs enhance the regional transit/tr•airr service by providing the vital link Coal home or work to the Traiesit (,enter, eareot agitrg people to travel without their personal verucks thus avoidillp the cold-start impacts to air quality and reducing congestion on toe al streets. i C)Ml)—C xn.afitur ix5,t Gilt.x;;u is Q7Fo�itifyt�eti.utt); QiA`sffi KZE.,uhfh tzi� rL.�Ft7;e�. G,grglg-> i��. F..,caat»gym ".:3nrg 6i6EE;S—f i�+P Pa,tin , r,.nn;ic tiv<< € 3anf�i lf31�4[�iej,Jfi3 Es,7„-r;ai Ci .n'aP;�r_�=e <<tiarh(iun lErE .tf� 9�;A5 „�s�r.t I 'I f a7r die � ) s 39t,I P €at#1 as u! G r }r,,!s i�a ie�irs I td a L� S.fl�7 +v� i icrE�ac ar cii d41,e in B Yi 3 ;- f ukdu -r'crs .ta.(Rxnr,i 6. .,l.tat�3 .,t1 nEarlat J��i,pari6�is n@ . �n�rr t4cx ,e1�. (tk ur 3ts;;t�i�at,oy.£tatrasu •r,f'.$3U�4t is_� 44 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 - 2019 PROJECT #44; Railroad Quiet Zone for Downtown>Clrhan Center Ongoing Cil g g Yrvide r .Pro gram I DESCRIPTION: Establishment of a railroad quiet zone,-,::for the Burlington Northern Santa Pe Railway (BNSF) hacks and„,tll iTnion Pacific Railroad (UPRR) tracks through the City of Kent. The grad��,'' rossings to be included in the quiet zone on the BNSF railroad mainlin S 259rs Sheet,CiWillis Street, Titus Street, Gowe Street, Meeker Street it, Sheet, James Street, and S 212`" Street. The grade crossings included in the ri et zone fqr the LIP RR "mtthiline tracks are; Willis Street (SR 516), W it Street, W ecker Street, W- James Street, S 228" Street, and S 2iY';Street. f; 11ROTFCT COST. Preliminary Engtneenng , . ......$3,500_,000 Right of.Way Acquisition $0 .> $0 , Con}stJ♦upctia Qy TOTAL. a..e.eee..„DJg ®®yl➢V qP i+UNDMOURCI# (S): City UfKent; FO eral Rail Administration, PHWA PROJECT JUSTWICA7TON. Locomotrs;e.;engincers begin sounding the trail-mounted horn approximately 1/4 mile f-om the intersection of a highway/railroad crossing. This warning device is an eflecof e deterrent to accidents at grade crossings but exposes the local comntuMY to Significant levels of noise that often deprecates the quality of life for those livilig closest to the railroad facilitic,s. 1 nP,i,t- to3 , siiin� & ra„?nt�i as5it.4 . tmtta3liy�.�L.ni��i`-5 I „�„,P�i.'�cY�ca�t.atrgv „3„ Earnri tf9le-racman n'nrv`i<4cer; � # tCl'Ell [t E6�oin'towl (I wei'I I &¢WI k's wl r is „03P a o,4ti ik`mIe 13i t ralJ 1,111 B EwaI Imt, oplfl DI 0r flI b rT F��b7�c 14`o�f�s li , ; s O v w � x O O O L O L W ca CL j 11 WIN M P f a 4 i t: ti y. 4 n - CI 3 y A4 y � L t.,� ✓ 7 a O U 5 •rVn � e t o This page intentionally left blank. CITY OF KENT WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2014 — 2019 Klomw '1L N pqrw WA S H I N G T 0 N For more information or additional copies of this document contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 smullen@kentwa.gov This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A — 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through 0. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of June 4, 2013 and approval of minutes of the workshop and regular Council meeting of May 21, 2013. 7B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 15, after auditing by the Operations Committee on June 4, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/13 Wire Transfers 5467-5486 $1,915,421.24 5/15/13 Regular Checks 673018-673372 1,080,355.24 5/15/13 Use Tax Payable 2,715.34 $2,998,491.82 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2013: Date Check Numbers Amount 5/20/13 Checks 331631-331833 $ 102,834.46 5/20/13 Advices 313934-314564 1,237,241.83 $1,340,076.29 This page intentionally left blank. KENT Kent City Council Workshop May 21, 2013 The meeting was called to order at 5:06 p.m. by Council President Higgins. Councilmembers present: Higgins, Thomas, Perry, Ralph, Boyce, and Albertson. Council President Higgins discussed the addition of three items to the agenda. School Speed Zone Traffic Safety Cameras. Assistant City Attorney Pat Fitzpatrick noted that the two items he is discussing are on the Consent Calendar as Items I and J. He discussed traffic and the results of a study done in the school zone areas within the City and noted that the school district supports the program. He explained how the system works and that a commissioned Kent police officer would be reviewing all of the recordings and issuing citations where appropriate. Councilmember Ralph verified with Mr. Fitzpatrick that if the infraction fees aren't paid, the registered owner will not be able to renew their vehicle registration. Council President Higgins confirmed that Sunrise and Neely O'Brien elementary schools have been chosen as the locations to install the traffic cameras because of their high rate of infractions. He also confirmed that based on the cost-benefit analysis, the revenues from the infractions will be enough to cover overtime of the officer who will be working the program. Councilmember Perry confirmed with Mr. Fitzpatrick that the City added certain items to the contract to protect the City, such as if the collected infractions don't equal the amount of the contract, the amount is rolled over to the next month. Additionally, if the amount continues to grow over a certain amount of months, the City can cancel the contract. He added that the City also has the right to move the cameras if needed. He also stated that if there is a court ruling that nullifies the use of video cameras, the City can opt out of the contract. He also noted that the vendor owns the cameras and if they are broken or vandalized he will replace them free of charge to the City. Councilmember Albertson questioned what is recorded and Mr. Fitzpatrick communicated that the system is only operating when the yellow lights are flashing and a vehicle is speeding through the zone. That, he said, is when the system records that vehicles' license plate. Mr. Fitzpatrick noted that there is a 30-day grace period from the time the system is installed before the City can issue any citations. During that period, he communicated that only warning letters will be issued to violators. He added that any positive revenues are only to be used for the program first, then towards traffic or criminal offenses and that the fines are $124 for 5 to 9 miles over the speed limit and $248 for 10 miles or more over. B&O Tax Update. Ben Wolters, Economic and Community Development Director discussed B&O taxes and how they affect third-party warehouses. He noted that these warehouses store items for other entities. 1 Kent City Council Workshop Minutes May 21, 2013 Robert Nachlinger introduced the City's B&O Tax auditors, Sonjia Barker, CPA, and Laura Schell. Ms. Barker discussed the background of the City's B&O Tax. She presented the City collections as of the 1st Quarter of 2013 which is $614,717. Ms. Schell discussed the interactive tax returns and how the City businesses pay their B&O taxes. Ms. Schell continued and highlighted the upcoming events concerning B&O processing. She communicated that there is a wealth of information on the City's website concerning B&O taxes. Councilmember Thomas questioned and discussed the amount of returns. Council President Higgins asked what the additional burden for businesses to have to fill out the city of Kent forms. David Galazin, Assistant City Attorney replied that the process of filling out the forms in Kent is pretty similar, but there are differences. Council President Higgins noted that there have been complaints about the City's forms and Mr. Galazin listened and responded briefly. Council President Higgins inquired if there will be any modification of the forms in the future if there are any significant issues or effective revisions in the future. Mr. Galazin replied that they are open to revisions if there are items that don't need to be there or inconsistencies. Robert Goehring, City Auditor, replied that there is a web address and area for businesses that can supply input. He noted that the City is somewhat constrained in some of the reporting documents but the CIty tries to make it user friendly. Council President Higgins noted that the 1st Quarter B&O Tax Activity form is good and requested to see it at every quarterly meeting. Councilmember Ralph inquired if there is a form that goes out to remind taxpayers that their payment is due. Mr. Goring stated that that is in the works with the IT Department and should be done in the second quarter. Councilmember Perry inquired if there is a way that non-compliance numbers can be reported to the Council. She said it would be nice to know where the City is when it comes to those who aren't paying their B&O taxes. Mr. Goring explained the "outreach" effort that was undertaken concerning the B&O taxes. Tom Dooley, Chief Executive Officer, Principled Solutions, noted that his firm owns four warehouses in Kent and has been here since 1975. He communicated that they only are storing items for other firms. He noted that his firm is paying 50-60 percent more than the funds given to the State. Councilmember Albertson verified that his business is making $737,000 in gross revenues per month. 2 Kent City Council Workshop Minutes May 21, 2013 Councilmember Perry inquired if FedEx is a third party warehouse and Mr. Wolters communicated that they aren't. Ms. Barker communicated that FedEx is defined as a freight company, not as a third party warehouse. Mr. Dooley explained that his business has a full inventory of products stored by a company. He noted that the items are placed into their inventory. Councilmember Ralph inquired about traffic and how many trips get taken into his warehouses and Mr. Dooley communicated that he doesn't have a definitive answer. Council President Higgins noted that this was set up to take care of the roads in the warehouse area. He stated the square footage tax was an attempt to take care of the damage due to truck traffic. Councilmember Albertson stated that the roads in the valley are wet and damage easy. She noted that the Kent warehouse district is the fourth largest in the country and she isn't seeing the millions of dollars coming in that the Council thought would come in to take care of the roads in that area. She said she would encourage the Council to continue to collect information and address it in a comprehensive package when the time is right and that she isn't comfortable adjusting anything at this time. Councilmember Boyce communicated that the City won't know how things are going until a full year has gone by. He said the City will have a better idea of how this will look in December. Councilmember Perry communicated that she doesn't have an issue looking at this. She noted that if the goal is $5 million and rates should get reviewed and possibly raised if that amount isn't attained. She added that she isn't comfortable with the definition of third-party warehouse. Public Facilities District Appointment Process. Council President discussed the press release created by Michelle Wilmot and the Council agreed to go ahead with the process. Transportation Package Resolution. City Attorney Tom Brubaker communicated that he revised section G of the resolution. Councilmember Albertson stated that the only revision she would make is that the City has already made a commitment to this in previous Council legislation. The meeting adjourned at 6:28 p.m. Ronald F. Moore, MMC City Clerk 3 This page intentionally left blank. 1. �� KENT WAS H i N GT ON Kent City Council Meeting May 21, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Mayor Cooke, Council President Higgins, Councilmember Albertson, Councilmember Boyce, Councilmember Perry, Councilmember Ralph and Councilmember Thomas. Councilmember Ranniger was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar items M and N. Item N was an excused absence for Councilmember Ranniger. Councilmember Albertson moved item 7C to Other Business, item 8E. Chief Administrative Officer Hodgson removed the executive session pertaining to labor negotiations. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Council President Higgins highlighted several of the sports teams and theater productions from the high schools. Councilmember Thomas discussed his nephew's success in track and field. Councilmember Albertson noted that her niece is going to Evergreen College. B. Community Events. Mayor Cooke discussed KaBoom and the events surrounding the event. She said KaBoom is run by Disney and involves the youth building the park. Councilmember Thomas stated that there is a tribute Beatles band performing at the ShoWare Center and "American Idol" will be there on July 19. C. Proclamation. Mayor Cooke read the Veterans Recognition Day Proclamation and presented it to Marcus Shelton and proclaimed Friday, June 13 as Veterans Day in Kent. Mr. Shelton and representatives from the Kent-Meridian Veterans of Foreign Wars (VFW) Post #6875 thanked the Mayor and the City for the proclamation. Councilmember Albertson said she was honored to have this proclamation move through the committee. D. Public Safety Report. Police Chief Ken Thomas gave his monthly update on crime statistics. Assistant Chief Pat Lowery presented the Chief's Award for Valor to James Kido for calling 911 which led to the arrest of an intruder who was in his house. Detective Heather Vance was presented the Chief's Award for Exceptional Duty for pulling another officer, Sergeant Lance, away from being hit by a vehicle. Police Chief Ken Thomas also introduced a new corrections officer, Mark Mafnaf and highlighted Officer Chris Korus' work reading to students at Kent Elementary School. Mr.Thomas communicated that he and representatives from his department will be holding Block Watch 101 and a community meeting on May 23 at Sunnycrest Elementary at 6:00 p.m. 1 Kent City Council Minutes May 21, 2013 E. Intergovernmental Report. Council President Higgins reported on the Regional Transit Committee which will have two upcoming workshops to discuss what the impacts will be to the cities after the legislative sessions are done. Councilmember Ralph noted that the Regional Law Safety and Justice will discuss mental health and how it relates to public safety and the justice system. Councilmember Albertson reported on the South County Area Transportation Board meeting which covered the I-405/SR-167 corridor updates and the different tolling options the State is discussing. She said the State Transportation Commission had a survey conducted and discussed what citizens were willing to pay. She pointed out that legislature will need to step up and handle transportation issues. Councilmember Perry discussed the Sound Cities Association Public Issues Committee. F. Proclamation for Chief Administrative Officer John Hodgson. Mayor Cooke read the proclamation for Chief Administrative Officer John Hodgson and proclaimed May 31, 2013, as "John Hodgson Day" in the city of Kent. Mr. Hodgson thanked the City for the proclamation. PUBLIC COMMENT 1. R. C. Sample, Kent, discussed plans to sell the Riverbend Par 3 golf course. He noted that there aren't any other par 3 golf courses in the Kent vicinity. 2. Dick Gravender, Kent, discussed the Riverbend Par 3 golf course. He added that Mr. Tukes has children that come out to play on the course and that he hopes the City can come to an agreement with the citizens concerning the course. 3. Kim Chatman, Kent, stated that she was called a racial slur by a Kent police officer and explained the circumstances of the incident. Mayor Cooke asked Chief Ken Thomas about the incident and he stated that the City is investigating. 4. Gwen Allen-Carston, Kent, stated that she appreciates that a regular person can come speak to the council. She stated that the last time she was here the Kent Black Action Commission (KBAC) was a fledgling group. She noted that they are hosting their Juneteenth event on June 15 from 11:00 a.m. to 6:00 p.m. at the Kent Senior Activity Center. CONSENT CALENDAR Council President Higgins moved to approve the revised Consent Calendar Items A through N, removing item 7C, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of May 7, 2013. 2 Kent City Council Minutes May 21, 2013 B. Approval of Bills. Payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 7, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/13 Wire Transfers 5452-5466 $1,341,827.68 4/30/13 Regular Checks 372634-673017 3,352,392.70 4/30/13 Use Tax Payable 905.52 $4,695,125.90 Payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 7, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/13 Wire Transfers 5436-5451 $1,403,872.05 4/15/13 Regular Checks 672270-672633 1,593,279.75 Void Checks (2,015.97) 4/15/13 Use Tax Payable 5,195.69 $3,000,331.52 Approval of checks issued for payroll for April 16 through April 30 and paid on May 3, 2013: Date Check Numbers Amount 5/3/13 Checks 331442-331630 $ 99,258.93 5/3/13 Advices 313303-313933 1,262,116.29 $1,361,375.22 D. Noel, Inc. Consultant Services Agreement. The Mayor was authorized to sign a consultant services contract with Noel, Inc. for engineering services related to Green River Flood Protection Ecosystem Restoration Projects and Emergency Flood Response in the amount of $22,100, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Traffic School Ordinance Amending KCC 9.36 "Traffic Code." Ordinance No. 4079, amending Chapter 9.36 of the Kent City Code entitled "Traffic Code," adding a new Section 9.36.130 entitled "Traffic Safety School" which formally established a traffic safety school to promote traffic safety within the city of Kent was adopted. F. Washington State Department of Social & Health Services Grant — Kent Police Youth Board Project. The Mayor was authorized to accept the grant award from the Washington State Department of Social & Health Services that focuses on youth alcohol use prevention, adjust the budget, and to execute any documents relating to the grant funds with terms and conditions acceptable to the City Attorney and Police Chief. 3 Kent City Council Minutes May 21, 2013 G. Target Zero Manager Contract. The Mayor was authorized to accept the grant award in the amount of $61,000 from the Washington Traffic Safety Commission funding 60% of the salary and benefits for the Target Zero Manager position with the City and execute any related documents with terms and conditions acceptable to the City Attorney and Police Chief. H. Fiscal Year 2012 BJA Justice Assistance Grant. The Mayor was authorized to accept the fiscal year 2012 Bureau of Justice, Justice Assistance Grant in an amount of $51,883, amend the budget, and authorize expenditure of the funds in accordance with grant terms acceptable to the Police Chief and City Attorney. I. School Zone Traffic Safety Camera Ordinance. Ordinance No. 4080, amending Chapter 9.36 of the Kent City Code by adding the new Section 9.36.140 entitled "School speed zone traffic safety cameras" was adopted. J. American Traffic Solutions Contract. The Mayor was authorized to enter into a five-year contract with American Traffic Solutions for school speed zone traffic safety cameras, subject to final terms and conditions acceptable to the City Attorney and Police Chief. K. 2012 Building & Fire Codes, Ordinances, Ordinance Nos. 4081 and 4082, amending various sections of Chapters 13.01 and 14.01 of the Kent City Code to adopt the 2012 editions of the International Building, Residential, Mechanical, Energy Conservation and Fire Codes, and the Uniform Plumbing Code, together with the City's local amendments to those codes as depicted in these ordinances, to revise Section 14.08.020 to refer to the newly adopted codes and to make other housekeeping amendments were adopted. L. S. 2315t Way to Veterans Drive Name Change Resolution. Resolution No. 1874 renaming South 231't Way to Veterans Drive was adopted. ADDED ITEMS M. Set Public Hearing Date. June 4, 2013 was set as the date for the public hearing to discuss the Six-Year Transportation Improvement Program. N. Excused Absence. An excused absence for Councilmember Ranniger, who was unable to attend the May 21, 2013 meeting, was approved. OTHER BUSINESS A. King County Interlocal Agreement for Briscoe/Desimone Levee. Mike Mactutis, Environmental Engineering Manager, discussed Monday's meeting with the King County Flood Control District Board of Supervisors who voted unanimously to approve the interlocal agreement on the Briscoe/Desimone Levee with the City. He gave a brief report on the background of the levee. Council President Higgins thanked the public works staff for all their hard work. 4 Kent City Council Minutes May 21, 2013 Mayor Cooke thanked King County Councilmembers Julia Patterson and Regan Dunn. Councilmember Albertson asked about discussions with Tukwila and Public Works Director Tim LaPorte replied that they will start when the interlocal agreement is executed. Councilmember Albertson moved to authorize the Mayor to execute an agreement with the King County Flood Control District, allocating reimbursement to the City for improvements to the Briscoe Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. B. 2013 Transportation Investment Package Support Resolution. Council President Higgins discussed the resolution and communicated its importance. He stated it is designed to encourage our representatives in the legislature to move forward on this transportation package. Council President Higgins moved to adopt Resolution No. 1875, urging the state legislature to enact legislation creating a 2013 Transportation Investment Package during the 2013 special session, seconded by Councilmember Perry. Motion carried 6-0. C. Issuance of the Consolidated LID 362 Bond Ordinance. Finance Director Robert Nachlinger discussed the bond ordinance and why the bonds are being done at this time. He said there is a firm interested in buying these bonds and they aren't as restrictive in the reporting requirements as a public bond would be. Councilmember Boyce inquired if this would be done if there wasn't a merger going on and Mr. Nachlinger communicated that it would because there is an interested buyer. Councilmember Albertson asked how the two downgrades by Moody's would affect this. Mr. Nachlinger replied that these aren't city debts and there isn't an obligation for the City to make payments if the buyer has issues. Therefore, there won't be any affect. Councilmember Thomas moved to adopt Ordinance No. 4083, authorizing the issuance of Local Improvement District 362 bonds and authorizing the Mayor to execute all documents necessary for the issuance, subject to final review and approval by the Finance Director and the City Attorney, seconded by Council President Higgins. Motion carried 6-0. D. House-Banked Social Card Room Gambling Tax Reduction Ordinance. City Attorney Tom Brubaker presented the background of the ordinance and noted that Councilmember Thomas asked for it to be considered by the Council. Councilmember Boyce verified with Chief Administrative Officer John Hodgson that every one percent reduction represents $30,000 less in revenues. Council President Higgins verified with City Attorney Brubaker that this reduction would affect all casinos located in Kent. City Attorney Brubaker communicated that the casino was annexed and the laws banning casinos in the City aren't applicable. 5 Kent City Council Minutes May 21, 2013 Mr. Hodgson, in responding to Councilmember Perry's question, highlighted that the City has received $327,000 this year from the Great American Casino and they have been fairly consistent in the amount they have paid in gambling taxes. Councilmember Boyce verified with Mr. Hodgson that local cities, except for Auburn, have their gambling tax rate set at four percent and all the others are set at ten percent. Councilmember Thomas noted that he is proposing the amount be reduced to seven percent. Mr. Brubaker pointed out there is a sunset clause in the ordinance. Councilmember Perry verified with Mr. Hodgson that the annexation funds will stop after ten years. Councilmember Ralph clarified that the $300,000 in gambling taxes are a tax that only the casino pays. Councilmember Albertson pointed out that the City has the ability to charge a 20 percent tax. Councilmember Perry verified with Mr. Nachlinger that they don't pay a B&O tax. Councilmember Thomas moved to adopt Ordinance No. 4084, amending Section 3.21.010 of the Kent City Code entitled "Gambling activities and tax" and reducing the gambling tax from 11% to 7% of the gross amount of revenue from house-banked social card games, with a sunset of December 31, 2016, seconded by Council President Higgins. Councilmember Thomas stated that he is in favor of the motion. Councilmember Albertson stated she is opposed to the motion because the casino doesn't pay a B&O tax and the city shouldn't have a tax break for certain businesses. She said she doesn't want to have it reduced all the way to 7 percent and the City can't afford to cut this revenue. She noted that the City has lost a lot of businesses and felt it shouldn't save one on the backs of the taxpayers. Council President Higgins communicated that when faced with a position of having zero revenue rather than having a portion, he will take the portion. He voiced support for the motion and added that Kent needs to be competitive with neighboring cities Councilmember Boyce agreed with Councilmember Albertson and said this is a tough call. He noted this is a unique business and stated that businesses come and go. However, it is difficult for him to take money away the City and isn't convinced that making this adjustment will save the business. Councilmember Ralph supported the motion and stated the City is receiving a greater amount of money in gambling tax than the B&O and would rather approach this as 6 Kent City Council Minutes May 21, 2013 saving something rather than losing everything. She said this temporary reduction will go away in 2016. Councilmember Perry said this tax reduction has no effect on the City's bottom line and doesn't affect the budget. She also noted the annexation and mitigation sales tax funds from the state will replace the lost revenue. She supported the motion. Councilmember Albertson agreed with Councilmember Perry and noted that the annexation money is always at risk. She added that if the City has more casinos in the future the rate will remain the same. She stated that the jobs that may be lost if this casino closes are part-time jobs not full-time positions. Councilmember Thomas moved the previous question, seconded by Council President Higgins. Motion carried 6-0. A vote was taken on the motion on the table which passed 4-2. Councilmember Albertson and Councilmember Perry dissented. Chief Administrative Officer Hodgson communicated that there is a cap on the amount that the City can have mitigated. He stated that there would be an impact because the City won't receive mitigation for the rest of this year. MOVED FROM CONSENT CALENDAR E. Consolidating Budget Adiustment Ordinance. Finance Director Robert Nachlinger explained the ordinance and asked for approval of additional budget reductions totaling $5,579,000 for that net decrease of $2,957,872, giving back a trust fund loan of $4 million for the street fund, and $1 million for the water fund. He added that the state allocated those funds for the 228th corridor project and were not used and the City is leasing those allocations back to the state. Councilmember Albertson inquired about the $2 million water-operating fund and Mr. Nachlinger noted that the City closed out projects and returned $1.1 million in funds which were project budgets that were not spent. Councilmember Thomas moved to adopt Ordinance No. 4085, approving and consolidating the 2012 budget for adjustments made between July 1, 2012 and December 31, 2012, reflecting an overall budget decrease of $2,957,872, seconded by Council President Higgins. Motion carried 5-1. Councilmember Albertson dissenting. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins noted the discussions at workshop regarding the school speed zone traffic safety camera item, the B&O tax update, the Public Facilities District appointment process, and the Transportation Package Resolution. B. Mayor. Mayor Cooke announced that the King County Flood Control District is entering the budget process and prioritizing projects. She noted that the Council is 7 Kent City Council Minutes May 21, 2013 preparing a report to the district concerning rebuilding the levees in Kent. She thanked those involved with the Briscoe/Desimone levee interlocal agreement. She noted that last Friday, Ben Wolters and Tim Higgins met with the ticketing agency, ShoWare, concerning their ticketing contract and the naming rights contract extension. C. Administration. Chief Administrative Officer Hodgson said there is one executive session item concerning property negotiations for 30 minutes. D. Economic & Community Development Committee. Councilmember Perry acknowledged her work with John Hodgson and that he has a consistently positive attitude about everything. She said she is really going to miss him. E. Operations Committee. None. F. Parks and Human Services Committee. None. G. Public Safety Committee. Councilmember Boyce stated that he has enjoyed working with John over the years and he will be missed. H. Public Works Committee. Councilmember Albertson noted that she is concerned about the golf course and it needs to be kept in the public eye in order to have change. She said she resigned from the Flood Control District Committee and is excited to be on the Human Services Commission. She noted that at the June3rd Public Works meeting there should be bid information concerning the LID and how to problem solve it. She stated that she will miss John and thanked him for his work with the drug addiction facility. I. Regional Fire Authority. Councilmember Les Thomas noted that the next meeting will be June 19th. He said it has been outstanding to work with John and that he is going to enjoy retirement. Councilmember Ralph thanked John for all he does. Council President Higgins thanked John for his assistance over the past few years and said he has done more than anyone he can think of to improve the City. Mayor Cooke stated she has worked with John for eight years and he has done a great job with communication and his work behind the scenes has been critical in successfully operating a City of 120,000 plus people with a reduced staff. RECESS At 9:12, Mayor Cooke called for a three minute recess. EXECUTIVE SESSION At 9:15 p.m., Mayor Cooke called the regular meeting back to order and announced that the Council would recess into an Executive Session for thirty minutes to discuss property acquisition, per RCW 42.30.110(1)(b). 8 Kent City Council Minutes May 21, 2013 At 9:39 p.m., the Executive Session concluded and the regular meeting reconvened. Council President Higgins moved to authorize the Mayor to sign all necessary documents to complete the sale of real property known as Tract A of the "Top of the Hill" plat to Eagle Creek Land and development for $75,000, less closing costs but with no seller's commission, subject to approval of the final terms and conditions by the City Attorney and the Economic and Community Development Director, seconded by Councilmember Perry. Chief Administrative Officer John Hodgson noted that this property is surplus and a developer is willing to buy the property. A vote was taken on the motion on the table, which carried 6-0. Councilmember Perry moved to authorize the Mayor to sign the first amend- ment to the lease agreement between the City and Goodman Real Estate, its approved successors and assigns, and to authorize the Mayor to sign all documents necessary to close a sale of property for approximately $802,000 pursuant to the terms of the lease amendment, subject to approval of final terms and conditions by the City Attorney, seconded by Council President Higgins. City Attorney Brubaker noted that Goodman Real Estate is anxious to begin the Kent City Center and stated that it includes a $300,000 contingency. Councilmember Perry clarified that this is really good news that Goodman is interested in paying all the fees up front and moving forward in their project and thanked Councilmember Ranniger for her work on this project. Councilmember Albertson inquired with the City Attorney who noted that the "successor' is the City and the "assigns" means that the company will establish their own corporation to build and not to sell it to anyone to make something different. A vote was taken on the motion on the table, which carried 6-0. CAO Hodgson discussed his retirement and thanked his family, the City staff, and Council. ADJOURNMENT The meeting adjourned at 9:49 p.m. Ronald F. Moore, MMC City Clerk 9 This page intentionally left blank. 1. �� KENT WAS H i N GT ON Kent City Council Workshop June 4, 2013 The meeting was called to order at 5:30 p.m. by Council President Higgins. Councilmembers present: Higgins, Thomas, Perry, Ranniger, Boyce, and Albertson. Council President Higgins revised the agenda to hear item 4, Liquor Control Board I- 502 Improvements before item 3, SE 256th Street Improvements — Update. Wellness Program. Becky Fowler, Benefits Manager discussed the City Wellness Program. Kari Endicott, Benefits Analyst also highlighted the specifics of the program and the website. She explained several aspects of the program, to include the well- being assessment, how the challenges work, and how the point system works within the program. She added that there are articles, applications, links and other information concerning health and well-being on the website. Six-Year Transportation Improvement Program (TIP). Tim LaPorte, Planning and Community Development Director discussed the TIP and stated that the item will be brought to the Council agenda on June 18 with a public hearing and subsequent ordinance for adoption. He noted that this is the annual update required by law and that the Council has the authority to add or deduct from the TIP. Council President Higgins stated that he wants the Council to review the TIP and the projects in it on an annual basis to ensure they are vetted by committee members. Councilmember Albertson communicated that this is the wish list and if these projects aren't on this list they don't get funded. Council President Higgins added that projects need to be on the TIP to solicit for federal funds. Liquor Control Board I-502 Regulations. David Galazin, Assistant City Attorney communicated that the Washington State Liquor Control Board (WSLCB) is in the process of adoptin the State rules for the implementation of Initiative 502. He stated that there is a letter that has been drafted by the City staff that they want the Mayor and Council to sign and sent to WSLCB by June loth. He highlighted the timeline and discussed the flaws the City has with I-502. First, he noted that the initiative doesn't distinguish between the interplay of local governments and the Control Board when a license is granted. He continued and said there is no requirement for the WSLCB or the entity who applied for the license to contact the municipality. Conversely, he pointed out that under the liquor regulations, establishments need to ensure all local regulations are followed prior to them even looking at an application. Additionally, he stated that the second part of the City's letter points out that the current draft regulations don't address having any buffers. He displayed a 1,000 foot buffer map which identifies where marijuana facilities could not be locate and that if the City does nothing to the City code any use not listed in the land use table is a prohibited use, thus any marijuana producing, distribution, or retailing is illegal based on the Kent 1 Kent City Council Workshop Minutes June 4, 2013 City Code. He displayed a map of zoning districts that have miscellaneous retail and areas that allow light industrial uses. He said that the City of Seattle is adopting regulations that allow retail sales of marijuana to be like any other sales. He communicated that cities are unsure what the light use and the legal implications are. He said if this is something the Council decides that they want to take on, then they have until December 1st to institute legislation. He communicated that the Law Department has a list of questions to send to the Liquor Control Board and Council President Higgins commented that he doesn't want his name on the document. Council President Higgins noted that there is ambiguity in I-502. Councilmember Albertson discussed the item and said she is uncomfortable with the questions coming from the Council. Councilmember Boyce questioned the code violation process and Mr. Galazin replied that violations concerning health, safety, and welfare are the only jurisdiction the City has to stop a permit, if there are code or permit violations. Councilmember Perry communicated that the City doesn't want the liquor control board allowing these to be established without local authority. Additionally, she felt the liquor control board shouldn't allow these to operate without local authority and comments from the jurisdiction. Interim Chief Administrative Officer Brubaker communicated that there needs to be some clarity on how this affects the City of Kent. He stated that if the Council wants to do zoning it needs to be done prior to the implementation of the liquor control board regulations. He added that this isn't an attempt to restrict I-502, but to identify and possibly institute some local regulations prior to this. Councilmember Thomas communicated that marijuana use is prohibited by federal law within City limits. He confirmed that collective gardens also wouldn't be allowed. Council President Higgins noted that another workshop will be needed. Interim Chief Administrative Officer Brubaker stated that June 10 is the deadline to submit comments to the WSLCB concerning I-502. Council President Higgins noted that the comments to WSLCB can come from the Mayor, not the Council. Councilmember Perry stated that the City should do some zoning for this. Councilmember Albertson communicated that the City will be losing out on tax revenues if nothing is done. Council President Higgins said that Interim Chief Administrative Officer Brubaker could add his name to the letter. SE 256th Street Improvements - Update. Interim Chief Administrative Officer Brubaker discussed the item and gave a brief background of the item. He discussed 2 Kent City Council Workshop Minutes June 4, 2013 the $2 million dollar gap for the project and said that at yesterdays public works meeting it was noted that the undergrounding and landscaping/planting can be cut in order to save some money. However, he said the scope of the project shouldn't be changed because undergrounding is required by City ordinance. Additionally, undergrounding is accepted throughout the City as a part of its vision and it is innappropriate to revise. However, he highlighted that not undergrounding would save the project $640,000. He stated that the City can add an additional $250,000 in transportation improvement fees. He said there are $300,000 in nonpetitioned LID parcels that can be utilized from property owners who executed agreements to not protest the LID and that a 60% assessment value was done on the properties which could be raised to 100% to generate more revenue. He communicated that by the end of this year the City will have an overage of $400,000 in its General Reserve Fund and these funds are normally moved into the Strategic Opportunities fund. However, he felt those funds shouldn't be utilized because the City is starting to rebuild those funds and wants to maintain a 10% gap in reserve funding. Additionally, he said those funds are to be utilized for investment opportunities. Councilmember Perry added that if those funds are utilized they would have to be paid back within three years. Interim Chief Administrative Officer Brubaker discussed the Standard & Moody's report on the City's financial picture. He noted that if the City took an interfund loan it would be noted and would possibly lower the City's rating. He discussed the goal of the B&O tax, which is to generate $3.2 million, and $1.2 has been allocated this year. However, Councilmember Boyce pointed out that only $400,000 has been collected in B&O this year. Interim Chief Administrative Officer Brubaker communicated that business awareness will be raised and businesses will be audited as needed. He said he is encouraged by the B&O responses thusfar, but pointed out that the goal is to reach $5 million per year. Councilmember Boyce inquired what the auditors are doing and felt they should be out collecting the funds from the businesses. Interim Chief Administrative Officer Brubaker replied that they are working hard to reach out to the community and are processing first payments. Councilmember Albertson communicated that she felt those funds will be received. Interim Chief Administrative Officer Brubaker stated that the Council has communicated that the City isn't to utilize B&O for projects outside of what has previously been approved. He noted that utilizing B&O would cause the City to have to drop one of the overlay projects in either north or south central Kent. He noted that there would be a domino effect where projects in the following years would also need to be abandoned. He stated that the City can continue to take Transportation Impact Fee (TIF) revenues and push those funds into the B&O to pay for this project. He communicated that this also isn't considered a loan. Councilmember Albertson stated that she wants to utilize the TIF to do this and supported this option. Her only concern is that this isn't classified as a loan. 2 Kent City Council Workshop Minutes June 4, 2013 Councilmember Boyce communicated that this is spending B&O money before we get it and inquired if this is the most important project the City has right now. Councilmember Albertson replied that this project has been rolled to the top of the City's list for the past 20 years and would have been on the top of the funding list if the Council would have forecasted that the LID would have failed. Council President Higgins communicated that the time is financially right and is upset about the LID failing. He said he isnt going to let four or five property owners dictate what happens in that neighborhood and wants this to happen. Councilmember Perry communicated that she doesn't have an issue with raising the assessment and using B&O tax funds. She felt the City should use all the TIF funds possible for the next two years for the project and use the B&O for the rest. Interim Chief Administrative Officer Brubaker communicated that the idea is to utilize whatever comes in. He also stated that this needs to happen tonight or it needs to be considered at a special meeting in the next few days. Council President Higgins noted that a consensus on how it is going to be done needs to occur. Mr. Brubaker noted that doing this after June 18 may not allow for enough time for bonding, etc. Discussion continued concerning how to proceed. Councilmember Albertson communicated that she can't attend a special meeting. Councilmember Ranninger expressed concerns with the amount of money that needs to be raised for this and it doesn't make sense to invest future revenues. Discussion continued on the B&O revenues. Councilmember Thomas stated he is uncomfortable with this item and communicated that there were 124 signatures and five were the controlling interest in preventing the LID from passing. Consensus was to bring this into Other Business at the regular meeting. The meeting adjourned at 6:38 p.m. Ronald F. Moore, MMC City Clerk 2 KENT Kent City Council Meeting June 4, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Mayor Cooke, Council President Higgins, Councilmember Albertson, Councilmember Boyce, Councilmember Perry, and Councilmember Ranniger. Councilmember Ralph was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins pulled item 7A from the Consent Calendar and added item K as an excused absence for Councilmember Ralph. He also revised item J and added the terms "for June 18th" to the language. Council President Higgins moved to add an item 8A: Other Business, 256th Street Improvements. Interim Chief Administrative Officer Brubaker removed item 4D, Legislative Report from the agenda. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Councilmember Thomas communicated that Senator Mike Carrell passed. Mayor Cooke acknowledged and thanked everyone for their participation in the Veterans Drive renaming event. B. Community Events. Mayor Cooke discussed the Kent International Festival and stated that there is a large group of entertainers that will be performing at the event on June 22-23 at the Kent Plaza. She noted that the Kent International Dance Festival will also be at the Senior Center. Councilmember Ranniger encouraged people to attend. Mayor Cooke also discussed the Kent City Center at the corner of 4th and Smith and there will be further public announcements concerning the apartment complex and retail development there. Councilmember Thomas communicated that the South King County Activity Center will have their breakfast tomorrow. He also noted that on June 28th a Beatles cover band and on July 19th "American Idol" will be at the ShoWare. C. Proclamation. Mayor Cooke read the Juneteenth Proclamation and presented it to Gwen Allen-Charlston and proclaimed Friday, June 19th as Juneteenth Day in Kent. Ms. Charlston thanked the City for the proclamation and introduced the staff of the Kent Black Action Commission (KBAC). She noted that the event will be held on June 15th at the Kent Senior Center. E. Intergovernmental Report. Council President Higgins reported on the Regional Policy Committee and said there are two upcoming meetings to discuss what the impact will be after the legislative sessions are done. He discussed the Regional Policy Committee meeting and communicated that the City of Bellevue took action not to 1 Kent City Council Minutes June 4, 2013 extend the agreement. He also noted that the Mental Illness and Drug Dependency Oversight Board meeting will be in June. Councilmember Albertson said the South County Area Transportation Board meeting is on June 18th and will be attending a presentation at the Kent Commons regarding homeless. Councilmember Perry discussed the Sound Cities Association Public Issues Committee and said they took positions to not support regional tolling and have the Puget Sound Regional Council (PSRC) take a full look at statewide tolling to fund all roads. She noted that they also took a position to have Metro Regional Long Range plans. She pointed out that the Council took an emergency position to support the Marketplace Fairness Act. Council President Higgins added that he has asked for a meeting with Congressman Dave Reichert on this item. Councilmember Albertson noted that she attended a Sound Cities Association Dinner and she would like Councilmember Perry to view the presentation on community engagement that was given at the meeting. PUBLIC COMMENT 1. R. C. Sample, Kent, extended an appreciation to Mayor Cooke and the staff for the Veterans Drive event. He saluted the Mayor, the Council, and the City staff. He discussed the attendance of the Council and members of the police department who attended their Block Watch event. He also saluted them for their attendance. He discussed the Par 3 golf course and said he has been walking around and determining how much the park facilities are being used. He stated there are 10 or 15 times as many people utilizing the Par 3 course. 2. Zack Ketter, Kent, discussed the Shoretel/Tri-Tec Communications, Inc. item in the agenda. He noted that BlackBox responded to the bid and was given a quote from BlackBox and stated his company was 25% cheaper. He expressed concerns with how the City is spending their money. Councilmember Thomas inquired what the other parameters might be concerning contract approvals. Acting City Attorney Pat Fitzpatrick replied that the quality of work and what best fits the needs of the City. He added that the IT Director ultimately decides who would fit the needs of the City best. Councilmember Albertson asked if there was a time constraint and Chief Administrative Officer Brubaker communicated that there isn't, but there is a timeline. Interim Chief Administrative Officer Brubaker presented the three proposals and noted that this is an RFQ and not a bid. He stated that it is an inherent process where the Director chooses which vendor is chosen. Councilmember Boyce communicated that when the City is looking at taxpayer money some of those differences need to be overlooked. 2 Kent City Council Minutes June 4, 2013 ICAO Brubaker communicated that the fact that the company chosen was located in Kent and the fact that they have more technicians, can store product at their location, and remove the packaging. Councilmember Thomas noted that the company is located in Kent. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items B through K, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of May 21, 2013, were not approved. B. Approval of Bills. Bills were not available for approval. C. Berger Partnership Agreement For Kent Valley Loop Trail. The Mayor was authorized to sign the consultant agreement with the Berger Partnership for $98,550 to develop a master plan for the Kent Valley Loop Trail, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. D. 4Culture Sustained Support Grant Agreement. The sustained support grant from 4Culture in the amount of $17,000 to fund 2013 Kent Arts Commission programs was accepted, the Mayor was authorized to sign all necessary documents and the expenditure of funds in the Kent Arts Commission budget was approved, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. E. Northwest Playground Equipment Inc. Agreement for Turnkey Park. The Mayor was authorized to sign the public works agreement with Northwest Playground Equipment, Inc. in the amount of $46,063.77 for the playground restoration project at Turnkey Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. F. East Hill Elementary School Bill of Sale. The Bill of Sale for the East Hill Elementary School project; permit 2100096, for 520 linear feet of new street, and 7 Crimson Sentry street trees in frontage improvements was accepted. G. Shoretel/Tri-Tec Communications, Inc. Goods & Services Agreement. The Mayor was authorized to sign a goods and services agreement with Shoretel/Tri-Tec Communications, Inc. in the amount of $264,222 for the purchase of telecommunications equipment, services, and maintenance, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. H. Allied Telesis Annual Maintenance & Support. The Mayor was authorized to sign a goods and services agreement with Allied Telesis, Inc. in the amount of $41,094 for the purchase of annual maintenance and support, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. 3 Kent City Council Minutes June 4, 2013 I. CDW-G/EMC Annual Maintenance & Support. The Mayor was authorized to sign a goods and services agreement with CDW-G, Inc. in the amount of $65,209 for the purchase of annual maintenance and support, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. J. 2014-2019 Six-Year Transportation Improvement Program. June 18, 2013, was set as the public hearing date to consider the DRAFT 2014-2019 Six-Year Transportation Improvement Program (TIP). ADDED ITEM K. Excused Absence. Councilmember Ralph was excused from the Council meeting of June 4, 2013. OTHER BUSINESS ADDED ITEM A. SE 256th Road Improvements. Tim LaPorte, Public Works Director gave a brief background of the improvements. He discussed the current status of funding of the project and noted what would be paid for and what improvements would specifically take place in the project. He said that there were funding options presented in the workshop which would cover the $2 million shortfall. He pointed out that the Traffic Impact Fees are expected to be realized by the end of the year are $802,000. Councilmember Boyce asked about traffic implications and Mr. LaPorte communicated that traffic could be detoured through 116th to Kent-Kangley and back. He stated typically the workers are out of the road by rush hour. Councilmember Thomas verified that there would be left turn lanes and two islands that would be 250 feet long. Mayor Cooke questioned what would happen to the driveways and verified there wouldn't be any impact. Council President Higgins stated that he has been asking himself what he would think of his decision four years from now if the road was kept in this condition. He stated that the people living there are living in this substandard roadway and is committed to find a way for this to happen. He said if this isn't awarded by the end of this month the City will lose $2 million in grants and cause the project to cost $7 million. Then, since the City can't afford it for about five more years it will end up costing $10 million dollars in years to come. He noted that four major property owners signed the protest and he has to weigh the lives of 6,600 people with the four people. He communicated that he supports the $300,000 assessment and approves of the $250,000 allocation of Transportation Impact Fee (TIF) funds. He also agreed with the borrowing of B&O Tax revenue and it will be paid back with the TIF funds within five years. Councilmember Perry agreed with Council President Higgins with the funding sources except for the payment back of the B&O funds. The B&O ordinance is for the transportation existing network, she said, and felt that B&O funds can be used for the project. 4 Kent City Council Minutes June 4, 2013 Councilmember Boyce stated that the Council spoke about this during the workshop. He said there is a list of projects that the B&O was supposed to be used for and this isn't one of them. He felt the B&O should be paid back to do more projects in the future and will have a hard time supporting it if the B&O language isn't included. Councilmember Thomas inquired about Roberts Rules and making a motion prior to discussion. Councilmember Albertson said this project has been on the City's radar for 23 years and noted that it wasn't on the B&O list or the Citizen's committee list because the City felt it had a strong funding source in the LID. She said the Council has a duty to take care of its residents and it makes her uneasy that those four property owners could back out of the LID. She stated that the TIF money can be applied to this project. She urged the Council to approve it with keeping landscaping and undergrounding included. Councilmember Albertson moved to authorize the Mayor to sign all necessary documents to award the SE 256th Street Improvements construction contract, including Alternative A, to Goodfellow Brothers, Inc. in the amount of $5,208,988.59 and to direct the city attorney to prepare a resolution, as appropriate, to ensure that all funds used from the City's B&O tax revenues to construct the project be returned to the City's B&O budget, over time, using 100% of all current and future Transportation Impact Fee revenues until the monies spent out of the B&O account are fully returned, seconded by Council President Higgins. Councilmember Thomas stated that other cities utilize the roadway and that is why the City is being given $2 million for the project. He noted that turning down a grant could be negative in the future when the City is attempting to secure grants. He communicated that there were 6,600 in favor and 124 against the LID. Councilmember Ranniger expressed concerns with the B&O returns and the amount collected. She said she isn't in favor of the item. Councilmember Perry communicated that the LID isn't being formed and only the people who executed the LID contracts will be assessed under this. She said she is against utilizing the B&O funds because there was no project listed and is only supposed to be utilized for the City's existing transportation projects and there hasn't been a determination on what projects could be funded by the B&O as of yet. She felt the City should formulate a list of its most pressing projects. Council President Higgins communicated that the B&O discussion was about how much the City isn't spending on road projects. He stated that this supports the Council moving in that direction. He also stated that this will bring forth more projects and the paving of more streets due to the repaid B&O account. He communicated that it is important to honor the previous community discussions on the repaving of streets. 5 Kent City Council Minutes June 4, 2013 Councilmember Boyce stated that there is a list, but it wasn't voted on. It was generated to determine what projects need to be done in the City. Mayor Cooke clarified that ICAO Brubaker should produce the list. Councilmember Perry communicated that there was a list, but any list that binds the Council has to be voted on by the Council. She stated that the conversation was done with certain councilmembers and the Chamber. She said if the list was approved by the community then she would like to know when and the Council can't be bound to something that wasn't voted on in a public meeting. Councilmember Albertson urged the Council to pass this item. Councilmember Perry suggested revising the motion. A vote was taken on the motion on the table, which carried 4-2. Councilmembers Ranniger and Perry dissenting. BIDS A. 2013 Thermoplastic Markings. Tim LaPorte, Public Works Director, briefly explained the project and noted his recommendation awarding this contract to the low bidder. Councilmember Albertson moved to award the 2013 Thermoplastic Markings Project contract to Stripe Rite, Inc. in the amount of $226,510 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. B. 2013 Crack Sealing. Tim LaPorte, Public Works Director, noted his recommendation to awarding this contract to the low bidder. Councilmember Albertson moved to award the 2013 Crack Sealing Project contract to C.R. Contracting in the amount of $195,300 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop. He discussed the Employee Wellness Program. He also highlighted the discussion of the Six-Year Transportation Improvement Program (TIP). He stated that the Washington State Liquor Control Board has a draft of I-502 regulations and the City will be sending questions to them concerning it. He also highlighted that there was discussion in the workshop concerning the 256th Avenue Improvement Project that was just approved by the Council. 6 Kent City Council Minutes June 4, 2013 B. Mayor. Mayor Cooke announced the King County Flood Control District is entering their budget process and their report to the district concerning rebuilding the levees in Kent. She discussed the District's System-Wide Improvement Framework (SWIF) and looking at the entire network from the Howard Hansen Dam down. She stated that there are statements from King County concerning not working on projects until SWIF is complete which is opinioned to take another two to five years. She stated that the residents in the Lakes wouldn't want to be on hold for another two to five years. She stated that there was a community meeting concerning the YMCA coming to Kent and ideas concerning what it would take to make it happen. She added that Parks and Community Services Director Jeff Watling would likely be on the steering committee. She stated that Bobbi Bridge chairs the committee. Finally, she stated that the King County Coordinating Council on Gangs is almost ready to publish their comprehensive plan to address key problems with goals and an action plan on what to do about it in the future. C. Administration. Interim Chief Administrative Officer Brubaker communicated that the City closed on the sale of the Kent City Center property and the project consists of 176 units with a rooftop and retail on the first floor. The total project cost is worth $24 million to the developer, he said. He also noted that housing and urban development has notified us that the block grant funding will be increased by $200,000. D. Economic & Community Development Committee. Councilmember Perry had no report and said that the meeting was cancelled. E. Operations Committee. Councilmember Thomas said the City's financial future is looking better. F. Parks and Human Services Committee. None. G. Public Safety Committee. None. H. Public Works Committee. Councilmember Albertson noted that the documents concerning the 256th meeting will be included in the Public Works Committee meeting next agenda on June 17tn I. Regional Fire Authority. Councilmember Les Thomas noted the Regional Fire Authority's next meeting is next Wednesday at Station 74. Councilmember Thomas moved to reconsider the vote on the 256th Improvement Item, seconded by Councilmember Perry. Councilmember Thomas stated that the second paragraph seems redundant. Acting City Attorney Fitzpatrick communicated the proper Robert's Rules. Councilmember Albertson stated that she would not support a motion to reconsider and urged the Council not to. 7 Kent City Council Minutes June 4, 2013 Councilmember Perry suggested to have the Public Works Committee chair bring the list of projects available for B&O funding to a public meeting. This will give the Council the opportunity to state on the record its opposition and support for the list and to give direction to the staff concerning future projects. Council President Higgins clarified Roberts Rules concerning this item. A roll call vote was taken on the motion on the table which failed 2-4. Councilmember Perry and Thomas voted in the affirmative. ADJOURNMENT The meeting adjourned at 8:42 p.m. Ronald F. Moore, MMC City Clerk 8 KENT....,o Agenda Item: Consent Calendar — 7C �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: SE 256th St. Improvements-Puget Sound Energy Project Construction Agreement — Authorize MOTION: Authorize the Mayor to enter into a construction agreement between the city of Kent and Puget Sound Energy for the underground conversion of overhead utilities on the SE 256th St. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the SE 256th Street Improvement Project, the City requires undergrounding of the existing overhead utility lines, consistent with Kent City Code Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursment of costs for conversion of overhead utilities to underground. This agreement is between the City of Kent and Puget Sound Energy. EXHIBITS: PSE Project Plan Schedule 74 Underground Conversion RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs associated with this agreement will be part of the construction costs of the project, and are governed by tariffs filed with the Washington Utilities and Transportations Commission. This page intentionally left blank. PU ET SOUND ENERGY The Energy To Do Great Things ''... Exhibit "A" Project Plan Schedule 74 Underground Conversion City of Dent — SE 256t" Street — (116th Ave SE to Dent Langley Rd) PSE Project Number: 101079845 May 7, 2013 Pursuant to Puget Sound Energy("PSE")Rate Schedule 74 and as described in this Project Plan, PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an equivalent Underground Distribution System. This Project Plan describes work to be performed by PSE and the City of Kent for the conversion of certain PSE electrical distribution system facilities as described herein SE 256th Street-116th Ave to Kent Kangley Road . Construction of this Conversion Project is contingent upon and shall not commence prior to both written acceptance of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City and PSE. This Project Plan includes and consists of: ® Detailed description of the Construction Work to be performed ® Construction Drawings, Standards, Specifications and Requirements for the Construction Work (attached) ® Operating Rights to be obtained for the Conversion Project (attached) ® Construction Work Schedule ® Construction Costs Estimate Summary(attached) Revisions to this Project Plan must be mutually approved by the City and PSE. Scs�he This Conversion Project will replace PSE's existing overhead electrical distribution system with an Underground Distribution System within the following area SE 256'1' Street-He Ave to Lent Langley Road. The Conversion Project is approximately 4350 feet in length,including laterals and road crossings. The Conversion Project includes modification or replacement of all existing services lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead electric distribution facilities (including PSE distribution poles and pole mounted street lights) from the Conversion Area. Fluidized Thermal Backfill (FTB, a form of controlled density till) is required in trenches containing four or more PSE six inch ducts. FTB will be used in place of standard backfill as shown in the Construction Drawings in accordance with applicable PSE Standards. City or [Cent SE 256°i St(116"'Ave SE to Kent Kangley Rd)Underground Conversion Page t PSE W.O.#101079845 PSE initiated upgrades included in this project consist of: The relocation of the existing J04 to J01 and the replacement of existing cable runs from station line 8+50 west. City requested upgrades included in this project consist of: TUT instead of a padmount transformer at station line 36+44 32.5 LT Temporary Service included in this project consists of. N/A Prior Conversion Relocation Within 5 Years: Facilities installed on(116"'Ave. SE—SE 256" St. to SR-516: PSE Job Number 101027468) will be removed on (SE 256"' St.- 104"Ave. to 116t11 Ave: PSE Job Number 101061089). The "temporary facilities" are from Switch 2 (SW2 at grid number 313872-166495) to Pole at P27 (P27 at grid number 313884-166470). This cost also includes wire from J 17 (J17 at grid number 313872-166496) to Pole at P27 (P27 at grid number 313884-166470). The cost associated with the installation of the"temporary facilities" are covered on 116"'Ave. SE—SE 256"St. to SR-516: PSE Job Number 101027468) and were billed at 40% City and 60% PSE. Because these materials were installed for less than 5 years the 60% cost paid by PSE under Job number 101027468 is now being billed to the City on SE 256`h St. — 104t1'Ave. to 1161h Ave: PSE Job Number 101061089. The removal of the temporary facilities will also be billed to this project SE 256th St.— 104th Ave. to 116th Ave: PSE Job Number 101061089 at 100% city cost. The following portions of PSE's existing facilities to be converted are located outside of Public Thoroughfare: N/A In conjunction with this Conversion Project, PSE will remove its 'existing street lighting system frorn the Conversion Area. Provision of a replacement street lighting system within the Conversion Area is not included in this Project Plan. Replacement street lighting service can be provided by separate arrangement in accordance with applicable PSE Tariff Schedules. Raponsibilities of P ar ies Cd�esponslbil®tics a) Provide written notice to customers within the Conversion Area in advance of Conversion Project Construction Work start. The notice will include contact information for both the City and PSE, the expected Conversion Project schedule, anticipation of service interruptions and work required to be performed by customers. b) Coordinate other utility conversion, removal and relocation from PSE's poles. c) Provide all surveying for equipment placement, locations, and establish all grade elevations for the Underground Distribution System within the Conversion Area. d) Provide all necessary excavation,bedding, backfrll, off-site disposal, site restoration and coordination for installation of the Underground Distribution System. This includes trenching, backfill, and restoration for cut-over and transfer of existing underground system and service lines from the existing overhead distribution system to the new Underground Distribution System. e) Coordinate private property trenching, excavation and restoration activity with private property owners affected by this Conversion Project. City of Kent SE 256"'St(116"'Ave SE to Kent Kangtey Rd)Underground Conversion Page 2 PSEW.O.h 101079845 t) Provide flagging and traffic control as required for all work performed by the City. g) Install and proof all ducts and vaults for the Underground Distribution System (excluding work in ducts or vaults containing energized cables or equipment—see PSE Responsibilities) in accordance with PSE standards and specifications using ducts and vaults provided by PSE. "Proofing" as used herein is defined as verification using a mandrel that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. h) Provide PSE at least ten(10)business days notice prior to the start of trenching activity to allow for delivery of PSE materials to the job site and scheduling of PSE's on-site Inspector. Provide at least three(3)business days notice for scheduled delivery of vaults 575 and smaller and five (5)business clays notice for scheduled delivery of vaults 5106 and larger from the manufacturer. i) Provide secure staging and storage area(s)for duct and vault materials provided by PSE. The City shall be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE's custody. j) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to the job site. k) Promptly following notice from PSE that the Underground Distribution System has been energized, provide notice to customers within the Conversion Area informing them of their obligation and responsibility to convert their overhead service lines to underground service lines as provided by state law or to modify existing underground service lines for connection to the Underground Distribution System. Affected service lines are listed in the Service Lines section of this Project Plan. 1) Facilitate weekly(or as otherwise agreed by the City and PSE) construction coordination meetings to include all relevant parties participating in the conversion including PSE and it's contractor(s), the City and it's contractor(s), and other utilities. m) Provide any necessary operating rights for the installation of PSE's facilities in accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City. Operating rights are further addressed in the Operating Rights section of this Project Plan. n) Modify, reroute or replace service lines to City owned facilities to connect to the Underground Distribution System. o) Following notification from PSE that Construction Work is complete, provide to PSE any Shared Government Costs as provided for in the Construction Agreement. Peet Sound EiiKEg Resporsibilities a) Provide all duct and vault materials, cables, electrical equipment and components necessary for installation of the Underground Distribution System. b) Following notice from the City, deliver or cause to be delivered all duct and vault materials to the designated staging/storage area(s). Acknowledge delivered quantities and condition of duct and vault materials by signing shipping manifests. City of Keut SE 2561h St i116i°Ave SE to Kent Kangley Rd)Underground Conversion Page 3 PSE W.0.8 101079845 c) Following notice from the City, provide inspection services needed for overseeing the proper installation of ducts and vaults by the City. d) Accept delivery of the completed duct and vault system once the new system has been proofed (as described above)by the City. PSE will provide a mandrel to the City to be used in proofing of the duct and vault system. e) Provide PSE electrical workers to complete duct installation and proofing when such work is performed at or in any energized vault containing energized cables or equipment. f) Install (except for ducts and vaults installed by the City) and energize the Underground Distribution System. Provide written notice to the City when the Underground Distribution System is energized. g) Perform cut-over and transfer of existing Underground Distribution System and existing underground service lines from the overhead distribution system to the new Underground Distribution System where applicable (see City Responsibility item "d" concerning trenching responsibility). PSE will notify the City for excavation and the affected customers at least two (2) business days prior to installation, transfer, and connection of underground service lines. Affected service lines are listed in the Service Lines section of this Project Plan. h) Install and connect replacement underground service lines to single family residences and connect modified and replacement non-residential underground service lines provided by customers within the Conversion Area pursuant to PSE Tariff Schedule 85, Affected service lines are listed in the Service Lines section of this Project Plan. i) Remove the existing overhead electric distribution system including, conductors, equipment, down guys, anchors and poles after all service lines to customers within the Conversion Area are connected to the Underground Distribution System and all other utilities have been removed from PSE's poles. Holes left following removal of poles will be filled with crushed rock and compacted in accordance with applicable City standards or specifications. j) Provide flagging and traffic control as required for all work performed by PSE (except as may otherwise be reasonably provided by the City during installation of ducts and vaults in conjunction with City performed trenching, excavation, back-fill and restoration). k) Attend weeldy(or as otherwise agreed by the City and PSE) construction coordination meetings facilitated by the City and its contractor during periods of Conversion Project construction. 0Verq aM IZjKt!! Y The Underground Distribution Systern will be located within existing Public Thoroughfare. No additional operating rights have been identified as being needed for this Conversion Project. The Underground Distribution System will be located within Public Thoroughfare except as described in the Operating Rights Attachment, The Construction Work will not be released by PSE for construction until i) all operating rights necessary for the installation of PSE's facilities have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement releasing PSE from any and all financial obligations associated with the location or relocation of City of Kent SE 256°i St(116"Ave SE to Kent Kangley Rd)Underground Conversion Page 4 PSE W.O. 101079945 PSE facilities resulting from commencement of constriction prior to acquisition of all identified necessary operating rights. Construction Work Schedule The work will be performed in accordance with the following Work Schedule, unless this schedule is revised by mutual agreement of the City and PSE or circumstances beyond the reasonable control of the City and/or PSE preclude such performance. Installation of ducts and vaults: City provided Installation and energizatiou of the Underground Distribution Svstem: PSE provided Removal of overhead facilities: PSE provided Installation and removal of Temuorary Service: N/A Work Schedule Restrictions: As permitted by City requirements Construction Cost Estimate The estimated costs to perform the Construction Work and the allocation of costs between the parties are presented in the attached Construction Costs Estimate Summary. These estimated costs are valid for ninety (90) days from the date shown on the attached Construction Costs Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully executed within ninety (90) days from this date, the estimated costs shall be subject to revision. The previously executed Design Agreement has been fulfilled with the submission of the attached Construction Plans and Construction Agreement. The construction costs provided include costs associated with construction starting with a pre-construction meeting called by the City and attended by the City's contractor. Time spent on this project at the request of the City between the date of this Project Plan and the pre-construction meeting will be compensated by Change Order. Estimated Inspection and Service Provider Outside Services costs are based on 2013 contract rates. Costs for work performed by PSE after January 31, 2014 shall be subject to revision to reflect contract rates which become effective after this date. Further, in the event performance of the Construction Work does not proceed substantially as provided in this Project Plan, PSE's estimated construction costs shall be subject to revision. Changes in Construction Work scope, performance and/or schedule can result in actual Construction Costs which significantly differ from estimated costs shown in the Construction Cost Estimate Summary. Such changes shall promptly be brought to the attention of PSE and the City when anticipated or known to occur and shall be documented in a Change Order mutually agreed by the City and PSE. City of Kent SE 256°i St(1 16"Ave SE to Kent Kangley Rd)Underground Conversion Page 5 PSE W.0.t 101079845 Project Assur�a�tions The project design, construction plans and cost estimates are based on and reflect the following assumptions. Constriction conditions that are not consistent with these assumptions may result in a request for change or an equitable adjustment to project compensation under Section 6 of the Construction Agreement. Cost Assumptions 1. The Constriction Work will be performed in accordance with the Construction Drawings and Construction Work Schedule. 2. PSE's Project Manager will accept or reject(with written justification) the duct and vault installation work performed by the City within five (5)business days notice of completion frorn the City. In the event PSE rejects any of the ducts or vaults (with reasonable written justification), the City will perform the necessary remedial work. The City will then re- notify PSE and PSE shall have five(5)business days to accept or reject the remedial work. 3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling equipment and methods. 4. A City Street Use permit is the only permit necessary for PSE to perform its work for this Conversion Project and will be issued within two (2) weeks of PSE submitting a complete permit application (including any supporting documentation reasonably required by the City). There will be no charge for the permit or inspection fees. 5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's contractor opening a minimum of 50 feet of trench per working day. The daily productivity rate is used to estimate the number of days a PSE Inspector will be required during installation of ducts &vaults. The Inspector will be scheduled in full day increments and intone continuous effort. Changes to a continuous schedule require a minimum of five days advance notice and must be mutually agreed between the City and PSE. 6. Included in the project pricing is attendance by the PSE Project Manager at scheduled weekly construction meetings while the duct and vaults are actively being installed and when the PSE line crew is on site. Additional meetings that maybe required while PSE facilities are not being installed, will be compensated on a Change Order basis. 7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple channelization. Additional traffic control measures are not included. S. Work to be performttid by PSE does not include installation and/or removal of Temporary Service facilities at the request of others during construction. 9. All cut-over and transfer work will be completed during regular working hours. 10. New guy anchors shall be installed prior to installation of new ducts in the same area. 11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to PSE when required for a Company Initiated Upgrade and otherwise 100% to the City. City of Kent SE 256°'St(116"'Ave SE to Kent Kangley.Rd)Underground Conversion Page 6 PSEw.0.4 101079845 12. Installation of protective bollards may be necessary at some locations and may not be included in the project design. In the event unplanned bollards are required, associated costs will be a Shared Cost. Schedule l. There will be a total of two (2) PSE crew mobilizations as follows: i) one mobilization of an underground line crew for installation of underground conductors and equipment; and ii) one mobilization of an overhead line crew for removal of the existing overhead facilities. Once mobilized PSE crews will have continuous productive work until all PSE Construction Work is complete. 2. All PSE Construction Work will be performed during regular working hours from 8AM— 5PM (or as permitted) excluding holidays. In the event that lane closures are necessary for performance of work, PSE shall be limited to working between the howl of 8AM—5PM (or as permitted). PSE and the City will mutually agree to weekly work schedules for the Construction Work. PSE shall be allowed to perform PSE work as scheduled without changes or interruptions caused by other construction activities. 3. Work requiring scheduled interruption of electric service(cut-overs and transfers)will be performed during the working hours specified in Schedule Assumption#2 above, and will be scheduled with at least two (2) business days notice. PSE will notify customers of scheduled service interruptions. Additional Considerations Service Lines Service lines within the Conversion Area must be modified or replaced to provide underground service from the Underground Distribution System as described (Customer required). Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85. Cut-overs and Transfers PSE customers within the Conversion Area will experience interruption of electric service during performance of the Construction Work when transferring system and customer loads from the overhead distribution system to the Underground Distribution System. PSE will notify customers at least two (2) business days in advance of expected service interruptions. Customers may request that cut-over and transfer work affecting their service be performed outside the regular working hours listed above subject to the customer's written agreement to reimburse PSE for the additional cost(at overtime rates) to perform such work outside the regular working hours. New Service Connection of new or increased load for City facilities (such as new traffic signals)under terms of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. Cit_v of Kent SE 256°'St(116°'Ave SE to Kent Kangley Rd)Underground Conversion Page 7 PSE W.O." 101079845 PSE IDe�onstruction Standards This Conversion Project has been designed and will be constructed in accordance with PSE design and construction standards in effect as of the date of this Project Plan. PSE standards applicable to Construction Work to be performed by the City have been provided to the City in PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2011". All relevant PSE standard described above are attached to this Project Plan by this reference. Temporary Support (I3oldnr�) of PSE Poles Whenever any pole(s) are required to be temporarily supported (held) due to excavation in proximity to such poles, the City will coordinate with PSE to provide such support. The need to temporarily support such poles shall be determined by PSE, and if required, such support shall be provided by PSE. As used herein, "temporary support"means supporting one or more poles for a continuous working period of ten hours or less. Due to the location of the joint trench in close proximity to the existing poles, it is anticipated that multiple poles will need to be held. A preliminary estimate of the cost of holding 14 poles assuming one pole per day is $44,900. This cost is NOT included in the construction cost at this time and will be covered by Change Order based on actual time spent and will be billed at a 60/40 cost share. 48 hours minimum notice will be required to schedule pole holds. ,9! c taneeof1'roiectPlaa2 The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSE: By: By: Its: Its: Date: Date: City of Kent SE 256"St O 16'"Ave SE to Kent Kartgley Ad)Underground Conversion Page 8 PSE W.0.4 10107g845 �mDm o (i1 C) a Ot` G) OOwam � v 0 W a h Q m ro' o <o i0 0 't o� � W N N y no O ' w9 N O pWp� 4 N N V d .S W CAD mho W 0 �7 n W ® � c � 4fi 4A fA b3 6R f9 fH 59 Hi fig 91 2' v a Yii f®yb3 F1 m . N W W fl 0 Ni b C v C v C�J 3 EA fS% W 4� Y 6'Y 45 HJ{y3 V-a 69 y�5 "f C ''.. N tv a 61 <i 6+ c-a fi l 0 0co > ea o @k 61 tti G�iq ro a I tii �. � is � W� Fes" `a L p. 4a Y R� G 4) f� L' SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: City of Kent SE 256" St—(116"Ave SE to Kent Kangley Rd). Project Number: 101027468 THIS Agreement, dated as of this_ day of 20 , is made by and between the City of Kent, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the"Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area")with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of August 24, 2012 (the"Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i) Cost of Conversion; ii) Public Thoroughfare, iii) Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) Construction Agreement, Attachment "B" to Schedule 74, Page 1 City of Kent SE 256th St—(116"Ave SE to Kent Kangley Rd) of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity(system amperage class)of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs"shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below- (d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (a) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs"shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party" shall mean either the Company, the Government Entity, or both. (j) "Private Property Conversion' shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or(ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (1)a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii)a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project(and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any)and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Properly Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement, Attachment"6"to Schedule 74, Page 2 City of Kent SE 256'"St— (116"Ave SE to Kent Kangley Rd) replacement program, plus (iii)just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii)the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs'shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs"shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i)any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii)costs associated with anyjoint use of trenches by other utilities as permitted under Section 3(b). (s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below)and the Government Work (as defined in Section 3(a), below). (t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): Construction Agreement, Attachment"B"to Schedule 74, Page 3 City of Kent SE 2561h St— (116`h Ave SE to Kent Kangley Rd) i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles)of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying(i)the Company Work completed to date, (ii)the Company Work yet to be completed, and (iii)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any). the Estimated Reimbursable Upgrade Costs (if any)and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and it) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards)with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i)the Government Work completed to date, (ii)the Government Work yet to be completed, and (iii)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Construction Agreement, Attachment"B" to Schedule 74, Page 4 City of Kent SE 256`" St—(116°i Ave SE to Kent Kangley Rd) (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity(or its agents, servants, employees, contractors, subcontractors, or representatives)for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement(a "R,.quest for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii)changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, Construction Agreement, Attachment"B"to Schedule 74, Page 5 City of Kent SE 256"St—(116''Ave SE to Kent Kangley Rd) schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or(iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement(including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A)sixty percent(60%)to the Company, and (B)forty percent (40%)to the Government Entity. ii) The Government Entity shall pay one hundred percent(100%) of all Reimbursable Private Conversion Costs, if any. ii) The Government Entity shall pay one hundred percent(100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i)and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent(100%)of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent(100%)of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement(the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity)any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement, Attachment"B" to Schedule 74, Page 6 City of Kent SE 256`h St—(116th Ave SE to Kent Kangley Rd) (c) Within sixty(60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the"Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii)construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty(30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement")showing (i)an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (III)any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii)the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (it) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty(30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Construction Agreement, Attachment"B" to Schedule 74, Page 7 City of Kent SE 256"'St— (115"'Ave SE to Kent Kangley Rd) 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050, Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty(20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys'fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement, Attachment"B" to Schedule 74, Page 8 City of Kent SE 2561h St—(116`h Ave SE to Kent Kangley Rd) 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project(or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of$2,000,000 per occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of$2,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project(or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (H) shall be paid within thirty(30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement, Attachment"B" to Schedule 74, Page 9 City of Kent SE 256t'St—(116`h Ave SE to Kent Kangley Rd) (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect,of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement, Attachment"B'to Schedule 74, Page 10 City of Kent SE 256"St—(1161h Ave SE to Kent Kangley Rd) (1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: City of Kent 220 Fourth Ave. South Kent, WA 98032-5895 Attn: Mark Madfai Fax: 253-856-6500 If to the Company: Puget Sound Energy, Inc. 6905 South 228th Street Kent, WA 98032 Attn: Doug Corbin Fax: 253-395-6882 Any Party may change its address specified in this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement, This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: City of Kent PUGET SOUND ENERGY, INC. BY BY ITS ITS Municipal Liaison Manager Date Signed Date Signed Approved as to form: Construction Agreement, Attachment "B" to Schedule 74, Page 11 City of Kent SE 2561h St— (116"Ave SE to Kent Kangley Rd) KENT....,o Agenda Item: Consent Calendar — 7D �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: SE 256th St. Improvements—Joint Utility Trench Agreement with Comcast — Authorize MOTION: Authorize the Mayor to enter into a joint utility trench agreement between the city of Kent and Comcast for the underground conversion of overhead utilities on the SE 256th Street Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the SE 256th Street Improvement Project, the City requires undergrounding of existing overhead utility lines, consistent with Kent City Code Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursement of costs for the underground conversion. This agreement is between the City of Kent and Comcast. EXHIBITS: Joint Trench Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs associated with this agreement will be reimbursed by Comcast based on bid prices. This page intentionally left blank. i JOINT TRENCH AGREEMENT Between the City of Kent and Comcast for the SE 256t° Street Improvements THIS AGREEMENT is entered into between the City of Kent, a Washington municipal corporation ("City"), and Comcast of Washington IV, Inc. a Washington corporation ("Comcast"). The City and Comcast are referred to separately as a "Party" or together as "Parties". RECITALS WHEREAS, the City is making certain right-of-way improvements to SE 256`h Street in Kent, Washington ("Improvement Project"). The Improvement Project will include the excavation of trenches and placement of City facilities and City-contracted third-party facilities in the trenches ("City Facilities"). WHEREAS, it is the City's belief that, pursuant to local ordinance and the franchise agreement between the City and Comcast dated May 4, 1993, and the Franchise Clarification Agreement dated May 5, 2004, Comcast is required to underground its current above-ground facilities located on SE 2561h St, Kent, Washington. WHEREAS, Comcast will need to place coaxial and other lines in the same locations in which the City is performing the Improvement Project and installing City Facilities. WHEREAS, the installation of Comcast facilities shall include boring and/or the excavation of trenches, placement of Comcast facilities (as specifically designated and/or provided by Comcast) in such bores or trenches together with City Facilities and backfilling of said trenches, if necessary, as defined below (the "Work"). WHEREAS, the Parties recognize the efficiencies of entering into an agreement whereby one trench will be dug for the Parties to relocate the Facilities and Comcast facilities (jointly "Facilities"). AGRFEMFNr To facilitate construction of a joint trench, the parties agree as follows: 1, SCOPE OF WORK The City of Kent will advertise for construction bids and enter into a contract for the construction of a trench which shall include City, PSE, Century Link and Comcast facilities. This trench will be placed along North side of SE 2561h St between 106`h Ave SE and 116`h Ave SE and shall be referred to as Pagel of70 the "Joint Trench". There will be approximately six (6) trench crossings of SE 256"' ST to serve customers on the south side of the street. All utilities will use these trenches. 2. CONTRACTOR REQUIREMENTS The independent contractor hired by the City to perform this work shall he referred to as "the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, shall excavate the joint trench, install the Facilities, including Comcast facilities , install the bedding material, backfill, compact the trench, proof all conduits and perform any restoration required by the City, all to be performed in a good and workmanlike manner consistent with industry standards (the "Work"). The City represents that any such contract shall further require of Contractor that the Work be conducted in conformity with (i) the applicable procedures and requirements of the parties as described herein; (11) all applicable laws, ordinances and regulations of any governmental authority, and; (ill) all applicable terms and provisions of the National Electric Safety Code, as may be amended, supplemented or replaced from time to time, including but not limited to those pertaining to protection and separation of conductors buried in earth. 3. RESPONSIBILITY OF THE PARTIES A. Drawings. Comcast shall provide engineering drawings, specifications, construction standards, quantities, and cost estimates to the City. These drawings shall show in detail the location and elevation of the conduits, trench, and vaults, and shall include a general traffic control plan for activities not associated with installation of facilities within the Contractor controlled open trench area. B. Installation. Comcast shall be responsible for supplying conduits and vaults for the Contractor's installation within the joint trench. Comcast shall install the conductors with Comcast conduits after the completion of the joint trench work. Comcast shall be responsible for any trenching and installation of facilities outside of the joint trench area. Comcast shall coordinate with the City's contractor in accordance with subsection 1D, All right, title and interest in the Comcast facilities and associated equipment shall at all times remain with Comcast. Parties hereto acknowledge and agree that Comcast shall in no event be required to remove their respective, affected aerial facilities prior to completion of the underground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. C. Traffic Control. The City's Contractor shall provide all traffic control associated with installation of Facilities within the joint trench area. Comcast shall be responsible for providing traffic control during installation of Comcast facilities not associated with the joint trench area. Pave 2 orl0 D. Comcast Coordination. Corneas. shall maintain reasonable and continued coordination with the Contractor regarding the installation of Comcast facilities. This coordination shall include but not be limited to the following: 1. Timing of when and where materials will be delivered on-site. 2. Installation of conductors within Comcast conduits. 3. Trenching and installation of Comcast facilities not associated with the joint trench. E. Surveys. The City will provide the survey for the location of the trench and vaults within the joint trench area, Comcast shall provide for survey outside of the joint trench area. F. Election Not to Proceed. If Comcast elects not to proceed with the Work, Comcast shall obtain a permit for the installation and remain liable for installing the Comcast Facilities within the approved permit at the time frame specified on the permit. Comcast shall also be responsible for any City costs associated with re-designing the trench to remove Comcast work from the project. 4. COMPENSATION Trench costs. Comcast agrees to pay the City a portion of the trench costs, including trenching, installation of facilities and trench bedding and backfill, commensurate with their proportionate share of trench usage as shown in Exhibit A attached hereto and incorporated by this reference. Preliminary costs will be agreed upon prior to construction based on an estimate from the bid accepted by the City. Costs will be finalized after completion of construction and Comcast agrees to pay the City for its portion of the actual construction costs. A. Survey. Comcast agrees to pay the reasonable costs for the City surveyor's time to provide vault locations and elevations and any other survey that may be required to locate and place Comcast facilities. B. Traffic Control. Comcast agrees to pay the City a proportionate share of traffic control costs related to the joint trench area,, where Comcast facilities are present. The proportionate share shall be based on the trench usage as shown in Exhibit A. Comcast shall be responsible to provide all traffic control during installation of Comcast facilities not associated with the joint trench area. Pa-e 3 of 10 I C. Additional Expenses. Comcast agrees to pay their proportionate share of additional expenses incurred due to Comcast's approved change requests requiring additional trench depth or width, and for unforeseen conditions, including but not limited to dewatering for ground water. Comcast will not pay for any share of additional expenses incurred due to approved change requests from the City or any City-contracted third party. D. Claims by Contractor. Comcast agrees to pay the entire cost of any claims made by the Contractor that are directly caused by Comcast's unreasonable or unforeseeable actions, including but not limited to unreasonable delays caused by installing Comcast facilities, unforeseeable delays caused by Comcast providing materials, or any other unreasonable conflicts between the Contractor and Comcast's contractor.. E. vaults. Comcast agrees to pay for the excavation, site preparation, and installation of the vaults being installed for Comcast's exclusive use ("Comcast Vaults"), separately and in addition to any survey costs and trench costs discussed above. These additional costs shall be preliminarily determined from the bid price accepted by the City and Comcast. The cost to excavate for and install Comcast Vaults will be finalized after completion of construction and Comcast agrees to pay the City for actual construction costs. The parties will work with, the Contractor to keep the cost of the Comcast Vaults as close as reasonably possible to the approved preliminary bid. F. Invoice. Comcast agrees to pay the City within sixty (60) days of being invoiced by the City for amounts that the Contractor has invoiced the City and which Comcast has agreed to pay under this Agreement. G. Defective or Unauthorized Work. Per the terms of the agreement between the City and Contractor, Comcast reserves the right to withhold payment from the City for any defective or unauthorized work performed by the Contractor. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Comcast's approval. If for any reason it is necessary to satisfactorily complete any portion of the work, Comcast may complete the work using its own means and the City shall ensure that its Agreement with Contractor makes Contractor liable to Comcast for any additional costs incurred by Comcast hereunder. "Additional costs" shall mean all reasonable costs incurred by the parties beyond the price included in the bid accepted by the City. Comcast further reserves the right to offset the cost to complete the work, including any additional costs, from any and all amounts due or to become due the Contractor. Pagc 4 o`10 ',. H. ;nal Payment/t'Vaiver of Claims. The City grill ensure that thcO agreement with the Contractor provides that the making of final payment by the parties shall constitute a waiver of claims by the Contractor, except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. 5. CHANGES. Comcast shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor, obtain an estimated price from the Contractor to perform the work, and notify Comcast of this estimated price. Comcast shall have twenty four (24) hours from receiving the estimated price from the City to respond. If Comcast chooses not to accept the Contractor's estimated price then this Work shall only be performed by Comcast according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION; LIENS AND ENCUMBRANCES. Each party shall defend, indemnify and hold the other party, their officers, officials, employees and agents harmless from any and all actual claims, injuries, damages, losses or suits including all legal costs and attorney fees but excluding incidental, special, consequential or indirect damages not related to unreasonable delay of the Contractor, arising out of or in connection with the performance of the party's work required under this Agreement, except to the extent the injuries and damages are caused by the negligence or willful misconduct of the other party. City further agrees to indemnify, save harmless and defend Comcast from payment of any federal, state, or local taxes or contributions or compensation imposed under unemployment insurance, social security, income tax, labor, and any other laws with respect to City's employees, agents, or contractors engaged in the Performance of the Work. The indemnification from Comcast to the City shall include all actual claims, injuries, damages, losses or suits from third parties but excluding incidental, special, consequential or indirect damages not relating to unreasonable delay of the Contractor, arcing out of the work performed by Comcast in the trench, except and to the extent such injuries and damages caused by the negligence or willful misconduct of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, their officials, employees and agents, a party's liability hereunder shall be only to the extent of the patty's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. Fagc s of 10 '� No party, directly or indirectly, shall create or impose any lien on the property of another, or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party shall promptly, at its own expense, take such action as may be necessa..,y to duly discharge any lien created by it on the property of another. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PARTIES HEREBY ACKNOWLEDGES AND AGREES THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOSS OF PROFITS, LOSS OF CAPITAL, COST OF SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, DOWN TIME,BUT NOT INCLUDING UNREASONABLE DELAY OF THE CONTRACTOR, EVEN IF ADVISED OF THE POSSIBII ITY OF SUCH DAMAGES. 7. INSURANCE. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or subcontractors. 1 Automobile__Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The parties, their officials, employees, agents and volunteers shall be named as additional insured's on Lhe insurance policy, as respects work performed by or on behalf of the parties and a copy of the endorsement naming the parties as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided Page 6 of 10 to the parties prior to commencement of construction by the contractor. The -- Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. I 8. FRANCHISE AGREEMENT. The City and Comcast agree that as to future projects, by entering into this Agreement neither party has waived any rights it may have, under the existing franchise agreement between the City and Comcast, and the City and Comcast expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint trench activity contemplated in this Agreement, and it's very participation in this Agreement, shall in no event be construed as acceptance, affirmation or ratification of the City's construction of Comcast's obligation to underground and enter into a writing pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future undergrounding projects that may be franchise-required. 9. TERM AND TERMINATION. A. The initial term of this Agreement shall be no more than five (5) years from the date this Agreement is executed by both parties hereto. Provided neither party has terminated this Agreement pursuant to subsections (b) or (c) below, the Agreement may be renewed by the parties upon mutually agreed upon terms. B. Either party shall have the right to terminate this Agreement for its convenience by providing the other party written notice sixty (60) days prior to the date termination is desired; provided, that City shall not have the right to stop Work on the Improvement Project prior to the stated termination date. Comcast shall pay City for all Work completed prior to the termination date, less any monies already paid by Comcast. C. Either party may terminate this Agreement for default in the event the other party has failed to satisfy its obligations under the Agreement, and fails to remedy either such problem within twenty (20) business days after receipt of written notice of default. 90. MISCELLANEOUS. A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach, The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise Pale 7 of 10 any -option Herein conferred in one or more instances, skull not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect C. Governing Law, This Agreement shall be governed and construed in accordance with the laws of the State of Washington, If any dispute arises between the parties or between any party and the contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right to Indemnification under Section 6 of this Agreement. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but In any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. G. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. L Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of"force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, Page,9af10 lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terns of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. i Page 9 of 10 IN WITNESS WHEREOF, the parties--,below have executed this Agreement, COMCAST OF WASHINGTON IV, INC. CITY OF KENT Print Name: 1-W- Print Name: ,Title: S Pry =a Title:— DATE DATE-- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: COMCAST CITY OF KENT Comcast City of Kent 4020 Auburn Wav h!_ 2.20 Fourth Avenue South__,_ Auburn WA 98002 Kent.WA 98032_ Attu: Bill Walker At n: , ark Madfdi 253 288-7531(Desk) (253 856 S521 (Desl� (206171,- 93 CCeil) 253)_,$56-6500_(Fax) (253) 288-7500 (Fax)—e With a copy to: APPROVED AS TO FORM: Comcast Cable Communications, LLC One Comcast Center, 501h Floor Philadelphia, PA 19103 Kent Law Department Attention: Cable Law Dept - Operations Pa"le10ofl0 Attachment A Comcast Joint Trench Costs Note: In accordance with Comcast's franchise agreement with the City of Kent, Comcast is responsible for their cost of the joint trench based on the ratio of Comcast conduits to the total number of conduits in the trench.The following table summarizes the various trench segments,Comcast's quantity of j conduits and the total number of conduits assigned to the other trench participants.The costs attributable to Comcast foreach trench segment are based on the unittrench cost per lineal foot shown in table A. I Corricast Cast and Quantities for Utility Work Trenching (shared costs between ,PSE Power, Century Link,Comcast, City) Note: City pays 100%of PIE Power's trench cost -Detail Trench Components - Unit Of � Unit Price Extended Price '.. Clearing and Grubbin LS t $ ;t]00.00 $ 1,000.00 9015 Utility Trench, 2.Ft Wide T cover LF 186 +.$ 38.70__ $ 71r8.20 r 9016 Utility Trench, 2.5 Ft Wide 3 cover LF Y- $ _.46.12: $ 4b.12 _._. - -90'17 flAsphaft ilit/Trench, 3 Ft Wide,3'cover LF 879 $ 62.00-. S 15 7C8,C0 '... .. ili Trench, 3.5 Ft Wide,a'cover _ LF p9019 ilil Trench, 4 Ft Wide.3'cover a LF '3740 $ 64.00- 239 360 00 Patch. _ -TONS: -600. $ '130:00 £ 70 300 90 Saw Cut Existing Asphalt Pavement LF` 5D0 $ 4.00 $ 7 r,^.6.00. Saw Cut Extsfing Concrete Pavement `= 1F r 80 _$ - 3:26 420.00 i z.: "Replace concrete Road Panels SY 200 $ 400.00 R 80,000.0.) 0924 r; Gravel Borrow for Utility Trench Hackfill TONS.. :7,848 $ 21.00 : 164,808,00 9021 -:::Sand for bedding T--TONS'.1 1,566 $. --20.00 T 31.220.00 - 1022 Control Density Fill Cy 150: $ : 115.00 $ 17:250,00 : Conlrcl Densityfill-COLOR TINT GY 0. : $ 115.CO $ ... . . w.._. _ TINT .._..�.. s2Z55 ;: Shoring or Extra-Exravahon Classe IncludingF Haul - S 2.937 :$ 1.00 k - "2927,00 5016.; Traffic Control Su ervisur -HRS 550:. '$ 55.00 30;'POAO -. -:?5005 ;<?Traffic Control Labor FIRS 2,240 -$ 47.00 $ 1D5,280,60 Traffic Control Devices LS =1 $ xpano S --'3,235XI - Subtotal Tranoh Expense S -150:;435.0 1 6%Mobilization Fee ,5_.. 4t3,565.16 '... -15%Construction/Engineering/Inspection Costs S 12141510 9.5%Sales Tax $ 76,49K 4$ Total-Trench Expense 1 $1':056:314 Total trench length(feet) , 4 00f Trench cost per lineal foot $2'19,74 Vault Excavation and Installation COMCASTez enseJ -: Unit -' :Qf .. Uidt Price I Extended Prlce 2'X2'X3'vault ea 0 $708.00 1 0 6'2:5"x2'3"x 3'6" 253-LA ea _ 3: `$1,525.00 -4575 Vault 24"x36 ea 4 _$708.00- 2832 Vault 17"x360�� ea 4 $708,00 2832 Carson 9" ea 4. $100.00 400 4'9"x 1'10"x 2'4".(25TLA) - 'ea 0 $1,260.00 0 IT x TV'x 3'8"(264-TA) ea 0 $2"000.00 0 4'4"x 2'3"x 3'6"(4484-TA) ea 0 $2i030.00 0 5'5"x3'5"x5'1"1466-TA) ea 0 .. $2,389.00- 0 ' 47'x 6'0"x 7'0"r457-TA) I ea 0 $2,566,00 0 ------------------ 6%Mnbili7ntion Fee ` $6361: Subtotal COMCAST INmIc 71t277( I ST.Censlructien/Engineering/Inspection Costs �_ i 5O5 9.5%Sale Tex I ' TdtAl _OMCAs`T vaorfi 17,0'I Total Trench Costs_ 313,842� Vault Excavation and unstallation(COMCAST expense) r �sT3,995 TOTAL CO51 $327,787 Trench Length, Conduits, and Shared Cost by Stationing Mainline Trench [[[ [dote: City pays 100% of PSE Power's trench cost '.. Trench Number of Size of Percentaye of P'lriicipanf Conduits Conduit Trench Length Trench Cost Cos( Station 7+53 to 8+55 I131-J1 L=102') Century Link 2 2-4" 102 $0 -PSE PSE Power 2 Io2 SO 2-4" - Comca—st - 2 2-4" 102 33% $7,47I City _0 . 0 so Station 8+55 to 8+85 THRENCH-PV01(L=40) .Century Link 0 - 0 = 0 $0 PSEPower 4 ' 2-6" 40 -� -- $a —, Comcast 0 `0 0 D'/° $0 D __...0 $0 Station 8+35 TO 9+50 J2 TO GROSSING (L=125') Century Link 3 3-4" 63 - $0 PSE Power 4 2.4' 63 $0 2.6„ Comcast 2... 240 63 22% $3,076 City Station 9+50 to 9+50 CROSSING TO J06 (L=70') FPSE 1 1-4��. 70 ,D 1 14" 70 $0 -- 2 2-4" 70 50% $7,691 City- _ 0 --------------- q 57,691 Station 9+50to 94 55 J06-V01 (L=20) Qwest 0 0 -- 0-- $0 PSE Power 1-2" 0 4/231201312:06 PM U:1SE 256th St, rnprovemenWCOMCAST EST JT Costs.xlsx 6 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost CTrench Number of Size of Percentage of F'artrcrpan` Conduits Conduit Trench Length Trench Cosf Cest Comcasl 0 0 0 1 SC - ` city o ,.o o _$o so 4/23/20131206 PM U:ISF 256th St. mprovements%COMCAST F3T.1T Ccsts.xlsx 6 I', Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Trench Number of Size of Percentage t i Participant Conduifs Conduit Trench Length Trench Cost Cost Station LATERAL-LATERAL J06-H1 A(L-70') ___ Qwest 0 0_... . 70 1 .._._ i PSE Power { 1-3" ..Comcast �2...�.,.�_ 2 4„ 70 50% $7,691 City ' 0 0.: 0 $0 4 $7 691 Station LATERAL-LATERAL H1A-P01{L=70'� Qwest D 0 ..70 $D .PSE Power 1 1-3' 70 "50 Comcast 2 ' 2 4' `70 67% $10,255 City 0 0 0 W �.._..� . 3 $10,255 Station 9+45 to 10+57 CROSSING- IP3(L=112') �.e Qwest 2.. 24' PSE Power 4 2-4"' 112 - - $D __ 2-6 Comcast 2 2-:4" 112 95% $6,153 City 0. 0. _ __0 _.10 '. ...__ 4f23I201312-06 PM U-%SE 256th St. fmprovements%COMCAST EST JT Costs.xisx 7 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: city pays 100% of PSE Power's trench cast Trench Number of Size of Percentage of Participant Conduits : Conduit Trench Length Trendy Gost Cost Station 10+57 TO 10+97 IP3-J07'(L=50') Qwest 2 2 4" 50 $1 I PSE Power 5 3-4" 50 $0 - 2,6` Comcast 4 44" 50 36% $3,995 City 0 $0 Station 10+97 to 12+48 (L 151'); Qwest'- 2 2_4".:.:. - 1S1 $0 PSE Power 4 24) 161 $0 2.6" Comcast 4 44 151 40% $13,273 '..... City 0 0 0 $0 _.10 '$13,273 Station 12+48 CROSSING V02(L=70'} --.__ Qwest. 2 2_4„ 70 $0 PSE Power 2 2-4" 70 $0 Comcast 1 1-4" 70 20% $3,075 City _0 .0 $C s s3 6,6 Station 12+48 TO 111-93 V02 H2A (1 =aa') Qwest 3 F PSE P mv ar 1-3 55 $0i i Comcast 1 1.2" 55 20% $2,4'1, Station 12+48 13+20 CROSSING-1-1213 ()-=72') 412 3120 1 3 1 2:06 PM II:ASE 256th St. ImprovementsVCONICAS I EST JT Costs.xlsx 8 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of Srze of Percentage of Participant Conduits Conduit (Trench Length Trench Cost Cost PSE Power 5 3-4" 72 $0 ' Ccmcast 3 3-4": _.. 12 25% $3,955 _ _ City 0 0 - 50 1 r .. _ —12 - $3.955 Station 13+20 13+50 H26-IP4 Qwest 2 2-4" - 30 _ $0 PSE Power 4 2-4" 30 - 0 2-6" Comcast 3 _3-4" _30 ___. ..33% $2;19Z.i '.. City p _0 .. _. .. "$0 ''.. Station 13+87 14+48 IP4 Qwest 4 - .4.4 . _.fi1 $0 I PSE power, 2.6° Comcast 3.. . . 3-4". . 61 25% _-. $3,,351 City 0' 0 �:_ $p 12 $3 351 Station 13+50 13+87 J08-PV2 (I_=101') Qwest 4. PSE Power 6 4-4" 101 $0 2-6" .��._.. Comcast 5 5-a" ` 101 33% 57,393 _�_— —. - City 0 _ '0 $0 Station 14+30 TO 14+80 PV2-P09 (I--150') Qwest - 2 2 4' _150 PSE Power 2 - 2-A" 1SO 50 4/23120 1 31 2 O6 PM U:ASE 256th St.IrnprovementslCOMCAST ES f.1T Costs xlsx 9 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of Size of I Percentage of I� Partrcipant Conduits Conduit Trench Length Trench Cost I Cost Comcast City 0 Station 14+68 TO 15+84 PV2-P09 {L=156') Qwest 2 2-4° 156� ,- _$0 PSE Power 2 2 4":... 156 $0 2-6" Comcast 3 3.4"- j 156 43% $14,692 city 0 0 $0 Station 15+84 TO 19+49 P09-VO3, {L=385',); Qwest 2 2-4" 385 $4' I PSE Power 5 1 2 2-4" 385 ---.$0 2-6" Comcast 3 34' - 385 --- 30% $25,381 City _ 0 ...... 0 :.$0 �.. i Station 19+49 TO 19+29 V03-H3A, (L=20') _ Qwest 3 34" Z0 $0 PSE Power 1 1-3" 20 � $Q- Comcast 1 1-2" 20 2061S . $879 _.._.- City 0 0 ( I $0 Station 19+49 TO 20+40 V03-IP6 Qwest 2 2-4"' 221 $0 PSE Power 4 2-4- 221 $0 Comcast 3 -3 4- 221 33% $16,188 Cify 0 0 $0 4/23/201312.05 PM UASE 256th St, Improvements%COMCAST EST JT Costs.xlsz 10 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost , � Trench Nurttberof Size of Percentage of Parlicipant Conduits Conduit Trench Crngth Trench Cost ..Cost___ 9 $16,188 Station20+40 TO 21+85 IP6 -Al (I_=W) Qwest. 2. 2-4" 65 $0 PSE Power 5 3.4"". - 65 $0 2-6 Comcast 3 3-4- City _. 0 0 $0 1.D $4285 Station21+85 TO 22+58 J11 -SW1 L=103) Qwest 2 2-41] _..1.03 -$0. PSE Power 6 44" 103 $0: 2:6" Comcast 3 34' 103 27% $6,T73 City 0 0 $0 Station22+58 TO 22+91 SW1-J12 (L 63`) Qwest 2 2-4" 63 $0 PSE Power_ — 6 4-4" 63 $0 '... 2_ ' Comcast 3 3 v 63 2T% $3,776 —. Station 23+101 O 23+10 LATERAL-P'i4(L=SC7') Owest 1 1.4" 90 $0 PSE Power 1 1'2" 9- — -- '-- $0 Comcast 1 14- 90 33% $) 592 City 0 ._..____—._- v�.0._.-- —�. . 3 $6,592 Station22+91 TO 24+50 A2-M4A (L=169') Qwest 2 '� 969 St7 4I23120 i3'.2:06 PM U.ASE 2561h St. ImprovementsVCOMC.45? EST JT Cost2x!sx 'I T Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Trench Number of Size of Pei—CI of . Participant Conduifs Cortdurt Trench Leng Trench Cost_. Cost PSE Power 4 2.4". 169 $0 Comcast 3 3-4 169 33% $12,379 City 0 0 �. - ..-_�.. $0 9 $12,379 Station24+50 TO 25+17 H4A-VO4(Lr8Tj_ Qwes( 1 14,,... 87 _.. $0 PSE Power 5 1-3" 24" 87 $0 2_6-� Comcast 1 1-2" 87 14% $2,731. City ,.,_. 0. _0 �0 Station25+17 TO 25+79 VO4-J14 (L=82'j Qwest 22-4" 82 50 - PSE Power 5 1-2" 24' 82 $0 2-6" Comcast 3 3-4" 82 30% $5,406 City o 0 $0 - '... 10 Station25+79 TO 26+20__J14-IP7 (i;=61") Qwest 2.. 2-4" , 61 $0 PSE Polder 5 1-2" 2;4" fit $0 2-63" Comcast 3 3�-4"-4" 61 309% w 54,021 aty $0 -- - - 10 w4,Ogt Station26+20 TO 27 W IP7-V05 (L-104') Qwest 2 2.4" 104 .>"? PSE Power .5 1-2" 2-4" 104 �JO 2-6" mu Comcast 3 34" 104 30% 4123/201 31 2 06 PM U:ASE 256th St. )mpiovementslCLMCAST EST.7T Costsxlsx 12 I Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note! City pays 100% of PSE Power's trench cost Trench Number of I Size of Peroentage of Participant I Conduits uit Cond Trench Length Trench Cost Cost City 0 0 $0 10 $6,856 Station27+17 TO 28+60 V05-H5A (L=16W) Owest 2 24" 166 - $0 PSE Power 5 1-T' 2 4" - _ 166 - - $0 2-6 Comcast 3 _- 34"'. 766 300A - $10,943 City 0 ;-0 $0 10 $10,0431 - Station28+60 TO 30+10 H5A-LATERAL L=150 Qwest_. 3 3-4° 150 _ -$0 , PSE Power 4f 2-4- 150 _: $D M". Comcast 3 34" 150 30% $9,880 '... City c o $0 10 $0,889 Station30+10 TO 30+10 LATERAL-P18 (L-1'20') uwest 1 1-4". . 120 $0 FSE PowrerT 1.... 1-2" 120 $0 Comcast 1 1-=47 120 33% H,790i D 0 $G Station30+10 TO 31+30 t_ATERAL-CROSSING (L=120') west 2 - 24' 120 'F09 SE Power i 5 1 2 - 2-4" j 120 so - ---- Comcast 3 3-4" 120 3D% 34 7,011 City 0 0 SD '. 10 $7,911 4123/201312.06 PM U1SE 256th St. ImprovementslCDN1 CAST EST JT Costs.xlsx 13 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost ( Trench Number of Sixe of Percentage e of —9 Particl ant Conduits. Conduit Trench Length Tren It ost Cost - Station31+30 TO 31+30-CROSSING-HGA LATERAL -Qwest -3 3-4- 80 $0 PSE-Power 2 2.4" 80 $0i Comcast 3 3-4" 80 38% Station31+72 TO 32+03-CROSSING-V055((L=37') Qwest 2 - i 24" 37 $0 - '1 PSF Power 7 _ 1.3" 4-4,'. . 37 _- $p 2.6" Comcast -3 3-4- - -37 25% W - $2,033: i _0 City 0 ... 0 $0 Station31+72 TO 32+03 V06-PV3 L.61') Qwest 2 2 4" 61 $0 j PSE Power - 8° 2-2" 4-4 61 30 2-6" Comcast 3 i 3-4" - 61 23% $3,093 City 0 Station32+03 TO 32+17 PV3-J15 (L=34') [P—�-Eoz 2 Power - 8 2-2" 4 4" 34 Comcast 5 - 5-4" i 34 - 33% $2,490 b o II( �. - ,at _.y2;490 Station32+17 TO 32+60 J15-IP$ (L-63') Qwest 2 $01 -_...__- 412 312 01 3 1 2:06 PM WSE 256th & mprovomentslCOMGAS I ES f J f Costs xlsx 14 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Trw7�t7 Number of Size of Percentage of Parh want Conduits Conduit Trench Length Trench Cast -.. Cost PSE Power 7 - 1-2" 4-4" 53 -- - 50 2-6" 1j Corricasf 5 4-0"1-2" 53 - 36% City._:. _. `0 . 0 _ $0 - 14 - $4,159 I Station32+60 TO 33+40 IPB-LATERAL {L=80') ._ Qwest 2 2-4"' 80 -- - -- $0 PSE Power 4 1-2" 3-4" - . 80 ----- ----$0 Comcast 2� 2.4"' 80 25% $4,395 City 0 _8 -.. $4,395 i Station33+40 TO 33+40 LATERAL-P24 (L=100') Qwesf ' 7. 1A" --1DD _ $0 PSE Power ` - 1 7-4"' - 100 $0.! Comcast 1 1-4" 100 33% $7,325 Cdy 0 0 $0. 3 - - - '$7,325 Station33+40 TO 35+50 LATERAL-1-17A (L=210') `Owest - 2 2-4" 210 -. $0 PSE Power - 4 24- --� 210 - $0 2-G" i Comcast 4 1"2" 34' 7.10 4D% $18,459 City 10 -( $18.459 j Station35+50 TO 36+50 I-17A^V07 Qmrost �1 1-4" 110 $D i PSE Power 7 1 2 2-6 110 2 3 26" Comcast 4 12 34 110 33% �S8,]C,57 4/23/201312:06 PM U:\SE 256tn Si, Improvements\COMCASi-EST JT Costs.xlsx 15 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost '.. [Tench Number of Size Cf Percentage of Participant Conduits Conduit Trench Lenytl, Trench Cost Cost j City 0 I ( 0 $0 12 $8,057 Station36+50 TO 37+50 V07-1-17B (L=110' Qwest _ 1 1_4" 110 $0 PSE Power '6 _ 2-4'- 110 $0 2.3,. 2-6" Comcast 4` i 1-2" 3-4' - 110 36% ` $8,790 City_... 0 0 $0 $8,790 Station37+50 TO 38+50 H7B-H7C L=110) Qwest 1 1-4" 110 $0 PSE Power 5 24' 110 so, 1-3' .2-5"-:. _ _ Comcast 4 12` 3d4" 11D 40_% $9,6E9 city 0 0 $0 10 $%eG9. Station38+50 TO 38+85 H7C-IP9 (L-40') Qwest , 1 _. 1-4" _. _.40 - __$0 PSE Power 4 - 2-4" 40 - $0 2.6" Comcast 3 3-A" 40 38% City 0 0 j $0 ( i 8 :�3,295 Station 7+00 IP-COMC.4STICL to 7+53 J2 (L=534) Century Link 2 24" 53 $01 I PSE Power 4 2-4" 53 2 6" Comcast 2 2-4" 53 250% $2,912' City 0 0 $0 8 32,912 4/23I201312:06 PM U:ASE 256th St, ImprovemenlslCOMCAST EST JT Costs xlsx 16 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of size of Percentage of �I Participant Conduits Conduit Trench Len th . Trench Cos( ' Cost Total Trench Costs $313,842 4123/201312:06 PM UaSE 256th St. Improvements=MCAST ESI A Costs.xlsx 17 This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7E �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: SE 256th St. Improvements—Joint Utility Trench Agreement with CenturyLink — Authorize MOTION: Authorize the Mayor to enter into a joint utility trench agreement between the city of Kent and CenturyLink for the underground conversion of overhead utilities on the SE 256th St. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the SE 256th Street Improvement Project, the City requires undergrounding of the existing overhead utility lines, consistent with Kent City Code Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursment of costs for the underground conversion. This agreement is between the City of Kent and CenturyLink. EXHIBITS: Joint Trench Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs associated with this agreement will be part of the construction costs of the project, and are governed by RCW 35.99.060. This page intentionally left blank. JOINT TRENCH AGREEMENT Between the City of Kent and Century Link for SE 256th St Improvements TIIIS AGREEMENT is entered into between the City of Kent, a Washington municipal corporation ("City"), and CenturyTel Services Group LLC a Louisiana Limited Liability Company("Century Link"). RECITALS WHEREAS, the City is undertaking right-of-way improvements to SE 256`h St. between 116°' Ave. SE and Kent Kangley Road (SR516), (the"Project") and WHEREAS, Under RCW 3599.060(3)(b), Century Link may seek reimbursement from the City for the additional incremental cost of aerial to underground relocation compared to aerial to aerial relocation if Century Link is a service provider with an ownership share in the aerial supporting structures; and WHEREAS, relocation requires trenching within the right-of-way and the parties recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of the parties to relocate their facilities. AGREEMENT To facilitate construction of a joint trench,the parties agree as follows: 1. SCOPE OF WORK The City of Kent will advertise for construction bids and enter into a contract for the construction of a trench which shall include the City, Comcast, Century Link, and PSE facilities. This trench will be placed along the north side of SL 2561h St between 106°i Ave SE and 116th Ave SE. There will be approximately five (5) trench crossings of SE 2561h ST to serve customers on the south side of the street. All utilities will use these trenches. 2. CONTRACTOR REQUIREMENTS The independent contractor hired by the City to perform this work shall be referred to as "the contractor" in this Agreement. The contractor, pursuant to a contract with the City, shall excavate the trench, install City, PSE, and Century Link conduits and vaults, accommodate and coordinate the installation of other utilities, install the bedding material, backfill and compact the trench, and perform any restoration required by the City, all to be perfonned in a good and workmanlike manner consistent with industry standards. The City represents that any such contract shall further require of contractor that the work be conducted in conformity with (i) the applicable procedures and requirements of the parties as described herein; (ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms and JOINT TRENCH AGREEMENT—Page 1 of (behmeen City ofKent and Century Link Re:SE 256 h SI) provisions of the National Electric Safety Code, as may be amended, supplemented or replaced from time to time, including but not limited to those pertaining to protection and separation of conductors buried in earth. 3. RESPONSIBILITY OF THE PARTIES A. Drawings. Century Link shall provide engineering drawings to the City. These drawings shall show in detail the location and elevation of the conduits, trench, and vaults, and shall include a general traffic control plan for activities not associated with installation of facilities within the contractor controlled open trench area. B. Installation. Century Link shall be responsible for supplying conduits and vaults within ten (10) days notice provided by the City or its contractor. The City's contractor shall install conduits and vaults in the joint trench. Century Link shall also be responsible for supplying and installing all conductors. All right, title and interest in the facilities and associated equipment shall at all times remain with Century Link. Parties hereto acknowledge and agree that Century Link shall in no event be required to remove their respective, affected aerial facilities prior to completion of the rnderground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. C. franc Control. The City's contractor shall provide all traffic control associated with installation of facilities within the contractor controlled open trench area. Century Link shall be responsible for providing traffic control during installation of facilities not associated with the controlled open trench area. D. Century Link Coordination. Century Link shall maintain continued coordination with the contractor regarding the installation of Century Link's facilities. This coordination shall include but not be limited to the following: 1. Timing of when and where materials will be delivered on-site. 2. Inspection of job by a Century Link inspector. 3. Coordination with other utility companies included in the joint trench for the placement of conduit within the trench and during conversion of overhead facilities to underground. E. Surveys, The City will provide the survey for the location of the contractor controlled open tench and vaults. 4. COMPENSATION A. 'french costs. The incremental cost difference associated with the conversion of existing Century Link aerial facilities to underground that are subject to the provisions of RCW35.99.060 will be borne by the City. In lieu of reimbursement for the relocation of the JOINT TRENCH AGREEMENT—Page 2 of (between City ofKent and Century Link Re:,SE 2566'St) i existing Century Link aerial facilities subject to RCW 35.99.060, the City will provide trench, trench bedding, and installation of Century Link-provided conduit and vaults, backfill, restoration, survey, and traffic control at no cost to Century Link. Century Link will provide all necessary conduit and vaults and install cables, perform splicing and service cutover and remove the existing aerial facilities at no cost to the City. B. Defective or Unauthorized Work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Century Link's written approval. If for any reason Century Link feels it is necessary to correct defective or unauthorized work it shall notify the City immediately. The City and or its contractor shall correct the work at the City's cost. 5. CHANGES. If Century Link requests any upgrades to the work required to perform the aerial to underground conversion Century Link shall submit any changes requested to be performed by the City's contractor to the City. The City shall submit this to the contractor; obtain a price from the contractor to perform the work, and notify Century Link of this price. Century Link shall have 24 hours from receiving the price from the City within which to respond. If Century Link chooses not to accept the contractor's price then this work shall only be performed by Century Link according to a mutually agreed upon schedule with the contractor so as not to cause delay to the contractor. 6. INDEMNIFICATION; LIENS AND ENCUMBRANCES. Each party shall defend, indemnify and hold the other party, their officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the party's work required under this Agreement, except for injuries and damages caused by the negligence or willful misconduct of the other party, Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, their officials, employees and agents, a patty's liability hereunder shall be only to the extent of the party's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. No party, directly or indirectly, shall create or impose any lien on the property of another, or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party shall promptly, at its own expense, take such action as may be necessary to duly discharge any lien created by it on the property of another. ,JOINT TRENCH AGREEMENT—Page 3 of 7 (he even City ofKent and Cenreuy Link Re: SE 250"St) 7. INSURANCE. The contract between the City and the contractor shall require that the contractor procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described below, against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the contractor, its agents, representative, employees, subconsultants or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liabilitv insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $4,000,000 per occurrence and $4,000,000 aggregate in excess of the CGL policy cited above. JOINT TRFNCH AGRFFMFNT—Page 4 of 7 (between 00,of Kent and Cenhiiy Link Re:SE 256i7'St) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: l. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shalt be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent and Century Link shall both be named as additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City and Century Link as additional insureds shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub- subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured JOINT TRENCH AGREEMENT—Page 5 of 7 (between Cite of Kent and Centiny Link Re.!SE 256'r'Sk) endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. S. MISCELLANEOUS. A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance ofthis Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terns and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right to indermrification Linder Section 8 of this Agreement. F. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. F. Modifcation. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. JOINT TRENCH AGREEMENT—Page 6 of 7 (between City of Kent and Century Link Re: SE 256"'St) G. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. I. Force Mcrjeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force maj eure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I IN WITNESS WHEREOF,the parties below have executed this Agreement. CLNTURYLINK CITY OF I{ENT Print Name: 'S.,.— Print Name: Title: l>I k�Le.Frog Title: DATE, V 4 f R.j:= DATE, JOINT TRENCI I AGREEMENT—Page 7 of 7 (between City of Kent and Century Link Re: SE 256'r'St) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CENTURY LINK CITY OF KENT Century Link City of Kent 23315 66th Avenue South 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 Attn: Warren Perkins Attn: Chad Bieren (253) 372-5325(Desk) (253) 856-5534 (Desk) (877) 517-5712 (Pager) (253) 856-6500 (Fax) (253) 372-5176 (Fax) APPROVED AS TO FORM: Kent Law Department JOINT TRENCH AGREEMENT—Page 8 of 7 (between City ofKent and Century Link Re: SE 256"St) Trench Length, Conduits and Shared Cost by Stationing NON SCHEDULE 74 TARIFF UTILITY 'rREW-114 percentage Trench iVuvnber of Size of Trench of Trench Participant Conduits Conduit Length Cost Cosi Station 5+90 IN to 6+70 A (L=80') $4,376.06 Century Link 0 2-4" 0 0% $0.00 PSE Power 4 2-6" 80 -- 100% $17,512.24 2-4" Comcast 0 0 0%f $0.00 City — — 0 0% T; $0.00 4 $17,512.24 Station 6+70 J t to 7+00 iP-G0MCAS`L/CL(L.m34) $1,860m Century Link 0 0 0 0% a $0.00 PSE Power 4 2 4" - 34 104% $7,442.70 2-6" Comcast 0 0 0 0% $0.00 City - _.. 0 0 061.-- �' :1 $0.00 _ 4 $7,442.70 Station '7+00 W-C PACASTICL, to 7+33 J2 (L-a3) 3,564.5 -- _._ _ Century Link 2 ?_-4" 131 33% $7,169.07 PSE Power 4 - 7_ �' 131 33% $14,335.15 26 -- -- - --- Comcast 2 � 2-4" 131 33°Io $7,169.07 0 U $21,S07.22 TOTAL TRENCH COST FOR NOM SCHEDIW-E 14 CE 14[RJR" Lan PSE Power - Comcast " r -- This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7F �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Tacoma Water Storage Annual Release — Authorize MOTION: Authorize the Mayor to approve the annual release of one half of Kent's share of water associated with the Additional Water Second Supply Project (AWSP), subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: In early 2007, the second supply pipeline (SSP) was complete and ready to deliver water to Tacoma and its partners. The Army Core of Engineers (ACOE) as part of the Additional Water Second Supply Project (AWSP) was authorized to start storing 20,000 acre/ft. of water behind the Howard Hansen Dam for municipal use. Under the AWSP agreement, the ACOE is to build a Fish Passage Facility for the migration of fish. This project has been delayed and as a result the partners negotiated an agreement with regulatory agencies National Marine Fisheries and US Fish and Wildlife and tribes to annually donate one half or 10,000 acres of this storage, until the fish passage is completed. This donation is considered a Flexible Conservation Pool to supplement river flows for the various agencies' priorities. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7G �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Contract with Sahlberg Equipment Company for Water Valve Exerciser — Authorize MOTION: Authorize the Mayor to enter into an agreement to purchase a Hurco SD800 Versatile Valve Exerciser from Sahlberg Equipment Company in an amount not to exceed $24,856, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Water Mains and Services Division annually turns approximately 1,500 valves. This is done by hand, which is time consuming and physically demanding. Staff researched various ways [i.e., hand powered equipment, bumper mounted units] to turn valves and looked for the most cost effective and efficient method. It was determined that the most suitable method is to turn by machine. The proposed exerciser is a hydraulically powered machine mounted on a trailer with an articulating 13' arm. It would be capable of working around obstacles while allowing the operator to access valves and hydrants quickly, easily and safely. Sahlberg Equipment Company is the Washington based distributor for Hurco Technologies located in Harrisburg South Dakota. A hydraulic valve exerciser will increase efficiency by reducing the time it takes to exercise valves. It would also reduce the potential for workplace injuries related to repetitive motion. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This purchase was approved in the 2013/2014 Capital Budget — Additional Equipment, Water. This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7H �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Kent Valley Loop Trail Art Master Plan Contract — Authorize MOTION: Authorize the Mayor to enter into an agreement with artist Ellen Sollod in the amount of $25,000 to serve as Artist Master Planner as part of the Kent Valley Loop Trail planning team, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Parks Planning and Development has an agreement with Berger Landscape Architects to develop a master plan for the Kent Valley Loop Trail project. The Kent Arts Commission recognizes the potential for this project to be a key amenity for Kent residents and visitors and desires to ensure that art is integrated in the project. An invitational call was issued to qualifying artists. Eleven artists applied and three were selected for interviews. The selection panel chose artist Ellen Sollod as the artist to serve on the Kent Valley Loop Trail master planning team. EXHIBITS: Draft Consultant Agreement with Ellen Sollod RECOMMENDED BY: Operations Committee BUDGET IMPACTS: City Art Budget This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Ellen Sollod, Sollod Studio LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ellen Sollod, Sollod Studio LLC organized under the laws of the State of Washington, located and doing business at 724 15th Avenue, Seattle, WA 98122, 206- 324-7644 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The artist will develop recommendations to guide the City's investment in public art as part of the Kent Valley Loop Trail ;project. The Public Art Master Plan will: • Identify a conceptual framework and strategic opportunities as well as priorities for artwork development • Recommend how and where artwork can be implemented to complement the KVLT goals • Clearly demonstrate ideas and be innovative in content and presentation See Exhibit A - Ellen Sollod Kent Valley Loop Trail Master Plan Description of Work Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described:in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,000 ($20,000 artist fee + up to $5,000 for production of art plan materials), including applicable taxes, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Payment 1: Completion of community meetings; research and analysis , September 20, 2013 $5000 Payment 2: Draft conceptual framework and approach October 11, 2013 $5000 (Review and Comment by the City by October 25) Payment 3: Draft art plan- on or before November 22, 2013 $5000 (Review and comment by the City by December 6) Payment 4: Final art plan December 31, 2013 $5000 Payment 5: Production of art plan materials December 31,2013 $5000 If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in. dispute. . In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional'costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its 'right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE .A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV.ii INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results'obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. If terminated by the City without cause, the consultant will be compensated for work completed to date. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages, arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN ' CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any; information supplied by it to Consultant for the purpose of completion of, the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and"" files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to, be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay. all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature `page of the Agreement, unless notified to the contrary. ;,Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assig.nment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ellen Sollod Ronda Billerbeck, Cultural Programs Manager Sollod Studio LLC City of Kent 724 15th Avenue 220 Fourth Avenue South Seattle, WA 98122 Kent, WA 98032 206-324-7644 (telephone) (253) 253-856-5055 (telephone) (facsimile) (253) 253-856-6050 (facsimile) APPROVED AS TO FORM, Kent Law Department [In this field.You may enter the electronic file bath where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City,deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to .be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement;, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the ,presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime'contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200. By:— — Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 This page intentionally left blank. CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must;guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by; the Directors of Planning, Parks, and Public Works Departments to assume the:following duties for their respective departments. 1. Ensuring that contractors,, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 This page intentionally left blank. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered iInto on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200. By:— — Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 This page intentionally left blank. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2013 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2013 - 2017 Ordinance 2552 Approved: Visual Arts Committee January 22, 2013 Kent Arts Commission January 22, 2013 City Council Sub-Committee: City Council CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2013 CITY ART PLAN New Projects 2013 Budget Community Art Project: KentArts/DIY(Do It Yourself) 14,000 Youth Media Art Project: Reel Grrls "What is Hunger" 19,195 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 40,000 Community Artwork: Youth Training Artwork 7,500 Capital Project artwork(s): Kent Valley Loop Trail 34,556 TOTAL 2013 BUDGET FOR 19026223.66500.4310 $120,251 OTHER EXPENSES Salary &Administration (supplies, professional services, $117,949 maintenance/repair) TOTAL 2013 BUDGET FOR 10006223.4310 $117,949 Total $2 / capita 119,100 x 2 $238,200 Previously Approved Projects Community Art Project: KentArts/DIY(Do It Yourself) 36,000 Community Artwork: Artist Designed Interpretive Materials 15,000 Community Art Project: Cultural Tours & Connections 12,550 ($40,000 previously approved; $27,450 spent in 2012, $12,550 remaining) Subtotal $63,550 $301,750 TOTAL 2013 Anticipated Expenditures 2 KENT ARTS COMMISSION 2013 CITY ART PLAN NARRATIVE Proiect Title: Community Project Artwork: Kent Arts DIY (Do It Yourself) Project Description: Kent Arts DIY would foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants would upload projects to an automated website. Submissions would be reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects could fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants would be asked to submit a description of their project that would reveal the "how-to" and inspire other Kent residents to get creative. Estimated Costs: $50,000 Funding Source: 2013 City Art Plan: $14,000 2012 City Art Plan: $36,000 (previously approved) City Partner: Information Technology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Arts DIY is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Community Project Artwork: Youth Media Art Project Project Description: Reel Grrls, an award-winning media and technology program, will work with both boys and girls to explore a public policy issue that fosters inclusiveness. The project will again focus on food security after the successful "What is Hunger?" project in 2012. The youth will utilize basic stop-motion animation, use professional video production equipment and learn the process of planning and shooting a video. The finished project will be broadcast ready video for viewing on publically operated stations such as Kent TV 21. It will also be available in smaller segments for streaming via social networking. Estimated Costs: $19,195 Funding Source: 2013 City Art Plan City Partner: Housing & Human Services Background: The 2011-2012 partnership with Reel Grrls on Youth Food Security was a great success. Both participant and audience response was tremendous, and the youth's work made a powerful impact: for the first time, as a result of the video campaign, the Kent Food Bank has an 3 online donation button. Based on the project, the Kent Arts Commission received the South King County Human Services and Equity Award for an Organization. This funding will allow us to repeat the program in 2013. Location: Media Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Estimated Costs: $5,000 Funding Source: 2013 City Art Plan City Partner: Facilities Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Proiect Title: Collection Maintenance and Programming Project Description: Projects in-progress include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. This year's projects could include restoring/improving Underground Secrets (Elizabeth Connor, 1999) at Garrison Creek Park, re-evaluating the untitled pond/sculpture at the Kent Library (Valdis Zarins, 1991), and various repair projects. Estimated Costs: $40,000 Funding Source: 2013 City Art Plan Background: This fund may be used for maintaining and providing programming for existing artworks. Project Title: Community Art Project: Youth Training Artwork Project Description: Artwork fabricated and installed by Kent youth. Youth to work with professional teaching artist and potentially a local artisan, helping to beautify Kent. Estimated Costs: $7,500 4 Funding Sources: 2013 City Art Plan Partners: King County and the Kent School District Background: In 2009, the King County Youth Training program partnered with the Kent Youth and Teen Division and Kent Arts Commission to create murals on the East Hill and at Glenn Nelson Park, led by teaching artist Louis Chinn. The program was repeated at Kent Meridian High School in 2010 and 2011 without tapping appropriations. This funding reserve allowed the Kent Arts Commission to continue this program at K-M High School in 2012, in both a consulting role and providing funding for a portion of artistic fees. The 2013 project will be contingent on determining an appropriate location. The majority of the funding for this program comes from King County. Location: to be determined Project Title: Capital Project Artwork(s): Kent Valley Loop Trail Project Description: Parks Department plans to create a Kent Valley Loop Trail over the coming years. This 12.5 mile trail along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. The Kent Arts Commission plans to set aside City Art Plan money for the next several years to enable us to commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality. Estimated Costs: $34,556 Funding Source: 2013 City Art Plan City Partner: Parks Planning and Development Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities at Kent's river-front parks and along the Green River Trail that connects them. Integrating public art throughout the trail and parks will enrich trail and park users' experience and provide a cultural tourism draw. Location: Kent Valley Loop Trail/parks along Green River PREVIOUSLY APPROVED PROJECTS Project Title: Capital Project Artwork: Artist Designed Interpretive Signage Project Description: Many of our parks have historic significance, including Earthworks, Van Doren and Lake Meridian. This project would inform the community of Kent's past. Additionally, much of the City Art collection is unmarked. Working with local historians, an artist would be hired to research locations; create a "look and feel" for historic and public art signage; fabricate and install the first phase of signage projects Estimated Costs: $15,000 5 Funding Source: 2011 City Art Plan City Partner: Parks Planning & Maintenance Background: This funding has been reserved to apply to signage when Parks Planning & Maintenance are ready and having funding to move forward with the project. Location: TBD Project Title: Community Project Artwork: Cultural Tours & Connections Project Description: There are a variety of opportunities to provide interpretive tours about our cultural and historic resources in Kent in ways that will encourage non-motorized connections. An Earthworks Tour was completed in 2012 and a Danny Pierce Walking Tour is completed and ready for printing and promotion in early 2013. Additionally, we have signed on with STQRY — an application for "smart phones" that allows us to tell the stories of our art collection digitally, capitalize on STQRY's growing user base to increase visibility, and track engagement. This funding will be used to support these programs, and/or address emerging opportunities. Estimated Costs: $40,000 ($12,550 remaining in 2013) Funding Source: 2012 City Art Plan ($40,000 total, $27,450 spent) Background: The Earthworks Tour Inaugural Ride took place on June 2, 2012, art signage is installed, and a printed map has been distributed. Danny Pierce Walking Tour materials will be printed and posted in early 2013. Information about the City's art collection will be added to the STQRY app on an on-going basis. Location: various 6 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2013 - 2017 2013 PROJECTS COSTS Projects 120,251 Community Art Project: KentArts/DIY 14,000 Youth Media Art Project: Reel Grr/s "What is Hunger?" 19,195 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 40,000 Community Artwork: Youth Training Artwork??? 7,500 Capital Project artwork(s): Kent Valley Loop Trail 34,556 Administration/Maintenance 117,949 Total $238,200 2014 PROJECTS COSTS Projects 118,200 Municipal Court Artwork 30,000 Capital Project artwork(s): Kent Valley Loop Trail 38,200 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 20,000 Administration/Maintenance 120,000 Total $238,200 2015 PROJECTS COSTS Projects 118,200 Capital Project artwork(s): Kent Valley Loop Trail 38,200 Municipal Court Artwork 30,000 Community Artworks 10,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 120,000 Total $238,200 2016 PROJECTS COSTS Projects 116,200 Capital Project artwork(s): Kent Valley Loop Trail 36,200 Municipal Court Artwork 20,000 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 122,000 Total $238,200 2017 PROJECTS COSTS Projects 116,200 Capital Project artwork(s): Kent Valley Loop Trail 36,200 Municipal Court Artwork 20,000 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 122,000 Total $238,200 7 This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7I �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Kent Municipal Court Project with Evergreen Technologies, Inc. — Accept as Complete MOTION: Accept the Kent Municipal Court Project with Evergreen Technologies, Inc. as complete. SUMMARY: After the city of Kent purchased the Aukeen District Court building in December of 2011, the Parks Facilities division began renovating the building to accommodate housing the Kent Municipal Court Clerical staff and Probation staff. On March 20, 2012, an agreement was awarded to Evergreen Technolgies, Inc. to make the Low Voltage/Data/CCTV in the Municipal court compatible with the city of Kent. The project is complete and was approved by the Project Manager on February 22, 2013. The warranty will begin on February 19, 2013, and will expire February 19, 2014. The contractor is responsible for completing and submitting the final documents to the state, as required by the contract. EXHIBITS: Letter from Evergreen Technologies, Inc. RECOMMENDED BY: Parks Staff BUDGET IMPACTS: None This page intentionally left blank. FACILITIES MANAGEMENT Alex Ackley _ - Superintendent � 220 4"Avenue South �KENT Kent, WA 98032 Fax: 253-856-6080 PHONE: 253-856-5080 February 22, 2013 Jay Emerson Evergreen Technologies, Inc. 3623 E. Marginal Way S Seattle, WA 98134 RE: City of Kent Municipal Court Low Voltage/Data/CCTV Work Jay, I have completed the final inspection of the Low Voltage/Data/CCTV work at the City of Kent Municipal Court with our I.T. Department. It has been determined that the project is completed to satisfaction. This letter serves as final acceptance of the Public Works Agreement as of February 19, 2013, The one- year warranty period will remain in effect through February 19, 2014. If you have any questions, please call me at (253)856-5081. Sincerely, C^� Alex Ackley, Facilities Superintendent City of Kent Parks Facilities C: Jeff Watling Parks Director Recreation & Community Services V C OJ 1 U 3 3 MAYOR SUZETTE COOKF- ",. This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 73 �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Hewlett Packard/Western States Contracting Alliance (HP/WSCA) Contract — Authorize MOTION: Authorize the Mayor sign a purchase order in the amount of $97,592 for the purchase of 125 HP 8300 Desktop PC's, services, and maintenance, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: In collaboration with departments throughout the City, the HP 8300 Small Form Factor Desktop has been selected as the product offering of choice for the City's Desktop Refresh Initiative. Hewlett Packard is an industry leader in the desktop field. Hewlett Packard is a member of the Western States Contracting Alliance (WSCA). As a cooperative member association, WSCA provides deep discount national purchasing power. WSCA utilizes a competitive sealed bid process to obtain pricing for all equipment and services provided through their registered vendors, including Hewlett Packard. City staff has leveraged the WSCA efforts pursuant to KCC 3.70.030 — Advertised Bids and secured contract terms commensurate to WSCA pricing for Personal Computers. Hewlett Packard will be engaged for product procurement and maintenance services for the deployment and duration of maintenance and support for these desktops. EXHIBITS: WSCA Contract, Washington State Addendum and WSCA Members List RECOMMENDED BY: Information Technology Director BUDGET IMPACTS: IT Capital Budget allocations approved as a part of the 2013- 2014 biennial budget process are earmarked for this project. This page intentionally left blank. PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 compuTER Ewpmwr, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Flewlett Packard Company [hereinafter "Contractor") and the State of Washington Department of Information Services [hereinafter"Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page I of 9 1. Scope This Addendum covers the WSCA/NASPO PC Contracts 2009-2014(Computer Equipment, Peripherals and Related Services) lead by the State of Minnesota for use by state agencies and other entities located In the Participating State authorized by that state's statutes to utilize state contracts. Through execution of this Addendum, DIS adopts the Master Price Agreement #B27164 as a Master Contract for the State of Washington, The Request for Proposals (RFP) that resulted in the award of this Agreement was posted on the web site of the Minnesota Department of Administration, with a notice and link posted on the Washington State TechMall under "Current Procurement Notices" and was advertised in the Seattle Daily Journal of Commerce on September 30, 2008 and on October 1, 2006. 2, Participation Use of specific WSC/VNASPO cooperative contract by state agencies, political subdivisions and other entities (Including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official, Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. This Agreement may be used by any Washington State agency with properly delegateA authority to purchase the Products and Services that are the subject of this Agreement, and any local government or political subdivision (including Public schools, colleges and universities) of the state of Washington or eligible nun-profit organizations with authority to purchase such Products and Services who have a properly executed Customer Service Agreement (Interkwal) with DIS. This Agroernent is not foi personal use, 3. Chang= Contractor and DIS agree to the following niodifications and additions to the Master Price Agreement for the State of Washington: 3.1 Limitations avid ExckuMons a. Products offered as "Storage Sol ution/AUXi I lary Storage" under Rand 4 of the Master Price Agreement shall not exceed a per-unit, individual configuration price of$100,000 each, b. Multifunction network print/faydscan devices that print more than fifty pages per PARTICIPATING ADDENDUM (hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT'(NUMBER B27164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "®IS"] (Participating State Contract Number TI0-MST-297) Page 2 of 9 minute (50 ppm) (under Band 3--Printers of the RFP) shall be expressly excluded from sale by Contractor for purchase tinder this Addendum by State Agencies. 0. All "Personal Services," as defined in the Revised Code of Washington (RCW) at 39,29.006(7), shall be expressly excluded from sale by Contractor for purchase under this Addendum by State Agencies. "Personal services" include professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. This exclusion does not apply to such Services as warranty, maintenance, installation, de-installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, service deslJhelpdesk, and any other directly related technical support service required for the effective operation of a Product offered or supplied. d. Disaster recovery planning and support services and pre-Implementation planning and design services shall be expressly excluded from sale by Contractor for purchase tinder this Addendum by State Agencies, 12 Article I Definitions a, The definition of"State procurement Official" is modified to read as follows: "State Procurement Official" means the '.)irectar of the Washington State Department of Information Services b. 'rho definition of,,Tr,aVei,, is dek ted as no travel expenses shall he reirnbumed tinder this Addendum. G. A definition for"Confidential informatlon" shall be added as follwAr3: "Co0dendW Information" shall mean information that may be exerr�pt from disclosure to the pubic or other'unauthorized persons under elther, Chapter 4Z56 of the Revised Code of Washington (RCW) or other state or federal statutes, Confidential Information includes, but is not limited to. names, addresses, Social Security nurnbom, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcernent records, Purchasing Entity source code or object code, or Purchasing Entity or Washington State security information or Information identifiable to an individual that relates to any of these typos of information, d. A definition for "Proprietary Information" shall be added as follows: PARTICIPATING ADDENDUM [hereinafter "Addendum" or"Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or"DIS"] (Participating State Contract Number T1 0-MST-297) Page 3 of 9 "Proprietary Information" shall mean information owned by Contractor to which Conti-actor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, tradernark or trade secret laws. e. A definition for "State Agency" shall be added for the purposes of this Addendum as follows: "State Agency" shall mean any Washington State office or activity of the executive and judicial branches of Washington State government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional, and other types of institutions. 3.3 Article 6 Payment Provisions a. Article G.B Payment of Invoices is modified to add the following language: No advance payment shall be made for the Products and Services furnished by Contractor pursuant to this Agreement, except that maintenance on Washington Sta te. owned equipment may be paid up to one year in advance. b. Article 6.0 Payment of Taxes is modified to add the following language: Purchasing Fritity will pay sales and use taxes, if any, imposed on the Products and Services acquired hereunder. Contractor must pay all other, taxes including, but not limited to, Washington Business and Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal property taxes leviwl or assessed on (w,r)nb actorla personal property, ' Purchasing Entity, as an agency of Washington 15tate government, is exernipt frorn property tax. C(�rjtractor Shall C�)Jyjplote iegistration with the Washington State Department of Revenue and be responsible'for payrnent of all taxes due on payments made Under this Contract. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance, or' other expanses fray Contractor or Contractor's staff shall be Contractor's sole responsibility. 3A In Article 12 Patent, Copyright, Trmlernarlc and 'rrade Secret Indenvairication, the text of subparagraph A.2, shall be deleted and replaced with the following� "Use its best efforts to encourage the Office of the Attorney General of Washington to PARTICIPATING ADDENDUM [hereinafter"Addendum" or "Agreernent"] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUiPMENT, PFRWHERALS, AND RELATED SERViCES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or"DIS"] (Participating State Contract Number T10-MST-297) Page 4 of 9 grant Contractor sole control of the defense and all related settlement negotiations; and" 3.5 Article 20 Records and Audit is deleted and replaced with the following language: Contractor and its Subcontractors shall maintain books, records, documents and other evidence relating to this Contract, including but not limited to protection and use of Purchasing Entity's Confidential Information, and accounting procedures and practices, for six (6) years after the expiration or termination of this Addendum, All such records shall be subject at reasonable times and upon prior notice to examination, inspection, copying, or audit by personnel so authorized by the Purchasing Entity's Contract Administrator and/or the Office of the State Auditor for the State of Washington and federal officials so authorized by law, rule, regulation or contract., when applicable, at no additional cost to the State of Washington. Contractor shall be responsible for any audit exceptions or disallowed costs incurred by Contractor or any of its Subcontractors. 3.6 Article 34 Data Practices is hereby deleted and replaced in its entirety with the following language: A. Contractor acknowledges that SOrne of the material and information that may come into its possession or knowledge in connection with this Addendurn or' its performance may consist of Confidential Information. Confidential Information will be marked at the time of disclosure to show its confidential nature, or if unmarked and disclosed orally or visually but treated as confidential at the time of disclosum, d will be described in detail and designated to show its confidential nature in writing to recipient within thirty (30) days after disclosure. Contractor agrees e hold Confidential Information in strictest confidence and not to make tme of Confidential Information for any purpose other than the performance of this IIA, to roloase it only to aUthorizod employees or Subcontractors requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise rake the information known to any other party without Purchasing Entity's express written consent or as provided by law. Contractor agrees to release such information or material only to employees or Subcontractors who have agreed to maintain the confidentiality of Confidential Inforrnation as provided for in this section 3.6.A. of the Addendum., Contractor agrees to implement physical, electronic, and PARTICIPATING ADDENDUM [hereinafter "Addendum" or"Agreement") For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter"Participating State" or"DIS"] (Participating State Contract Number T1 0-MST-297) Page 5 of 9 managerial safeguards to prevent unauthorized access to Confidential Information. [3. Immediately upon expiration or termination of this Addendum or the pertinent transaction with Purchasing Entity, Contractor shall, at Purchasing Entity's option: (I) certify to Purchasing Entity that Contractor has destroyed all Confidential Information; or (it) return all Confidential Information to Purchasing Entity; or(III) take whatever other steps Purchasing Entity requires of Contractor to protect Purchasing Entity's Confidential Information. C. Violation of this section by Contractor or its Subcontractors may result in termination of this Addendum and demand for return of all Confidential Information, monetary damages, or penalties. D. Conti-actor acknowledges that DIS and Purchasing Entities are subject to chapter 42.56 RCW and that this Agreement shall be a Public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary InfOrinati011, must be clearly identified as such by Contractor. To the extent consistent with chapter 42,56 RCW, DIS and Purchasing Entities shall maintain the confidentiality of all such information rnaiked Proprietary Information. If a public disclosure request is made to view Contractor's Proprietary Information, DIS or Purchasing Entity will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court,order from a court of cornpetent jurisdiction enjoining that disclosure, If Contractor fails to olyrain the court order enjoining disclosure, DIS or Purchasing F-Afity will release the requested Information of i tho date specified. 17 AAi1cW 44,113 Participating Endly Reports and Poee is hereby modified to add the following language: Contractor agrees to provide monthly reports to the I:Iarticipafing State contact listed in Section 6 below for,the State of Washington, The monthly report shall include the gross Washington sales for the month just ended, excluding sales tax, subtotaled by Purchasing Entity name within Washington and shall include the Contractor's customer nurnbei for each Purchasing Entity. I he report shall be accompanied with a check payable to the Department of Information Services for an amount equal to one and one-half percent(11.5% or .015) of the gross Washington sales, excluding sales tax, for the month. The monthly report and fee shall be submitted by the last PARTICIPATING ADDENDUM [hereinafter "Addendum"or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERAL% AND RELATED SERVICES IWASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter"Participating State" or"DIS"] (Participating State Contract Number TI O-MST-297) Page 6 of 9 business day of the month following the month in which Contractor invoiced the Purchasing Entity. Monthly reports are required even if no activity occurred, 3.8 Article 46 Audits is hereby modified to add the following language: As a part of its Participating State function, DIS will from time to time perform audits of Purchasing Entity invoices to ensure that the invoices and that the Products and Services listed and the prices charged for the Products and Services are accurate and in accordance with the Agreement. DIS will perform these audits by selecting Purchasing Entities from an Activity Report and asking Contractor to send the invoices for those Purchasing Entities for that report period, The DIS request will be in writing, and will list the Contractor's customer numbers for the Purchasing Entities. Such requests will not exceed twelve (12) per year. Contractor shall ensure that DIS receives the requested invoices within thirty (30) days of Contractor's receipt of DIS, request. Contractor will be responsible for any audit exceptions or,disallowed costs. Dis will also conduct periodic spot check audits of the Prices. Products and Services listed on the welbsite that Contractor maintains for state of Washington Purchasing Entities. DIS will communicate any discrepancies to Contractor and Contractor agrees to correct any deficiencies witl iin three (3) Business Days, or as otherwise agreed. 3.9 Article 52 Right to Pubfish is hereby modified to add the following language: Contractor agrees to submit to DIS all advertising, sales promotion, and other publicity materials relating to this Agrerernent or any Product furnished by Contractor wherein DIS' or Purchasing Entity's marne is mentioned, language is used, or Internet links are provided from which the connection of DIS' or Purchasing Entity's nan,io with Contractor's Products or Services may, in DIS' or Purchasing Entity's judgment, be inferred or irnplied. Contractor further agrees not to publish or use such advertising, sales promotion materials, putflicity at, the like through print, voice, the World Wide Web, and other communication media in existence or hereinafter developed without the express written consent of DIS or Purchasing Entity prior to such use. PARTiCIPATING ADDENDUM [hereinafter"Addendum" or "Agreement"] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUiPMENT, PER11PHERALS, AND RELATED SERViCES MASTER PRICE AGREEMENTNUMBEIR B271164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter"Participating State" or"DIS"] (Participating State Contract Number T1 0-MST-297) Page 7 of 9 C Continuation of Authorization for Participation from WSCA/NASPO PC Contracts 2DO4-2009: The authorization to participate in the WSCNNASPO PC Contracts 2004-2009 is sufficient to permit participation in the WSCA/NASPO PC Contracts 2009-2014, unless specifically denied by the appropriate chief state procurements official, 6. Lease Agreements Leasing by the Contractor to State Agencies is NOT authorized under this Addendum. Eligible non-state agency Purchasing Entities that have the legal authority to enter into a lease to finance their purchase(s), rnay elect to establish a separate lease agreement in the form of lease purchase agreement made available by Contractor through its Affiliate, I IP Financial Services (HPFS). 6. Primary Contacts The primary government contact individuals for this Addendurn are as follows (or their named successors): Lgad.St ate Name: Bernadette KopischlKe Address: 112 Admin Bldg, St Paul, ION 55155 Telephone: (651) 20�1-2450 Fax: (651) 29 7-3996 E-mail: us Name: Debra Lee Address: 442 Swan Blvd., Deerfield, IL 60015 Telephone: 847.537.0344 Fax: fS *'J? E-mail: debra.1ge,&hp&LoLq q Narne: 1�aster contract Administrator Address: It& QS_EL()qfaLL1Q1Y1QQ_1 PO Box 42445, Olympia, WA 98504-2445 PARTICIPATING ADDENDUM (hereinafter "Addendum" or "Agreement"] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor] and the State of Washington Department of Information Services (hereinafter"Participating State" or"DIS"] (Participating State Contract Number'f*1 0-MST-297) Page 8 of 9 If by Overniaht Couo.er 1110 Jefferson Street SE, Olympia, WA 98504 felephone: (360) 902-3551 Fax: (360) 586-1414 E-mail: MCAdmln@dis.wa.gov 7, Servicing Subcontractors: HP-authorized subcontractors are eligible to fulfill orders under the Master Price Agreement and this Addendum. HP-authorized subcontractors include distributors and the resellers and service providers listed on the HP/State website at wwwjig,.,qq.M&WyjWscaj1i. HP-authorized subcontractors are included in HP's Partner One Reseller and/or Reseller Agent Program. Orders and invoicing for products in Band 1 (Servers), Band 4 (Storage) and "Other Software" in be processed by either FIP or an HP-authorized subcontractor. Orders and invoicing for products in Band 2 (PCs), Band 3 (Printers), Band 5 (PDAs), Band 6 (Instructional Bundles) and Band "I (Monitors) must be handled by HP directly, All purchase orders issued by purchasing entities under this Addendum must litichide the Participating State Contract nurnber(TI0-WIST-297) arid the Master 1aIrlce Agreement Nurnber(1327,164). & Compliance with reporting requIremwits of the "American Recovery and Reinvestment Act of 2009" ("ARRA"): If or when contractor is notified by ordering oritity that a specific purchase or purchases arc, being mode with ARRA funds, contractor agrees to cornply with the data eernentand reporting mquirernents that are legally required of pi ovlders of goods and related seivices. Ordering entity is re%sponsibl(,,s for Informing contractor as soon as the ordering entity is aware drat ARRA funds are being used for a pinchase W purchases, Contractor will provide any required report to the ordering entity as mquired by law. 'I'he Contractor, os> it relates, to purchases under this contract, is riot a subcontractor or subgrantee, but SiMPIY a,r provider of goods and related services. This Addendum and the Master Price Agreement together'with its exhibits, set forth the entire agreement between the parties with respect to the subject rnaftf.1 of all previous communications, representations or agreements, whether oral or written, with respect to the subierf matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement, together with its PARTICIPATING ADDENDUM [hereinafter"Addendum" or "Agreemenf] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERWHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company (hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter"Participating State" or "DIS"] (Participating State Contract Number Tio-ms-r-297) Page 9 of 9 exhibits, shall not be added to or incorporated into this Addendum or the Master Price Agreement and its exhibits, by any Subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. Tile terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum, IN WITNESS WI-IEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Approved Approved State of Washington Hewlett Packard Company Department of Information Services *77 Roland Rivera 7M77 4nrl&Vr YPO Hine r Y17= Assistant Directoi Aeln-'714 Approved as to lForm State of Washington Office of the Attorney General R77 YP MOW. PARTICIPATING ADDENDUM [hereinafter"Addendum"or"Agreement"] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERViCES MASTER PRICE AGREEMENT NUMBER 1327164 Between Hewlett Packard Company [hereinafter"Contractor"] and the State of Washington Department of Information Services [hereinafter"Participating State"or"CIS"] (Participating State Contract Number T1 0-MST-297) Page 9 of 9 exhibits, shall not be added to or incorporated into this Addendum or the Master Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Approved Approved State of Washington Hewlett Packard Company Department of Information Services .................. —------ 7 Roland Rivers ype Naom Assistant Director ............51-1t;............................................... Approved as to Fornii State of Washington Offivo of tho,Attoawy Genewl PRi,r7TpTRMiRm-------------------- ................ PARTICIPATING ADDENDUM (PA)AMENDMENT 10.01 (hereinafter"Amendment"] For WSCA/NASPO PC Contracts 2009.2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company (hereinafter"Contractor"] and the State of Washington Department of Information Services (hereinafter "Participating State" or"DIS"] (Participating State Contract Number TI0WST-297) To clarify the PA, the above referenced contract is hereby amended as follows: Section 7, Servicing Subcontractors, paragraph 2 is replaced in its entirety with the following: Orders and invoicing for Products in Band I (Servers), Band 4 (Storage), and "Other Software" ITILIst be processed by HP. Only HP-authorized resellers listed in this PA by subsequent amendment hereto, added on the basis that they have expressly agreed to the terms and conditions of the State of Washington PA, are authorized to accept orders and invoice for Products in these Bands. All other terms and conditions remain unchanged. This Amendment Approved and Agreed to by the signatures of the parties to the contract as shown: State of Washington Hewlett,-Packard ('ornpany Dept. of Information Services v. r, ature Signature 25 Print or'Fype Name Print or Type Name j _an(➢ Desi-.%,1tjnin g!1 a n A a e.L Title Date Tide Dale This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7K �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Substance Abuse and Mental Health Services Administration (SAMHSA) Sober Truth on Preventing Underage Drinking Act (STOP Act) Grant Award — Accept MOTION: Authorize the Mayor to accept the Substance Abuse and Mental Health Services Administration grant in an amount of $48,258, authorize the Mayor to sign any necessary documents, amend the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. SUMMARY: The Substance Abuse and Mental Health Services Administration awarded the city of Kent a grant in the amount of $48,258 per year for four years. This is the second year of the four year period with an annual application required. The funds must be used to prevent and reduce alcohol use among youth in the community. The City must plan and implement a comprehensive approach inclusive of multiple strategies as emphasized in the 2007 Surgeon General's Call to Action to Prevent and Reduce Underage Drinking, in addition to emphasizing environmental strategies for prevention and reducing underage drinking that incorporate prevention efforts aimed at changing or influencing community conditions, standards, institutions, structures, systems and policies. This grant supplements the City's Drug Free Communities grant. EXHIBITS: Grant Award Notification RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None — No City match is required. This page intentionally left blank. Notice of Award STOP Act Issue Date; 05/16/2013 Department of Health and Human Services 77 Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP019035-02 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Reducing Underage Drinking Project Grantee Address Business Address KENT CITY POLICE DEPARTMENT Kenneth Thomas Kenneth Thomas Chief of Police Chief of Police Kent Police Department Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent, WA 98032 Kent, WA 98032 Budget Period: 09/30/2013—09/29/2014 Project Period: 09/30/2012— 09/29/2016 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $48,258 (see"Award Calculation" in Section I and "Terms and Conditions" in Section III)to KENT CITY POLICE DEPARTMENT in support of the above referenced project. This award is pursuant to the authority of PHS Act (42 U.S.C. 290bb-25b) Section 5198 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.Salnh_sa,ggL(click on "Grants' then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. `,SiAcerely yours, g f y� Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION I —AWARD DATA—5H79SP019035-02 Award Calculation (U.S. Dollars) Salaries and Wages $5,231 Fringe Benefits $780 Personnel Costs (Subtotal) $6,011 Supplies $3,067 Consortium/Contractual Cost $25,505 Travel Costs $5,005 Other $8,670 Direct Cost $48,258 Approved Budget $48,258 Federal Share $48,258 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $48,258 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 2 $48,258 3 $48,258 4 $48,258 Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.243 EIN: 1916001254A2 Document Number: 12SP19035A Fiscal Year: 2013 IC CAN Amount SP C96P119 $48,258 SP Administrative Data: PCC: DFC-STOP I OC: 4145 SECTION II—PAYMENT/HOTLINE INFORMATION—5H79sP019035-02 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center(PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-447-8477), The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III—TERMS AND CONDITIONS—5H79SP019035-02 Page-2 i This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: I a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 74 or 45 CFR Part 92 as applicable. d. The HHS Grants Policy Statement, e. This award notice. INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Condition —5H79SP019035-02 REMARKS: For new awards with a project start date on or after Sept. 30, 2010, the Division of Grants Management created a Public Assistance (P)Account in the Division of Payment Management's (DPM) payment management system to provide a separate accounting of federal funds per SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information. This award reflects approval of the budget submitted on January 08, 2013 as part of the continuation application. SPECIAL CONDITION(S) OF AWARD: NONE SPECIAL TERM(S) OF AWARD: Failure to comply with special terms and conditions may result in a drawdown restriction on your Payment Management Account or denial of funding in the future. No more than 20% of the total grant award may be used for data collection, performance measurement, and performance assessment. Not more than 6% of the total award may be expended for administrative expenses. 1) Grantee must use funds to prevent and reduce alcohol use among youth in their community of focus. Funds may not be used for other program areas. 2) Grantee must use the Strategic Prevention Framework (SPF), a five step evidence-based process for community planning and decision-making. The five step process includes: needs assessment, capacity building, planning, implementation and evaluation. 3) Grantee must plan and implement a comprehensive approach inclusive of multiple strategies as emphasized in the 2007 Surgeon General?s Call to Action to Prevent and Reduce Underage Drinking located online at: http://www.surgeongeneral.gov/topics/underagedrinking/caIItoaction.pdf, 4) Grantee must emphasize environmental strategies for preventing and reducing underage drinking that incorporate prevention efforts aimed at changing or influencing community conditions, standards, institutions, structures, systems and policies. 5) Grantee must be a current or former Drug Free Community (DFC) grantee. Page-3 6) Grantee must collect, on a biennial basis (every two years), the following data on youth consistent with the geographic area served by the coalition: (1) age of onset of for alcohol; (2) frequency of alcohol use in the past 30 days; 3) perception of risk or harm; and (4) perception of disapproval of use by adults for alcohol, or other measures as identified by SAMHSA. The grantee must report on youth in at least three grades. The size of the data collection must be sufficient to provide an accurate and meaningful statistical representation of the geographic area served by the coalition. The grantee is responsible for providing that data on or before the deadline established for each reporting period. 7) Grantee must enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth. For current Drug Free Community (DFC) grantees, STOP ACT funds cannot be used to supplant or replace activities that are presently being supported by DFC funds. 8) Grantee must participate in recommended training and technical assistance to correct or improve identified deficiencies in performance and/or conditions contributing or causing the unsatisfactory performance. 9)When requested, grantee must develop a corrective action plan and complete approved plan within the designated timeframe to correct or improve identified deficiencies in performance. STANDARD TERMS OF AWARD: 1) Grantees must adhere to all applicable requirements of the Fiscal Year 2012 Consolidated Appropriations Act provisions in PL 112-74 for the Department of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies and from the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112-55 for the United States Department of Agriculture, and Related Agencies on the SAMHSA website at http://www.samhsa.gov/Grants/management.aspx and reference#4 under Important Reminders. 2) The Department of Health and Human Services' (HHS), Office of General Counsel (OGC) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act (CAA, 2012)will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act (Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions. Recent changes to this section may have implications for SAMHSA and its grantees. Using the language provided by OGC, this provides specific guidance on : agency actions; grantee lobbying; tax increases and other restrictions on legal consumer products; and clarification of Internal Revenue Code provisions. SEC. 503. -Agency Actions (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. Section 503(b) - Grantee and Contractor Lobbying (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future Page-4 requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 3) For FY 2012, the Consolidated Appropriations Act, 2012 (Public Law 112-74) signed into law on December 23, 2011, restricts the amount of direct salary to Executive Level II of the Federal Executive Pay scale. The Executive Level II salary is $179,700 annually. 4) The recipient is required to notify the GMO in writing if the Project Director(PD) or key personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of 3 months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award (for example, a proposed change from 40 percent effort to 30 percent or less effort). SAMHSA must approve any alternate arrangement proposed by the recipient, including any replacement of the PD or key personnel named in the NoA. The request for approval of a substitute PD/key person should include a justification for the change, the biographical sketch of the individual proposed, other sources of support (if applicable), and any budget changes resulting from the proposed change. If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated. If the recipient wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing, of its wish to terminate, and the GMO will forward closeout instructions. Key staff(or key staff positions, If staff has not been selected) are listed below: Stacy Judd, Project Director @ unstated level of effort *The documents are available on the SAMHSA website at http://www.samhsa.gov/Grants/new.aspx REPORTING REQUIREMENTS: 1) The Federal Financial Report(FFR), (Standard Form 425) is due January 30, 2015 I The Federal Financial Report (FFR), (Standard Form 425) is required on an annual basis and must be submitted for each budget period as stated on the attached report due date(s) schedule after the close of the 12 month budget period. The FFR is required for each 12 month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. NOTE: SINGLE GRANT REPORTING IS REQUIRED FOR EACH SAMHSA PROJECT AS STATED ON THE FFR (#10 d-o). Do not include any amount in Line 1Of that has been reported in Line 10e. If applicable, include the required match on this form under Recipient Share (#10 i-k) and Program Income (I-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate. Adjustments to the award amount, if necessary, will be made if the grantee fails to meet the match. The FFR must be prepared on a cumulative basis and all program income must be reported. THE STATUS OF ANY FEDERAL SHARE OF UNLIQUIDATED OBLIGATIONS FOR EACH 12 MONTH BUDGET PERIOD MUST BE EXPLAINED IN THE REMARKS SECTION (#12). IN ADDITION, YOUR INTENTION TO CARRYOVER THE UNOBLIGATED BALANCE OF FUNDS UP TO 26% OF THE CURRENT FEDERAL SHARE BY DOLLAR AMOUNT MUST BE STATED IN THE REMARKS SECTION. SUBSEQUENT FFRS MUST REFLECT THE ACTUAL CARRYOVER AMOUNT. If possible, disbursements reported on the FFR should equal/or agree with the top portion of the FFR (#10 a-c). The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then it can be printed and mailed to this office. 2) Submission of a Programmatic(annual, semi-annual or quarterly) Report is due no later than the dates as follows: May 10, 2014 Page-5 Nov. 10, 2014 Failure to comply with the above stated terms and conditions may result in suspension, classification as High Risk status, termination of this award or denial of funding in the future. ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT UNTIL SPECIFICALLY APPROVED AND REMOVED BY THE GRANTS MANAGEMENT OFFICER CONTACTS: All responses to special terms and conditions of award and postaward requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR), and SAMHSA below: For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management, OFR, SAMHSA Division of Grants Management, OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 Barbara Howes, Program Official /Phone: (240)276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Cj ) Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 i i II Page-6 KENT....,o Agenda Item: Consent Calendar — 7L �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Target Zero Teams Grant Award — Accept MOTION: Authorize the Mayor to accept the Target Zero Teams Community Outreach grant in an amount of $8,000, authorize the Mayor to sign any necessary documents, amend the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. SUMMARY: The grant funds are awarded to Kent for use by the King County Target Zero Managers. The managers will partner on education/outreach and media campaigns related to impaired driving education during high profile events and holidays, i.e., Seafair weekend, Halloween, Super Bowl Sunday, and Cinco de Mayo. This grant supplements the City's Drug Free Communities grant. EXHIBITS: Grant award notification and King County Target Zero Team Budget RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None — No City match is required. This page intentionally left blank. UNDER THE INFLUENCE? UNDER ARREST!' TARGET TEAM August 24, 2012 Hello Annie and Sara: WTSC has approved $225,000 to support the King County Target Zero Teams project for work conducted October 1, 2012 to September 30, 2013. You will need to provide a work plan to me that covers your project for this amount of funds and this timeframe. I have included the following templates: • A Law Enforcement MOU to provide overtime funding to participating agencies • A Law Enforcement and Law Enforcement Liaison MOU to provide overtime funding to those Police Department that host law enforcement liaisons to cover their law enforcement participation, as well as overtime for the law enforcement liaison. • A Law Enforcement, Law Enforcement Liaison and Target Zero Manager MOU. • An agreement template between WTSC and LCB. Annie, it is probably best if you work with your office to amend the current Task Force Agreement and send it to me. Please review this paperwork to ensure it captures the necessary elements of your county's plan and let me know if it meets your expectations. Prior to beginning patrols: All paperwork from this project will go through you for your approval before sending it to me. Please return two signed originals for each MOU generated. We will sign the MOUs, scan them and email all of the scans to you. We will also mail the second signed copy back to the agency. Please let me know when to expect the signed MOUs. During the Target Zero Teams Project: • Ensure Agencies Use Emphasis Patrol Activity Logs: Ask your law enforcement agencies to have their officers record their activity on the logs provided. Do not modify the logs! I have made no changes to this log, so the same logs may be used. • Monitor Spending: Your task force budget can be moved between agencies without requiring an amendment if the amount moved is less that 50% of the total MOU. Ensure your total task force budget is not exceeded. Please send me a quick email letting me know when you do this. • Meet Reporting Deadline: You now can choose to report on TZT once a quarter. Since we are no longer part of the NHTSA evaluation, you can report quarterly (unless it's easier for you to keep track monthly). Please contact me with any questions or suggestions) Many Thanksl Shelly Trucksess Baldwin, Impaired Driving Program Manger Washington Traffic Safety Commission 621 81" Avenue, SE, Suite 409, P.O. Box 40944, Olympia, WA 98504-0944 office: (360) 725-9889 cell: (206) 419-8038 FAX: (360) 586-6489 sbaldwin anwtsc.wa.gov TZM Instructions DUI Patrols FFY 09-10 Page 1 This page intentionally left blank. KING COUNTY TARGET ZERO TEAM BUDGET OCTOBER 1, 2012 - SEPTEMBER 30, 2013 Budget Wages and Benefits - Patrol: Seattle total = $38,600 Officers will work approximately 48 hours a month x $67.00 x 12 months = $38,600 1. Focus on Friday and/or Saturday evenings between 8pm —4am and special events (ex: Seahawks, Sounders, Mariner's games) 2. Agency will have approximately 48 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds FUNDING TO SEATTLE FOR PATROL $38,600 South King County (Kent, Auburn, Federal Way, Renton) total = $65,280 ($68.00/hr used to calculate officer OT) Officers will work approximately 20 hours a month x $68.00 x 12 months = $16,320 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm — 4am 2. Each agency will have approximately 20 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TO EACH S KC CITY FOR PATROL $16,320 x 4 agencies = $65,280 North & East King County (Redmond, Bellevue, Kirkland, Issaquah, Snoqualmie) total = $65,520 ($65.00/hr used to calculate officer OT) Officers will work approximately 20 hours a month x 65.00 x 12 months = $15,600 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm — 4am 2. Each primary agency (3) will have approximately 20 hours of enforcement a month Officers will work approximately 12 hours a month x 65.00 x 12 months = $9,360 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm — 4am 2. Each secondary agency (2) will have approximately 12 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TO EACH N CITY FOR PATROL $15,600 x 3 and $9,360 x 2 agencies = $65,520 North & South King County Support Agencies ($65.00/hr used to calculate officer O/T) Funding for 4 additional support agencies for TZT regions to be determined according to fatality and serious injury data and local need. Officers will work approximately 5 hours a month x $65.00 x 12 months = $3,900 (per agency) FUNDING TO EACH CITY FOR PATROL $3,900 x 4 = $15,600 Wages and Benefits — Liquor Control Board Officers: ($64.00/hr used to calculate officer OT) Officers will work approximately 10 hours a month x 64.00 = $640 x 12 months = $7,680 for South AND North King County Work in conjunction with DUI emphasis patrols Visit high incident DUI establishments FUNDING TO LCB = $15,360 total King County TOTAL PATROL = $200,360 Wages and Benefits -Support Personnel South King County total = $7,920 Target Zero Manager (Kent PD) 5 hours a month x $53 per hour= $265 x 12 months = $3,180 South King County Law Enforcement Liaison (Kent PD) 5 hours a month x $79 per hour= $395 x 12 months = $4,740 North & East King County total = $7,080 Target Zero Manager (Public Health-Seattle & King County) 5 hours a month x $51 per hour= $255 x 12 months = $3,060 North & East King County Law Enforcement Liaison (Redmond PD) 5 hours a month x $67 per hour= $335 x 12 month = $4,020 TOTAL SUPPORT PERSONNEL = $15,000 TOTAL WAGES = $215,360 Public Education and Media Campaigns: King County Target Zero Managers will partner on education/outreach and media campaigns related to high profile events and holidays (examples but not limited to Sea Fair weekend, Halloween, Super Bowl Sunday, Cinco de Mayo, etc.). $1,000 x 8 education/media campaigns = $8,000 TOTAL EDUCATION AND MEDIA = $8,000 OTAL GRANT REQUEST KING COUNTY $223,360 This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7M �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Police Records Specialist Position — Authorize MOTION: Authorize the Mayor to add a Records Specialist position to the police department. SUMMARY: During the 2011 budget process, the Police Department eliminated two non-commissioned positions and placed some additional commissioned officer positions on hold. One of the non-commissioned positions eliminated was a records specialist. Shortly after the announcement of the layoff in records, one of the existing records supervisors announced her retirement to be effective in June of 2013. At that time, the Chief asked for and was authorized to temporarily maintain the position that was cut until the retirement occurred. The temporary position was funded from the Criminal Justice budget. Support Services Manager Sheila Knapp conducted a manpower analysis of the records division. Based upon the new Tiburon records management upgrade there are additional responsibilities of the record specialist staff. Quality control, matching supplemental reports and validation of crime reporting data will result in an additional 25% to 35% workload of existing staff. The Finance Department has confirmed that the Criminal Justice Fund can fund and sustain a records specialist position. The plan is to promote an existing records specialist to the position of records supervisor to backfill for the supervisor that is retiring and then hire a new records specialist to bring the staffing in records to the current level. EXHIBITS: None RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: This position will be funded out of the criminal justice budget. This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7N �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Valley Special Weapons and Tactics Team Interlocal Agreement for Services — Authorize MOTION: Authorize the Mayor to enter into an interlocal agreement for services of Valley Special Weapons and Tactics Team for response to serious criminal occurrences in jurisdictions that are not participating members of VSWAT, with final terms and conditions acceptable to the city attorney and police chief. SUMMARY: The Valley Special Weapons and Tactics (VSWAT) team is a multijurisdictional SWAT team in which the cities of Kent, Renton, Federal Way, Auburn, and Tukwila, as well as the Port of Seattle, participate. VSWAT responds to emergency callouts in which a tactical team is necessary within the jurisdictions of the participating agencies. From time to time, however, VSWAT is called to assist outside jurisdictions when the resources of outside jurisdictions are stretched to their limits. Smaller jurisdictions which do not maintain a SWAT team or participate in a regional SWAT team have requested the assistance of VSWAT. This is a form agreement that will allow a smaller agency to contract for the services of VSWAT for assistance in high risk police responses. VSWAT will retain discretion to refuse service on a situational basis. In addition, the city requesting the services of VSWAT will be required to cover the entire cost of VSWAT's response, and will be required to defend and indemnify VSWAT in the event of a claim or lawsuit. EXHIBITS: Interlocal Agreement RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None This page intentionally left blank. CAG-12-129 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO (NON- PARTICIPATING JURISDICTION) THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties. In consideration of the mutual covenants below,the parties agree as follows: 1. PARTIES. The parties to this Agreement are (non-participating jurisdiction), a political subdivision of the State of Washington, and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and the Port of Seattle, a port district, operating under the laws of the State of Washington. 2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93 (Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 3. PURPOSE. The (non-participating jurisdiction) does not participate in the Valley Special Weapons and Tactics Team ("VSWAT"), but desires to have the VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary. Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed an interlocal agreement to organize and operate the VSWAT and might agree to allow the VSWAT to assist the (non-participating jurisdiction) under certain circumstances. This Agreement is intended to reflect the applicable terms and conditions between the parties if the VSWAT's services are provided to the (non- participating jurisdiction). -4. DURATION AND TERMINATION. The term of this Agreement shall be effective through December 31, 2012. This Agreement shall automatically extend for consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this Agreement. , Any party to this Agreement may terminate this Agreement by providing written notice of its intent to terminate to all other parties. A notice of termination shall become effective thirty (30) days after service of the notice on the contract representatives, set forth below, for all other parties. In the event that a party does not generally and consistently comply with the conmlitments outlined in this Agreement, the issue will be presented to the VSWAT Operations Board for final resolution. Remedies may include establishing a timeline for compliance, a temporary reduction in involvement for a prescribed period of time, or termination of the Agreement. 5. REQUEST FOR ASSISTANCE. The Chief of Police for non- participating jurisdiction) or any eorranissioned officer who is expressly authorized herein may request the assistance and services of the VSWAT. Such request shall be directed to the Lead VSWAT Commander. The VSWAT may or may not agree to provide its services, at the sole discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the VSWAT ILA for non participating agency Page 1 of 7 Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to make their members of the VSWAT available to the (non-participating jurisdiction). (name &rank or position) or (name & rank or position) is authorized to request VSWAT assistance on behalf of (non-participating jurisdiction). 6. CHAIN OF COMMAND. If the request for assistance and services is granted, the (non participating jurisdiction) representative shall notify the Lead VSWAT Conmiander of the identity of a conunand level officer from the non- participatingjurisdiction)who shall act as the Incident Commander for the non- participating jurisdiction) (hereinafter"Incident Commander"). The Incident Commander for_ (non-participating jurisdiction) shall assume overall command and responsibility for the incident. The Incident Commander shall establish a command post outside the inner perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult with the VSWAT Tactical Commander and evaluate the tactical options presented by the VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the implementation of the plan. If the Incident Commander and VSWAT Tactical Commander cannot agree on a tactical plan,the VSWAT shall leave the scene. non- participating jurisdiction) shall then handle the situation with its own resources. 7. VSWAT OPERATIONS. If the VSWAT's services are provided to the (non-participating jurisdiction) the team will generally operate in accordance with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the VSWAT Tactical Cormnander for the circumstances. 8. COMPENSATION. (non-participating_jurisdiction) agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs incurred in connection with the provision of services by the VSWAT as a result of the VSWAT call-out to the (non-participating jurisdiction) including, but not limited to, the cost of repairing or replacing any property, and all incidental expenses incurred by the VSWAT team members in providing services pursuant to the request for services by (non-participating jurisdiction). 9. ACCEPTANCE OF LIABILITY BY (non- Participating jurisdiction). (non-participating jurisdiction) agrees that any liability or claim arising out of the actions or inactions of the members of the VSWAT acting within the course and scope of their duties when the VSWAT provides services at the request of_ (non-participating jurisdiction) shall be the responsibility of non- participating jurisdiction) . This provision is intended to expressly allocate liability by written agreement as authorized by RCW 10.93.040 and is controlling over the default liability VSWAT ILA for non participating agency Page 2 of 7 allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification or payment of any judgment against any individual or party for intentional wrongful conduct outside the scope of employment of any member of the VSWAT or of any judgment for punitive damages against a VSWAT member or party to this Agreement. Payment of punitive damages, if any, shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer if that employer elects to make said payment. In furtherance of the above provision, (non-participating jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably acceptable to the other parties and any named officers, the other parties to this Agreement and their officers, officials and employees from any loss, claim or liability arising from or out of any alleged or actual negligent tortious actions or inactions of the VSWAT, its members and supervisors, that might occur or allegedly occur while (non-participating jurisdiction) receives the assistance of VSWAT within its jurisdiction. In the event that a claim or lawsuit is brought against a party or its eniployee(s) for actions arising out of their conduct in the operation of the VSWAT, such party shall promptly notify the other parties that said claim or lawsuit has been filed or commenced. The parties to this Agreement and their respective legal counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate with the defense of any lawsuit arising out of the operations of the VSWAT; provided this cooperation does not require the parties to share any out of pocket litigation costs. Said costs will be the responsibility of (non-participating jurisdiction). Upon request by another party, each party shall disclose to the other parties the terms of their respective liability insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self-insured pool or organization is not required to make this Agreement effective between the parties, and the failure of any insurance carrier or self-insured pooling organization to agree to follow the terms of this Agreement on liability allocation shall not relieve any party from its obligations under this agreement. 10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or finds are anticipated, nor shall any be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is there any acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. 11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall, pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of police of each participating agency for the purposes of authorizing officers of VSWAT to enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or VSWAT ILA for non participating agency Page 3 of 7 police chief of each participating agency consents to the full exercise of peace officer powers within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT related activities. 12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King County, Washington and the laws of the State of Washington shall apply. 13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or ordinance of the governing body of each jurisdiction, where necessary. 14. CONTRACT REPRESENTATIVES. Each party shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives areas follows: Port of Seattle: Chief Colleen Wilson, or her successor City of Auburn: Chief Bob Lee, or his successor City of Federal Way: Chief Brian Wilson, or his successor City of Kent: Chief Ken Thomas, or his successor City of Renton: Chief Kevin Milosevich, or his successor City of Tukwila: Chief Mike Villa, or his successor Chief or his/her successor (non-participating jurisdiction) 15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 16. SEVERABILITY. If any part, paragraph, section or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 17. SIGNED COUNTERPARTS. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. 18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last date of execution by the last authorized representative. VSWAT ILA for non participating agency Page 4 of 7 PORT OF SEATTLE Date: Chief Colleen Wilson Date: Tay Yoshitani, Executive Director Attest; Approved as to Legal Form; By: Paul Bintinger,Port Counsel CITY OF AUBURN Date: Bob Lee, Chief of Police Date: Peter B. Lewis, Mayor Attest: Approved as to Legal Form: By: Steven L. Cnoss,Assistant City Attorney CITY OF FEDERAL WAY _ Date: i/), Brian W' n, Chief of Police V\-- Date: Skip Priest, Nfayor —� e,t; A roved s t Form; ByPatricia Richardson, City Attorney VSWAT ILA for non participating agency Page 5 of 7 iO F Date: O'Sh 1 13 Ken Thomas, Chief of Police Date: Suzette Cooke,Mayor Attest: A Pr6v s fo Fo By: `1 t itzpa rick, epu y orn CITY NTO p Date: Cd���/� Chie vm Milosed Date: Attes r; A oved as to Fon. � y:BonnieWaltg0,:City Clerk Lawrence J. Warren," City Attorney CITY OF TUI�WILA Date: Mike Villa, Chief of Police ~ Date: J' aggerton, est: j rove`dasAtonForm: By: /(,g , jayµ c lNC%�hlc 'AQcW:]L�(Or) , City Attorney VSWAT ILA for non participating agency Page 6 of 7 CITY OF Date: Chief of Police Date: Mayor/City Manager Attest: Approved as to Legal Form: By: Counsel for i i VSWAT ILA for non participating agency Page 7 of 7 This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 70 �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: Excused Absence for Council President Higgins — Approve MOTION: Approve an excused absence from Council President Higgins as he is unable to attend tonight's Council meeting. SUMMARY: EXHIBITS: RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None This page intentionally left blank. KENT....,o Agenda Item: Bids — 9A �. _ � TO: City Council DATE: June 18, 2013 SUBJECT: 237th Place Watermain Materials — Accept MOTION: Move to award the 237th Place Watermain Materials Project contract to the lowest responsive bidder, HD Supply Waterworks in the amount of $51,169.05, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The existing watermain on 237th Place is approximately 50 years old and has had a number of breaks in recent years. As such, it has been identified as needing replacement. Staff will replace the existing infrastructure this summer as part of a watermain replacement program. Staff has been performing small project watermain replacements with internal crews for almost 10 years. This has proven to be a cost effective technique for accomplish- ing small projects while cross-training operations staff on construction techniques. EXHIBITS: Memorandum dated June 11,2013 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funding will come from Water Utility Capital Funds. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: June 11, 2013 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 237th Place Watermain Materials - Award Bid opening for this project was held on June 11, 2013 with three bids received. The low bid was submitted by H.B. Jaeger Co., LLC in the amount of $44,283.07: however, due to errors on their bid we have determined it is non-responsive. Therefore, we recommend awarding this contract to HD Supply Waterworks in the amount of $51,169.05. Bid Summary 01. H.B. Jaeger Co., LLC $44,283.07 (non-responsive) 02. HD Supply Waterworks $51,169.05 03. H.D. Fowler Co., Inc. $58,949.95 This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. PUBLIC WORKS COMMITTEE MINUTES May 20 ..2013.... Committee Members Present: Committee Chair Elizabeth Albertson and Committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:04 PM. Item 1 - Approval of Meeting Minutes Dated May 6, 2013: Committee member Ralph MOVED to approve the minutes of May 6, 2013. The motion was SECONDED by committee member Higgins and PASSED 3-0. Item 2 - DRAFT 2014-2019 Six-Year Transportation Improvement Program: Senior Transportation Planner, Cathy Mooney gave a brief PowerPoint presentation. Mooney noted the Six-Year Transportation Improvement Program (TIP) represents the City's proposed transportation improvement work program for the next six years. It includes planning studies, bicycle, street, traffic signal, pedestrian, and transit improvements as well as street maintenance and preservation projects. Mooney's presentation highlighted that the TIP: • Is updated annually • Declares a list of projects, plans and programs by year • Allows projects to be eligible for grants (must be on the list to be eligible) • Is a significant planning tool used by other agencies • Includes four railroad grade crossings have been returned to this 6-Year TIP due potential that another 18 trains each day will come through Kent loaded with coal and possibly crude oil. • Carries over 12 Intersection Improvement Projects that were recommended by a Citizen's Advisory Committee in 2012 • 6-Year TIP Project Map showing projects that are planned to begin in the next year or are under construction. • Noted 2014 Changes to the TIP • Added in four Railroad grade crossings • Changed of scope on four projects combined them into two • Street Preservation now shows the full cost of $60 million over 6 years - accounting change There was discussion regarding the Citizen's Committee and what type of outreach had been done to let them know about the DRAFT 2014-2019 Six-Year TIP. Albertson said she dissolved the committee. If another committee was formed she wanted members to go through an application process like other committees in the city. Mooney reminded committee members that the TIP can be changed anytime PUBLIC WORKS COMMITTEE MINUTES May 20,..2013.... throughout the year. After much discussion it was decided that this item will go on the May 21, Council Consent Calendar and under Public Hearing on June 4, 2013. Committee member Higgins MOVED to recommend that the Public Works Committee forward the DRAFT 2014-2019 Six-Year Transportation Improvement Program (TIP) to the full Council and recommend that Council set a date for a Public Hearing. The motion was SECONDED by committee member Ralph and PASSED 3-0. Item 3 — Information Only/Hawley Road Levee Improvements — Phase II Change Order: Mark Howlett, Design Engineering Manager gave brief PowerPoint presentation showing photographs of the Hawley Road Levee Improvements Project. Howlett noted that the City, in conjunction with the King County Flood Control District, was successful in obtaining a $900,000 grant from the Washington State Legislature to fund reconstruction of this levee. This grant was budgeted in the state's 2011 to 2013 biennium and it is possible that these funds may be reallocated by the state and would no longer be available to the City after July 1' Howlett went on to state that because of the potential loss of the grant money, the City began construction of Phase I of the project this spring. Phase I is nearly complete and we have now acquired the property rights needed to complete Phase II. In order to preserve the best interests of the City we are looking into pursuing a potential change order to expedite the project with the existing contractor SCI, as well as the option to bid the remainder of the work. The Phase I work was $541,925.36. The remaining Phase II work is approximately $450,000 and will complete the levee on this reach. Information Only/No Motion Required Item 4 — Information Only/Recycling Event for Residents on June 1, 2013: Gina Hungerford, Conservation Specialist noted the City of Kent will host a Special Recycling Event and Recycled Products Sale for city residents on June 1, 2013 at the Phoenix Academy parking lot located at 11000 SE 264th from 9:00 AM until 3:00 PM. Residents can bring items not easily recycled at the curb. In addition, they may purchase Composters, Rain barrels, and, new this year — Worm Bins, while supplies last. A flyer will be going out in the mail. PUBLIC WORKS COMMITTEE MINUTES May 20,..2013.... Hungerford noted that this event is paid for by grants from King County's Solid Waste Division and Local Hazardous Waste Management Program, and Washington State Dept. of Ecology grants. Information Only/No Motion Required Item 5 — Information Only/Kent Litter Free Event — June 8, 2013: Gina Hungerford, Conservation Specialist stated that on June 8, 2013 the City will host the first Kent Litter Free Event. Residents, businesses, youth groups and faith- based organizations have been invited to help beautify Kent by picking up litter throughout the community. Volunteers will sign in and pick up litterbags at the event table stationed between City Hall and the Police Department located at 220 4th Avenue South at 9:00 AM. From there, they will head to their cleanup sites and return with their filled bags by noon. Local restaurants have been invited to offer discounts as a means of thanking volunteers for their efforts. It should be a fun day. For more information go to http://www.ci.kent.wa.us/adopt-a-street/ . Information Only/No Motion Required Added Item: Briscoe/Desimone: Tim LaPorte, Public Works Director noted that the Flood Control District passed the Interlocal Agreement giving the City of Kent lead on construction of the Briscoe/Desimone Levee. This item will go to the full Council on May 21, 2013. The meeting was adjourned at 4:44 PM Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION