HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 06/15/2015 (3) I
Public Works Committee Agenda
Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair
June 15, 2015
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Higgins 1
2. Roll Call Chair Higgins 1
3. Changes to the Agenda Chair Higgins 1
4. Approval of Minutes, dated June 1, 2015 YES Chair Higgins 3 3
5. Six Year Transportation Improvement Plan YES Monica Whitman 10 7
6. Agreement with T-Mobile West LLC for Cell YES Chad Bieren 05 45
Site in the Right-of-Way
7. Downtown Railroad Quiet Zone YES Tim LaPorte 10 75
Aaron BeMiller
8. Information Only/Stormwater Utility Rate NO Alex Murillo 15 77
Update Kristin Lykken
9. Information Only/King County Flood Control NO Mark Madfai 10 79
Zone District Allocation for the Milwaukee II
Levee
10. Information Only/East Valley Highway - NO Tim LaPorte 10 81
Update
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA
98032.
For additional information please contact Cheryl Viseth at 253-856-5500.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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Public Works Committee Minutes 3
June 1, 2015
Item 1 - Call to Order: The meeting was called to order at 4:01 p.m. by Committee Chair,
Dennis Higgins.
Item 2 - Roll Call: Committee members present: Higgins, Ralph and Fincher.
Item 3 - Changes to the Agenda: None
Item 4 - Approval of Meeting Minutes Dated May 18, 2015:
Committee member Fincher MOVED to approve the minutes of May 18, 2015. The motion
was SECONDED by Committee member Ralph and PASSED 3-0.
Item 5 -Six Year Transportation Improvement Plan (TIP):
Senior Transportation Planner, Monica Whitman noted that The Draft 2016-2021 Six Year
TIP was brought before the committee previously on May 18, 2015 as a first version but
that there have been some changes since that time. The TIP represents the City's
proposed transportation improvement work program for the next six years. Per RCW
35.77.010, the six-year plan for each city shall specifically set forth those projects and
programs of regional significance for inclusion in the transportation improvement program
within that region. The program is also required to be consistent with the Kent
Comprehensive Plan.
Including projects in the Six Year TIP allows the City to look for funding partners and
apply for grants. Most State and Federal agencies require that projects being submitted
for grants be included in a City's adopted Six Year TIP.
The TIP has been paired down over $180 million from last year. The TIP is used as a
communication piece within the city, as guidance for what grants staff will pursue and it's
also used to compete with neighboring agencies/jurisdictions. The TIP must be cohesive
with the Comprehensive Plan and it can no longer include "aspirational" type projects. The
TIP is required to have projects and programs that are regionally significant and with a
sound funding mechanism. Since the May 18 meeting the Bicycle Advisory Board Chair,
Mel Robert's comments prompted a change to project number 8, the South 224th street
extension. The description of the shoulder has been changed to a 5 foot paved shoulder
that will accommodate bicycles. Chair Higgins recommended reintroducing the bicycle
improvement program. While this is a helpful catch all to staff; it is proving challenging to
do. Director LaPorte commented that challenges being debated are that in the past we
have used more aspirational projects. Changing the TIP is not a timely process.
The question was asked, what is the penalty for having more aspirational projects in it?
There are pros and cons to both approaches. Committee Chair Higgins stated that in the
past we've been overly inclusive, probably not the right thing to do. However, some
projects were on there to garner protection and support. If we take them out entirely, it
sends the wrong message. Also, the Quiet Zone was removed but now we are on the
verge of finding funding in the near future and would like to see it added back. The Quiet
Zone and the Bicycle program merit being added back in. Transportation Planner Whitman
commented that there are two options to address this. One would be to put it in the plan
at $1.5 million over 6 years. The statute states it that projects in the TIP must be a
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Public Works Committee Minutes 4
June 1, 2015
funded program. Option two would be to bring the programs to the committee to discuss
prior to next year's TIP; anything added back in should be on a limited basis.
Director LaPorte requested two weeks to get back to the committee on these items.
Committee member Ralph clarified that the bicycle program exists in individual projects.
15% of capacity projects include bicycle improvements. She noted that she could go
either way as long as improvements are a part of the conversation as we do projects so
that these items that come off the plan do not get lost. Assistant City Attorney, David
Galazin, pointed out that previously our 6-Year TIP has included too many projects and
that we are looking to bring it back to what is funded and realistic. Committee member
Fincher commented that she is okay with taking another couple of weeks but does not
want removed projects to be forgotten.
Topic was tabled until the June 151h meeting.
Item 6 — Cheema Short Plat Sensitive Area Release:
City Engineer, Chad Bieren noted that the Cheema Short Plat was approved by the City on
May 3, 2007. Due to the economic slowdown, the development was never completed and
the plat expired on May 3, 2011. Prior to expiration, the developer granted the City an
easement for a Sensitive Area located within the proposed development. The property
owner is now interested in selling the vacant parcel and has requested that the city
release the easement, which requires Council approval. Staff recommendation is to
release the easement since the City does not need the easement at this time. If a new
plat is proposed, sensitive areas would be protected under the code in force at the time of
the proposal. Committee Chair Higgins noted that he is confused by the idea of returning
the easement to the property owner when and if they sell the property they will probably
be restricted to stricter requirements. City Engineer Bieren noted that banks are being
very careful about any encumbrances on properties. They want to make sure the land is
free and clear. Committee Chair Higgins commented that any developer that proceeds and
applies for land use permits will be under stricter environmental regulations.
Committee member Ralph MOVED to recommend Council release the Sensitive
Area Easement on the Cheema Short Plat, subject to final terms and conditions
approved by the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Fincher and PASSED 3-0.
Item 7 — Information Only/Channelization on 109th:
Joe Araucto, Pavement Management Engineer 3 noted that 109th Avenue from SE 256th St
to SE 248th St will be overlaid in 2015. This roadway segment is classified as a residential
collector arterial. At the intersections with SE 248th St and SE 256th St, there are separate
lanes for left turning traffic. The parcels adjacent to this roadway are primarily multi-
family developments (combination of condominiums and apartments) with a few single-
family residents at the north end. Access to the multi-family developments are focused at
several driveways which are served by the two-way left turn lane in the center of the
roadway.
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Public Works Committee Minutes 5
June 1, 2015
With the future overlay, staff has evaluated the feasibility of modifying the existing
channelization to incorporate bicycle lanes or shared use markings. The existing roadway
width is not sufficient to include exclusive bicycle lanes. However, there is sufficient width
to mark the majority of the roadway as shared by motor vehicles and bicycles. 'Sharrows'
are the uniform markings used to designate this shared travel lane configuration.
Although sharrow markings have been used in other jurisdictions in the region, this will be
the first location where they are used in Kent. A list of needed overlays was presented by
the Department in January and this will be the first of the projects that are to be funded
by the Solid Waste Utility Tax; bids to open in a week. Director LaPorte noted that the
option to add a bike lane would be divided into two parts. First would be to replace the
pavement, look at speeds and usage and then add the bike lanes after. An important
question is how important are the turn lanes and do we need them. We could do away
with the turn lanes and then add the bike lanes or add additional right of way. The plan is
to come back to committee in August after the pavement is complete and present options.
There will be a neighborhood analysis done and the police department will be brought in
as well. Committee Chair Higgins commented that he would like to see the neighborhood
included as well.
Information Only/No Motion Required
Item 8 - Information Only/South Central Avenue Open House:
Mark Madfai, Design Engineering Supervisor explained that Construction for the Central
Avenue S. Improvement Project is anticipated to start in July and will repair failing
pavement sections including replacement of curb, gutter and sidewalk and provide a full
width overlay of the roadway. Also, included in the project will be the replacement of the
water main and relining of the sanitary sewer main.
An open house was held on Wednesday May 27 at the Kent Senior Center. Design
Engineering Supervisor Mark Madfai noted that attendance was light but those that
attended seemed excited and gave positive feedback. The project opens for bid on June
9th and staff will return to Committee with options available for the tree replacements,
staff is also looking into the possibility of planters.
Information Only/No Motion Required
Item 9 -Information Only/ Quiet Zone Analysis:
Public Works Director Tim LaPorte, at the Committee's request, provided background
information regarding the potential for a Local Improvement District (LID) to help pay for
a railroad Quiet Zone in downtown Kent. A successful LID was formed for a Quiet Zone in
Vancouver, Washington and Kent has had a lot of success with LID's.
Several years ago we met with Railroad and Federal Rail Administration officials and made
a preliminary determination of improvements needed for a Quiet Zone in downtown Kent.
If the Council wanted to move forward with this endeavor, an outside appraisal consultant
would need to be hired to determine the potential for LID special benefit.
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Public Works Committee Minutes 6
June 1, 2015
We anticipate that the cost for determining whether or not it is feasible to move forward
with a LID (a feasibility analysis) would be in the order of $100K. This would include
consultant fees for an appraiser, noise expert, Quiet Zone expert and staff time.
If after review of the feasibility analysis, Council desired to then move forward with a LID
for this purpose, a very rough idea of the LID establishment process cost is approximately
an additional $200K. Staff met with Finance Director, Aaron BeMiller, and discussed
alternative for financing. The General Fund is short and it is difficult to recommend this
program without a means for funding it and we must look at the cost risk with moving
forward. The analysis is a good tool but where would the funds come from; this is not a
grand funded project and funding cannot be guaranteed for the Council at this time.
Committee Chair Higgins suggested putting this subject before the Council to see about
funding the study through the Strategic Opt Fund. He further noted that the noise from
the railroad is holding back the full potential of Kent's downtown and there has been
intent for several years to see this project go forward. Both Committee members Ralph
and Fincher are in agreement that the Quiet Zone Project should move forward if possible.
Director LaPorte agreed to come back before the committee in two weeks with an action
item that gives other funding options as well as a list of programs that may have to be
tabled if we move forward with funding for the Quiet Zone study. Committee Chair
Higgins noted that although as citizens we live with the noise and tolerate it, he does
believe it's a bigger impediment to those we want to attract to the City.
Information Only/No Motion Required
The meeting was adjourned at 4:51 p.m.
Kara Moore
Council Committee Recorder
4
7
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 10, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Monica Whitman, Senior Transportation Planner
Through: Chad Bieren P.E., City Engineer
Subject: Amended 2016-2021 Six Year Transportation Improvement
Program (TIP)
Motion:
Move to recommend the Public Works Committee forward the Draft 2016-
2021 Six Year Transportation Improvement Program (TIP) to the full
Council and recommend that Council set a date for a Public Hearing.
Summary: The Draft 2016-2021 Six Year TIP represents the City's proposed
transportation improvement work program for the next six years. Per RCW 35.77.010,
the six-year plan for each city shall specifically set forth those projects and programs of
regional significance for inclusion in the transportation improvement program within
that region. The program is also required to be consistent with the Kent
Comprehensive Plan.
Including these projects in the Six Year TIP allows the City to search for funding
partners and apply for grants. Most State and Federal agencies require that projects
being submitted for grants be included in a City's adopted Six Year TIP.
Since the June 1, 2015 Public Works Committee meeting, based on feedback from
committee members and in consultation with legal staff, the introduction of the TIP has
been revised as well as the list of projects to include: The Traffic Signal Management
Program, the Bicycle System Improvements Program and the Quiet Zone for Downtown
Urban Center.
Exhibit: Draft 2016-2021 Six Year Transportation Improvement Program
Budget Impact: Each project or program within the TIP has a different budget impact
as noted in the narrative.
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9
CITY OF KENT
WASHINGTON
SIX YEAR
TRANSPORTATION IMPROVEMENT PROGRAM
2016 - 2021
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Mayor Suzette Cooke
KENT
Timothy J. LaPorte, PE,
Director of Public Works
10
Table of Contents:
1. Resolution adopting the 2016 — 2021 Six Year TIP (Place Holder) ...i-ii
2. Introduction ...................................................................................................iii-v
3. Listing of the Projects .............................................................................. vi-vii
4. Table 2016 — 2021 Six Year TIP Cost Estimates ................................. viii
5. Map of the Projects (Place Holder)............................................................... ix
6. Project Descriptions ................................................................................. 1-27
7. Contact Information ....................................................................................... 28
On the Cover: SE 256th Street Improvements Completed in 2015
11
Introduction
Overview
The 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 Transportation Master Plan. The TIP
represents Kent's current list of needed projects that are anticipated to begin
preliminary engineering, right of way acquisition or construction within the next six
years. The TIP also includes ongoing citywide transportation programs. Projects
and programs included in the plan are those that are considered to be regionally
significant.
The document identifies secured or reasonably expected revenue sources for each
project or program. The TIP serves as a draft work plan for the development of the
local transportation network. Once adopted, the TIP will guide funding and
implementation priorities during the development of the transportation portion of
the Six -Year Capital Improvement Program (CIP). The CIP shows the City-funded
portion of projects and is constrained by current budget forecasts, whereas the TIP
shows a complete project list with the variety of funding sources and partners
involved.
Historically, the largest sources of funding for TIP capital projects have been grants.
Funding for transportation projects is available from federal, state and local
resources. Each funding source has specific rules and guidelines about what types
of projects they will fund, how much of a project will be funded and timelines for
expenditure of funds. Additionally, most grant programs require a funding match,
which means that the City must also contribute funding to the cost of a project.
The City of Kent funds transportation capital projects using the General Fund,
Street Fund, Local Improvement Districts, Transportation Impact Fees, Business
and Occupation Tax, Solid Waste Utility tax, and grant revenue from local, state
and federal governments. One of the reasons the TIP is updated annually is
because many of these revenue sources are so closely tied to the health of the
economy they can be somewhat unpredictable.
Document structure
Each project or program listed in the TIP includes an estimated cost, the amount of
funding secured or unsecured and the funding source(s). If grant funding has been
secured from a specific source, it is identified. Projects listed that are necessary to
accommodate growth and allow the City to maintain its adopted Levels of Service
may be funded in part by transportation impact fees. The costs for projects
programmed in the first three years of the TIP have been developed with a higher
level of certainty whereas those in the latter three years have been developed with
less specificity, as those projects are generally less defined.
12
Requirements
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.010). It represents an important planning component under the
State's Growth Management Act. The TIP may be revised at any time during the
year by a majority of the Council, after a Public Hearing.
In order to compete for transportation funding grants from Federal and State
sources, granting agencies require that projects be included in the TIP. The State's
Safe Routes to School (SRTS) program, for example, requires that potential
projects be included in the TIP in order to be eligible for funding. The Public Works
Department will be partnering with the Kent Police Department and the Kent School
District to apply for a number of SRTS projects included in the TIP over the Six Year
planning horizon.
The Six Year TIP is also required to be consistent with the transportation element of
the Comprehensive Plan pursuant to RCW 35.77.010.
Changes to the TIP
The City is in the process of updating our Comprehensive Plan, scheduled for
adoption by June 30, 2015. For the 2035 Comprehensive Plan update, the first six
years of the plan are financially constrained, meaning that secured funding is
demonstrated within an approved budget or similarly approved funding action.
Subsequently, the 2016-2021 TIP has been revised to reflect projects that will likely
be constructed using existing funding sources as well as the City's historical record
of average grant disbursements. Capital Streets Projects that do not have any
identified funding sources have been removed from the plan.
PROJECTS ,ADDED PROJECT TYPE ' COMMENTS'
lst Avenue North Improvements Street Improvements Regional Mobility
(Smith St to James St) Grant, City funds
80th Avenue South Widening Street Improvements Eligible for TIB Funds
PROJECTS REMOVED PROJECT TYPE ' COMMENTS,
Willis Street (SR 516)/Burlington Railroad Grade Unfunded
Northern Santa Fe Separation
South 212th Street/Burlington Railroad Grade Unfunded
Northern Santa Fe Railroad Separation
SE 248th Street Improvements Street Improvements Unfunded
Military Road South at Reith Road Intersection t Unfunded
Im rovemen
Willis Street (SR 516)/Union Pacific Railroad Grade Unfunded
Railroad Grade Separation Separation
South 212th Street/Union Pacific Railroad Grade Unfunded
Railroad Grade Separation Separation
13
PROJECTS REMOVED (CONTINUED) PROJECT TYPE ' COMMENTS
Panther Lake Signal System Signal System Unfunded
Integration. Upgrade
Smith and Central Avenue Intersection Unfunded
Intersection Improvement Improvement
SE 240th St and 104th Ave SE (SR Intersection Unfunded
515) Intersection Improvement Improvement
Military Road South Widening Street Widening Unfunded
132nd Avenue Southeast Widening, Street Widening Unfunded
Phase I (Kent Kangley to SE 248th St)
132nd Avenue Southeast Widening, Street Widening Unfunded
Phase II SE 248th St to SE 240th St
Kent Kangley Road (SR 516) & 132nd Intersection Unfunded
Avenue SE Intersection Improvement Improvement
South 260th Street & Pacific Highway Intersection
South (SR 99) Intersection Improvement Unfunded
Improvement
SE 256th Street & 104th Avenue SE Intersection Unfunded
SR 515 Intersection Improvement Improvement
South 212th Street/84th Avenue S Intersection Unfunded
Intersection Improvement Improvement
Meeker Street and Washington Intersection Unfunded
Avenue Intersection Improvement Improvement
South 272nd Street and Military Road Intersection Unfunded
South Intersection Improvements Improvement
Residential Traffic Calming Program Citywide Program Unfunded
Miscellaneous Intersection Citywide Program Unfunded
Improvements
Comprehensive Plan Update Citywide Program Unfunded
14
Project Project Name
Number Project Location and Extent
1. Kent Kangley Road Pedestrian Safety Improvements
104th Avenue SE to 124th Avenue SE
2. 1st Avenue North Street Improvements
Smith St to James St
3. South 228th Street/Union Pacific Railroad Grade Separation
Grade separation crossing at Union Pacific Railroad
4. 72"" Avenue South Extension
South 200th Street to South 196th Street
5. Traffic Control Signal System
Citywide
6. Safe Routes to Schools Improvements at Meridian Elementary
25621 140th Avenue SE
7. Safe Routes to Schools Improvements at Neely O'Brien
Elementary
6300 N 236th Street
S. Safe Routes to Schools Improvements at Daniel Elementary
11310 SE 248th Street
9. Kent Regional Trails Connector
Green River Trail to Interurban Trail at S 218th St
10. SE 208th Street & 108th Avenue SE (SR 515/Benson Highway)
Intersection Improvements
Intersection Operations Enhancement
11. South 224th Street Extension
84th Avenue South to 104th Avenue Southeast (SR 515/Benson
Highway)
12. 80th Avenue South Widening
South 196th Street to South 188th Street
13. Central Avenue South Improvements
Green River Bridge to East Willis Street (SR 516)
14. Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
15
Project Project Name
Number Project Location and Extent
15. James Street Bicycle Lanes
Interurban Trail to Washington Avenue (SR 181) and 800 feet east of
the Green River Trail
16. Safe Routes to Schools Improvements at Meadow Ridge
27710 108th Ave SE
17. Safe Routes to Schools Improvements at Horizon Elementary
27641 144th Avenue SE
18. Panther Lake Signal System Integration
19. S 212th Street and 72"" Avenue South Intersection
Improvement
Intersection Operations Enhancement
ONGOING CITYWIDE PROGRAMS
20. Street Preservation Program
Ongoing Citywide Program
21. Traffic Signal Management Program
Ongoing Citywide Program
22. Channelization (Street Markings) Improvement Program
Ongoing Citywide Program
23. Bicycle System Improvements
Ongoing Citywide Program
24. Sidewalks, Sidewalk Repair and the Americans with
Disabilities Act Compliance Program
Ongoing Citywide Program
25. Guardrail and Safety Improvements
Ongoing Citywide Program
26. Community Based Circulating Shuttles
Ongoing Citywide Program
27. Railroad Quiet Zone for Downtown Urban Center
Ongoing Citywide Program
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17
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #1: Kent Kangley Pedestrian Safety Improvements
104th Avenue SE to 124th Avenue SE
YEAR: 2016
DESCRIPTION: Add a new mid-block pedestrian crossing of Kent Kangley Road
with median refuge island and Rectangular Rapid Flashing
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. The project is currently under
design. Construction is expected to begin in 2015.
PROJECT COST: Preliminary Engineering ........$74,000
Right of Way Acquisition ...............$0
Construction ....................$342,000
TOTAL............................$416,000
FUNDING SOURCE(S): Washington State Department of Transportation
PROJECT
JUSTIFICATION: Kent Kangley Road (SR 516) is one of the most densely
populated corridors in the City. The section from 104th Ave SE
to 124th 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 PM 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 (104th Avenue SE at 256th Street and
116th Avenue SE 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 safety through the
construction of these engineering improvements combined
with education and enforcement.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
1
18
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #2: 1st Avenue North Street Improvements
Smith St to James St
YEAR: 2016
DESCRIPTION: Sidewalk, curb, gutter, lighting, street trees, drainage, and
parking along the west side of 1st Avenue N between Smith
Street and Temperance Street and added parking along the
west side of 1st Avenue N between Temperance Street and
James Street for a total of 36 added parking spaces in addition
to two new electric vehicle charging stations.
PROJECT COST: Preliminary Engineering .........$50,000
Right of Way Acquisition ................$0
Construction .....................$290,000
TOTAL .............................$340,000
FUNDING SOURCE(S): City of Kent, State Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will provide additional transit access to support the
high parking demand at the Kent Transit Center. The existing
surface and structured parking is full by 7AM on weekdays.
With the current Sounder schedule, half of the AM northbound
commuter trains arrive after 7AM. Commuters that would
otherwise choose to ride the bus or train to access other
regional centers have to drive instead. A missing link of
sidewalk along 1st Avenue N between Smith St and
Temperance St is also within the project area. This area is
heavily used by commuters walking and biking to and from the
Sounder Platform and Metro and Sound Transit bus station
pullouts. This project will complete pedestrian improvements in
the area as well as increase parking and provide electric vehicle
charging stations for commuters.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
2
19
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #3: South 228th Street/Union Pacific Railroad Grade Separation
Grade Separation crossing at Union Pacific Railroad
YEAR: 2016
DESCRIPTION: Construct grade separation of the Union Pacific Railroad
mainline tracks at South 228th Street. The project will include
the construction of a bridge; four-lane vehicle crossing; full-
width paving; concrete curbs, gutters and sidewalks; bicycle
facilities; street lighting; utilities and appurtenances.
Construction is underway, utilities are being relocated. This
project has also been added to the Washington State Freight
Plan.
PROJECT COST: Preliminary Engineering .... $1,500,000
Right of Way Acquisition ... $2,500,000
Construction ................ $20,000,000
TOTAL ........................$24,000,000
FUNDING SOURCE(S): City of Kent, Port of Seattle, FAST, FMSIB, LID, Union
Pacific Railroad
PROJECT
JUSTIFICATION: The project will lead to a seamless connection between major
freight handlers and their primary destinations. This project
will support freight moving through Kent to the Ports of Seattle
and Tacoma, SeaTac Airport and the freeway system. Grade
separating this arterial will increase roadway capacity, decrease
congestion, enhance safety and improve freight mobility in this
corridor and throughout the region. This project will provide
regional connections for thousands of businesses, employers,
and the 40 million square feet of warehouse/industrial space in
the valley. Construction is underway.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
3
20
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #4: 72"d Avenue South Extension
South 2001h Street to South 196th Street
YEAR: 2016
DESCRIPTION: This project completes a missing link by constructing a new
three-lane roadway from South 200th Street to South 196th
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. This project is currently under design.
PROJECT COST: Preliminary Engineering .......$300,000
Right of Way Acquisition ........$75,000
Construction .................. $2,425,000
TOTAL ..........................$2,800,000
FUNDING SOURCE(S): TIB, Regional Fire Authority, City of Kent
PROJECT
JUSTIFICATION: Continued development in the northern Kent industrial area,
and high levels of congestion along West Valley Highway
between the South 180th Street and South 196th Street
corridors, mandate additional north-south arterial capacity.
This project provides some relief for South 180th Street, South
196th Street, and South 212th Street intersections along West
Valley Highway. It also provides improved access to the South
196th Street corridor from industrial development along 72nd
Avenue South by constructing the missing link between South
200th Street and South 196th Street. This roadway connection
provides a direct link from the existing Fire Station on 72nd
Avenue South to the 196th Street corridor, grade-separated
over both the BNSF and UPRR mainline railroad tracks,
dramatically improving emergency response times to a large
area of the Kent Manufacturing/Industrial Center and
warehouse land uses.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
4
21
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #5: Traffic Control Signal System
Citywide
YEAR: 2016
DESCRIPTION: The City will purchase and install a master signal controller unit
capable of supporting flashing yellow left turn arrow (FYLTA)
displays for permitted left turns. This project will also purchase
and install traffic signal controllers for up to 29 individual
intersections. Traffic signals will be modified at up to 14
intersections to display FYLTA signal indications for permissive
left turn movements.
PROJECT COST: Preliminary Engineering .................$0
Right of Way Acquisition ................$0
Construction .....................$400,000
TOTAL .............................$400,000
FUNDING SOURCE(S): Federal Highway Safety Improvement Program (HSIP)
PROJECT
JUSTIFICATION: The current central traffic signal control system is not
compatible with flashing yellow left turn arrow displays for
permissive left turn movements. This type of signal display has
been demonstrated to be much more readily understood by
motorists and has resulted in reduced collision rates involving
vehicles turning left during permissive left turn signal phases.
The upgrade to the legacy central control system and more
advanced intersection traffic signal controllers will allow greater
operation flexibility and improved transportation system
efficiency.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
5
22
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #6: Safe Routes to Schools Improvements at Meridian Elementary
25621 140th Avenue SE
YEAR: 2016
DESCRIPTION: Install a traffic signal at the intersection of SE 256th Street and
140th Avenue SE and construct an asphalt pavement walkway
with an extruded curb along SE 256th Street from approximately
134th Avenue SE to 140th Avenue SE. The traffic signal includes
a traffic surveillance camera and interconnect cable to connect
this signal to the rest of the City's traffic control system. This
project also includes education and enforcement elements
including the purchase of an additional Lidar Radar Unit for the
police enforcement.
PROJECT COST: Preliminary Engineering .........$65,000
Education/Enforcement..........$83,000
Construction .....................$300,000
TOTAL .............................$448,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Meridian Elementary School is located near the intersection of
SE 256th Street and 140th Avenue SE. The school provides
adult crossing guards to help students cross SE 256th Street.
The level of development in the area has increased to the point
that local traffic in the neighborhood and in the communities to
the east of the school has become especially heavy at the
afternoon bell times. A full traffic signal would assist the
crossing guards, the school children, the parents and teachers
arriving/leaving the school and all the local motorists to
maneuver in an orderly way during times of heavy conflict.
Currently students must walk or bike along a wide shoulder on
SE 256th Street. This project would provide asphalt pavement
adjacent to the signal to assist crossing guards, parents,
students, and motorist.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
6
23
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #7: Safe Walking Routes to School Improvements at Neely
O'Brien Elementary School
6300 N 236th Street
YEAR: 2016
DESCRIPTION: Install a new traffic signal and pedestrian crosswalk at the
intersection of 64th Avenue South and South 236th Street.
Project includes the relocation of traffic enforcement cameras,
the installation of a traffic camera and an education and
enforcement element.
PROJECT COST: Preliminary Engineering .........$50,000
Education/Enforcement..........$50,000
Construction .....................$250,000
TOTAL .............................$350,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Neely O'Brien Elementary School is located near the
intersection of 64th Avenue South and South 236th Street.
Students walking to and from school cross 64th Avenue South,
a minor arterial. This signal project will provide an alternative
walking route for those students that live to the east of 64th
Avenue. Education of the students and traffic enforcement is
also a component of this project.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
7
24
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #8: Safe Walking Routes to School Improvements at Daniel
Elementary School
11310 SE 248th Street
YEAR: 2016
DESCRIPTION: Relocate existing crosswalk and overhead crosswalk sign to
provide improved access for students walking to and from
school. This project will also improve traffic flow through this
segment of SE 248th. This project includes minor asphalt paving
and education and enforcement elements.
PROJECT COST: Preliminary Engineering .........$15,000
Education/Enforcement..........$25,000
Construction .......................$60,000
TOTAL .............................$100,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Daniel Elementary School is located along SE 248th which is
classified as a residential collector arterial. SE 248th Street is
also a major walking route for students. The current location of
the crosswalk causes an inefficient flow of traffic and of
students walking to and from school. This project will improve
that flow. Education of the students and traffic enforcement is
also a component of this project.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
8
25
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #9: Kent Regional Trails Connector
Green River Trail to Interurban Trail at South 218th Street
YEAR: 2016
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 212th Street and South 228th Street Corridors
at about South 218th Street in the heart of the Kent Valley. This
12-foot wide multi-use trail for non-motorized users will include
trail lighting, in some locations, to enhance visibility and
encourage year-round usage. Rectangular Rapid Flashing
Beacons and marked crosswalks will be installed where the new
trail crosses midblock at 64th Avenue South and 72nd Avenue
South. A traffic signal for pedestrians and bicyclists crossing
mid-block will be installed on 68th Avenue South (West Valley
HWY). A mechanism for performance monitoring (counting) will
be installed at or near the new traffic signal. The project will
install a steel pedestrian/bicycle bridge over the Mill Creek
between 72nd Avenue South and the Interurban Trail. Federal
funds have been obligated. This project is anticipated to be
completed in 2015.
PROJECT COST: Preliminary Engineering .......$125,000
Right of Way Acquisition ................$0
Construction .................. $1,475,000
TOTAL ..........................$1,600,000
FUNDING SOURCE(S): CMAQ, WSDOT, City of Kent
PROJECT
JUSTIFICATION: This new trail would fill a missing east/west link in the City's
and the region's bicycle network. It would connect two of the
most heavily used regional trails to each other and provide
access for tens of thousands of people to a concentrated
employment center. It would provide alternative mode access
to The Kent Manufacturing/Industrial Center's 1,800 employers,
to recreational activities along the Green River and the Green
River Natural Resources Area and provide additional safety for
all users crossing three major arterial streets in an area with a
heavy mix of truck traffic.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
9
26
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #10: SE 208th Street and 108th Avenue SE (SR 515/Benson
Highway) Intersection Improvement
Intersection Operations Enhancements
YEAR: 2016
DESCRIPTION: Add a second southbound left storage lane on 108th Avenue SE,
widen the receiving lane on SE 208th St, and modify the signal
phasing.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ........$75,000
Construction .....................$575,000
TOTAL .............................$710,000
FUNDING SOURCE(S): HSIP, City of Kent
PROJECT
JUSTIFICATION: State Route 515, also known as The Benson Highway or 108th
Avenue SE, is the primary north south route on the East Hill
and serves as a major transit route. With four to five lanes in
its current configuration, this roadway has been widened to its
practical limits. Improvements to intersections along the
corridor can have positive effects on corridor congestion and
improve efficiency. This project would add queuing capacity for
the southbound left turn movement while continuing to provide
two lanes of through travel. Federal funds have been obligated.
Project is anticipated to be completed in 2015.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
10
27
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #11: South 224th Street Extension
84th Avenue South to 104th Avenue Southeast (Benson Rd) (SR 515)
YEAR: 2016
DESCRIPTION: Construct a three-lane road from 84th Avenue South to 104th
Avenue Southeast (Benson Road) (SR 515), including new
bridges over SR 167 and Garrison Creek. The project will
include the construction of full-width paving; concrete curbs,
gutters and sidewalks; five foot paved shoulders; street
lighting; storm drainage; landscaping; utilities and
appurtenances.
PROJECT COST: Preliminary Engineering .... $3,000,000
Right of Way Acquisition ... $4,000,000
Construction ................ $22,000,000
TOTAL ........................$29,000,000
FUNDING SOURCE(S): City of Kent, LID, TIB
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent's East Hill
and the Green River Valley floor. In order to meet
transportation concurrency requirements of the Growth
Management Act, additional east-west vehicle capacity is
required. Intersections along South 208th/212th Street and
James/Southeast 240th Streets are also at or over capacity. It
is not feasible to widen the James/Southeast 240th Street and
South 208th/212th Street 'corridors' enough to accommodate
forecast traffic volumes without additional east-west capacity
because of existing development and topographic constraints.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
11
28
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #12: 80th Avenue South Widening
South 196th Street to South 188th Street
YEAR: 2017
DESCRIPTION: Widen 80th Avenue South from South 196th Street to South
188th Street to five lanes. This will include four general-
purpose lanes. The project will also include the construction of
full width paving; concrete curbs, gutters, and sidewalks; street li
ghting; storm drainage; utilities and appurtenances.
PROJECT COST: Preliminary Engineering .......$600,000
Right of Way Acquisition ......$800,000
Construction .................. $6,100,000
TOTAL ..........................$7,500,000
FUNDING SOURCE(S): City of Kent, TIB
PROJECT
JUSTIFICATION: The opening of the 196th Street corridor on the south end of the
project and Renton's completion of Oaksdale Avenue South results in
80th Avenue South being a significant north-south corridor serving
the industrial area. Further, concrete curbs and gutters are required
to provide control of roadway drainage and to prevent impacts to
adjacent property owners. Sidewalks and street lighting will provide
safe access for pedestrians.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
12
29
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #13: Central Avenue South Improvements
Green River Bridge to East Willis Street (SR 516)
YEAR: 2017
DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add
service life to the roadway, between the Green River Bridge 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 in
this project is the selective replacement of curbs, gutters,
sidewalks and street trees, as well as minor storm drainage
improvements.
PROJECT COST: Preliminary Engineering .......$500,000
Right of Way Acquisition ................$0
Construction .................. $4,000,000
TOTAL ..........................$4,500,000
FUNDING SOURCE(S): STP, City of Kent
PROJECT
JUSTIFICATION: The existing pavement along this section of Central Avenue
South is exhibiting signs of distress, as demonstrated by
"alligatoring", longitudinal cracking, and cracking of the curbs
and gutters. The service life of this roadway has been reached,
necessitating reconstruction of the roadway. The sidewalk
system is sub-standard in many locations and in need of
replacement.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
13
30
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #14: Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
YEAR: 2017
DESCRIPTION: Improve the intersection of Willis Street and Central Avenue to
provide a right turn lane from southbound on Central 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 .....................$260,000
TOTAL .............................$450,000
FUNDING SOURCE(S): City of Kent, Developer Mitigation
PROJECT
JUSTIFICATION: This project is a traffic mitigation requirement for additional
trips generated by the Kent Station Development. The City of
Kent will be implementing this project that is required of the
developer.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
14
31
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #15: James Street Bicycle Lanes
Interurban Trail to Washington Avenue (SR 181) and 800 feet
east of the Green River Trail
YEAR: 2018
DESCRIPTION: Install bike lanes along James Street from the Interurban Trail
to Washington Avenue South (SR 181). This project will also
eliminate the gap of approximately 800 feet at the west end of
James Street where James Street intersects with the Green
River Trail.
PROJECT COST: Preliminary Engineering .......$150,000
Right of Way Acquisition ................$0
Construction .................. $1,225,000
TOTAL ..........................$1,375,000
FUNDING SOURCE(S): STP, City of Kent
PROJECT
JUSTIFICATION: The proposed bicycle lanes would complete a missing bicycle
link between the Green River Trail and the Kent Regional
Growth Center. This project would provide the first dedicated
bicycle lanes to penetrate what had here-to-for been a barrier
to east/west bicycle travel, State Route 167. Bike lanes
currently extend easterly from this point providing connections
to the King County Regional Justice Center, Kent Station (an
18-acre shopping and entertainment complex), and the Kent
Transit Center. Nearby land uses include historic downtown
Kent, City Hall and the Kent City Center project scheduled to
add 164 urban-style apartments to the downtown core which
began construction in 2014. Filling in the missing links of this
bicycle corridor is expected to encourage more people to utilize
bicycling for more of their trips. The anticipated mode shift
from single-occupant vehicle to bicycle will allow Kent to meet
growth management goals while continuing to comply with its
adopted level of service standards and federal clean air
standards.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
15
32
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #16: Safe Routes to Schools Improvements at Meadow Ridge
Elementary School
27710 108th Avenue SE
YEAR: 2019
DESCRIPTION: Install a 6 foot concrete sidewalk with curb and gutter along the
west side of 108th Avenue SE from SE 273rd Street to SE 272nd
Street. Install a 6 foot concrete sidewalk with curb and gutter
along the south side of SE 272"d Street from 108th Avenue SE to
105th Avenue SE. This project will install a new crosswalk
crossing 108th Avenue SE with Rectangular Rapid Flashing
Beacons and appropriate signage on the north side of the
onramp to the westbound 277th Street Corridor. This project
also includes education and enforcement elements including the
purchase of an additional Lidar Radar Unit for police
enforcement.
PROJECT COST: Preliminary Engineering .......$175,000
Education/Enforcement..........$20,000
Construction .....................$425,000
TOTAL .............................$620,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: Few students currently walk or bicycle to Meadow Ridge
Elementary School. The Kent School District provides bus
transportation for all students living west of 108th Avenue
South and for students living north of the school. This project
will make the pedestrian environment friendlier for all users
and make it an inviting alternative for parents and students to
choose. The City of Kent has a number of programs that
encourage people of all ages to live a more active lifestyle and
makes it a City priority to provide attractive walking and
bicycling facilities. Once these additional sidewalk facilities are
built and the new crosswalk across 108th Avenue SE with
Rectangular Rapid Flashing Beacons is installed, it is anticipated
that many more families will be encouraged to walk their
children to Meadow Ridge rather than drive them to school.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
16
33
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #17: Safe Routes to Schools Improvements at Horizon Elementary
27641 144th Avenue SE
YEAR: 2019
DESCRIPTION: Install a paved pathway on the east side of 144th Avenue SE
from SE 278th Street to SE 276th Place. Install a new midblock
school crosswalk across 144th Avenue SE on the south side of
the school driveway. Install Rectangular Rapid Flashing Beacons
at the new crosswalk and install advance school crossing signs.
This project also includes education and enforcement elements
including the purchase of an additional Lidar Radar Unit for
police enforcement.
PROJECT COST: Preliminary Engineering .........$90,000
Right of Way Acquisition ................$0
Construction .....................$220,000
TOTAL .............................$310,000
FUNDING SOURCE(S): WSDOT, City of Kent
PROJECT
JUSTIFICATION: The purpose of the Safe Routes to Schools Program is to
encourage more students to walk and bicycle to and from
school rather than being driven by their parents. Through a
combination of engineering enhancements to the built
environment plus education efforts aimed at the students and
their parents, it is hoped that families will increase the number
of walking and biking trips they make to their local school.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
17
34
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #18: Panther Lake Signal System Integration.
YEAR: 2019
DESCRIPTION: This project includes extension of communication cable to traffic
signals in the recently annexed area of Panther Lake to allow
remote monitoring and management of the traffic signals,
replacement of the existing traffic signal controllers to be
capable of displaying flashing yellow left turn arrow (FYLTA) for
permissive left turn movements and allow flexible coordination
of the traffic signals along arterial corridors.
PROJECT COST: Preliminary Engineering .................$0
Right of Way Acquisition ................$0
Construction .....................$342,000
TOTAL .............................$342,000
FUNDING SOURCE(S): Federal Highway Safety Improvement Program (HSIP)
PROJECT
JUSTIFICATION: The traffic signals in the recently annexed area of Panther Lake
are not connected to the City's central traffic signal control
system; hence, they cannot be remotely monitored or managed
from the City's Traffic Management Center. The intersection
controllers are not capable of displaying flashing yellow left turn
arrow (FYLTA) for permissive left turn movements. This type of
signal display has been demonstrated to be much more readily
understood by motorists and has resulted in reduced collision
rates involving vehicles turning left during permissive left turn
signal phases. The integration of these signals into the City's
signal system will allow operation flexibility and improved
transportation system efficiency.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
18
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #19: S 212th St and 72nd Avenue South Intersection Improvement
Intersection Operations Enhancement
YEAR: 2021
DESCRIPTION: Add an additional southbound left turn lane and restripe
northbound lane configuration.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ......$125,000
Construction .....................$505,000
TOTAL .............................$690,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: Kent is an important freight distribution center in the Puget
Sound Region. The efficient movement of freight, through and
within the City is critical to Kent's economic health. With the
completion of the final road segment of 72nd Avenue South
between South 196th Street and South 200th Street, 72nd
Avenue South becomes a key freight corridor and this
intersection of two important freight corridors (72nd Ave S and
S 212th Street) takes on a highly significant role in relieving the
congestion often found on West Valley Highway at peak
periods. This improvement reduces future southbound vehicle
queuing and congestion and has the potential to improve
intersection delay from 193 seconds per vehicle to 63 seconds
per vehicle.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
19
36
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #20: Street Preservation Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Projects that maintain the existing transportation system by
overlaying, rehabilitating, and reconstructing the existing asphalt and
concrete streets throughout the City.
PROJECT COST: Preliminary Engineering .... $7,000,000
Right of Way Acquisition ................$0
Construction ................ $67,000,000
TOTAL ........................$72,000,000
FUNDING SOURCE(S): City of Kent*
PROJECT
JUSTIFICATION: The City assessed the condition of its street network in 2011. It was
found that many of the streets exhibit deficiencies that reflect they
are beyond their expected performance life and in need of a
maintenance or rehabilitation overlay, or some amount of
reconstruction. Moreover, historically, the amount of pavement
resurfacing, rehabilitation, and reconstruction monies the City has
budgeted each year has been insufficient to address the deficiencies
of its street network. Insufficient budgets to perform this necessary
work results in more expensive maintenance and rehabilitation
options.
* 10% of the solid waste utility tax (which equates to approximately 2.5 million a year) is
restricted to the maintenance and repair of residential streets.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
20
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #21: Traffic Signal Management Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: This program will analyze intersections for potential installation of
traffic signals or other traffic control to insure safe and efficient use of
the existing and planned transportation network. Analysis of turn
movements and collision history will be used to prioritize new traffic
signal installations.
PROJECT COST: Preliminary Engineering .......$600,000
Right of Way Acquisition ................$0
Construction .................. $3,600,000
TOTAL ..........................$4,200,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: Historically, the City justifies the need for two new traffic signals per
year to meet safety and mobility needs. This program budgets for
projects needed to meet the increasing demand for signalized
intersection control and the constant need for traffic counts to
monitor vehicle volumes and behavior. It also supports the
replacement of old, outdated traffic signal equipment at currently
signalized intersections. The priorities for traffic signals will be set by
transportation system signal warrant studies which include studies of
volumes, collision history, pedestrian mobility needs, and roadway
geometry. This program also helps the City maintain level of service
standards necessary to maintain concurrency as required by the
Growth Management Act.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
21
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #22: Channelization (Street Markings) Improvement Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Provide street marking projects including striping, thermoplastic
pavement marking, and raised pavement markers throughout the City
to separate and regulate conflicting movements, define paths of travel,
and facilitate safe and orderly movement on City Streets.
PROJECT COST: Preliminary Engineering .......$250,000
Right of Way Acquisition ................$0
Construction .................. $2,150,000
TOTAL ..........................$2,400,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: This ongoing program maintains and updates the channelization
throughout the City. The City has 1,648,863 linear feet (LF) of
channelization striping, 445,300 raised pavement markings, 22,012
LF of C curb and 7,179 LF of painted C curb. Channelization helps to
limit conflict points and directs motorists through areas of complexity.
These markings are also used to delineate left turn storage queue
areas and deceleration areas for right turning vehicles. This project
preserves the capacity and efficiency of the existing roadway system.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
22
39
2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #23: Bicycle System Improvements
Ongoing Citywide Program
YEAR: 2016 - 2021
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 (TMP) and the full 2007
Nonmotorized sub-plan. Bicycle lanes are usually part of individual
street improvement projects and each of those projects would be
itemized individually. The costs of the bike lanes added to TMP Street
projects, estimated at approximately $40,000,000 in 2007 dollars, are
not reflected here. This project is for shared lane striping and signing,
matching grant dollars for filling in bike lane gaps, and for the
extension of the shared-use path network. This project also includes
bicycle system improvements identified in the TMP that are eligible for
State and Federal non-motorized funding, not listed in the TIP as an
individual project.
PROJECT COST: Preliminary Engineering .......$100,000
Right of Way Acquisition ........$75,000
Construction ................. $ 1,325,000
TOTAL ..........................$1,500,000
FUNDING SOURCE(S): City of Kent, WSDOT, CMAQ
PROJECT
JUSTIFICATION: The 2008 Transportation Master Plan and the 2007 Nonmotorized
System Study proposed a network of shared lane routes on
transportation corridors throughout the city to help connect the
bicycle system. Lane markings and sign postings can inform
motorists and cyclists of those corridors best suited for significant
bike use. These shared-lane facilities can provide critical linkages to
major cycling activity centers and connections to the shared use path
systems. The city has a prioritized list of projects for bike lanes,
sharrows, and shared use paths. This project can help achieve the
City's goals for improving mobility, reducing vehicle trips, increasing
physical exercise, and improving transportation connectedness.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
23
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #24: Sidewalks, Sidewalk Repair and the Americans with Disabilities
Act Compliance Program
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Systematically construct new sidewalks throughout the City as
identified by prioritized project lists in the 2008 Transportation Master
Plan. Reconstruct and repair existing sidewalks and curb ramps and
install new truncated domes and hard-surfaced sidewalks to implement
the requirements of the Federal Americans with Disabilities Act (ADA)
consistent with the findings of the Non-motorized Chapter (Chapter 6)
of the 2008 Transportation Master Plan.
PROJECT COST: Preliminary Engineering .......$500,000
Right of Way Acquisition ... $1,000,000
Construction ................ $10,500,000
TOTAL ........................$12,000,000
FUNDING SOURCE(S): City of Kent
PROJECT
JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities
Act. Title II requires that a public entity must evaluate its services,
programs, policies, and practices to determine whether they are in
compliance with the nondiscrimination requirements of the ADA. The
ADA requires that an ADA Transition Plan be prepared to describe any
structural or physical changes required to 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 the Federal ADA regulations. This program begins
working on that list of projects to construct and repair the City's
sidewalk and street/sidewalk transition zones for accessibility for all
users and begins to address the pedestrian improvements identified in
the Transportation Master Plan. This project can help achieve the
City's goals for improving mobility, reducing vehicle trips, increasing
physical activity, and improving transportation connectedness.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
24
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #25: Guardrail and Safety Improvements
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance
motorist safety. Candidate projects include Frager Road, SE
240th/148th Avenue Southeast hillside, Lake Fenwick Road north or S
272nd Street, S 208th/212th and 100th Avenue Southeast. Upgrade
existing guardrail end-treatments as mandated by State and Federal
regulations.
PROJECT COST: Preliminary Engineering .........$60,000
Right of Way Acquisition ................$0
Construction .....................$540,000
TOTAL .............................$600,000
FUNDING SOURCE(S): City of Kent, HES
PROJECT
JUSTIFICATION: This project is mandated by compliance with Federal and State
regulations and the requirement to eliminate potentially hazardous
roadway conditions.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
25
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #26: Community Based Circulating Shuttles
Ongoing Citywide Programs
YEAR: 2016 - 2021
DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the
community through the use of fixed-route shuttle service, with
demand-responsive routing capabilities. Routes 914/916 serve the
Kent Transit Center, Regional Justice Center, Kent City Hall, Green
River Community College's Kent campus, and local shopping and
medical facilities. The Route 913 shuttle connects the City's
manufacturing/industrial center with the regional bus and commuter
train services at the Kent Transit Center.
PROJECT COST: Preliminary Engineering .........$10,000
Implementation .................$770,000
TOTAL .............................$780,000
FUNDING SOURCE(S): City of Kent, CMAQ, King County, ITS
PROJECT
JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the
city's seniors and reduce the need for expensive ACCESS service for
many wheelchair-lift service trips. Community circulating shuttles
encourage the participation of all ages, all economic groups, all
physical abilities, and virtually all of our community in everyday civic
life without the isolation and pollution of the automobile for every trip.
Commuter shuttles enhance the regional transit/train service by
providing the vital link from home or work to the Transit Center,
encouraging people to travel without their personal vehicles — thus
avoiding the cold-start impacts to air quality and reducing congestion
on local streets.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
26
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2016-2021 CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #27: Railroad Quiet Zone for Downtown Urban Center
Ongoing Citywide Program
YEAR: 2016 - 2021
DESCRIPTION: Establishment of a railroad quiet zone for the Burlington Northern
Santa Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR)
tracks through the City of Kent. The grade crossings to be included in
the quiet zone on the BNSF railroad mainline are: S 259th Street, Willis
Street, Titus Street, Gowe Street, Meeker Street, Smith Street, James
Street, and S 212th Street. The grade crossings included in the quiet
zone for the UPRR mainline tracks are: Willis Street (SR 516), W Smith
Street, W Meeker Street, W James Street, S 228th Street, and S 212th
Street.
PROJECT COST: Preliminary Engineering .... $3,500,000
Right of Way Acquisition ................$0
Construction ...............................$0
TOTAL ..........................$3,500,000
FUNDING SOURCE(S): City of Kent, Federal Rail Administration, FHWA
PROJECT
JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn
approximately '/a mile from the intersection of a highway/railroad
crossing. This warning device is an effective deterrent to accidents at
grade crossings but exposes the local community to significant levels
of noise that often deprecates the quality of life for those living closest
to the railroad facilities.
B & O - Business and Occupation Tax; CMAQ - Congestion Mitigation and Air Quality [Federal]; FAST
- Freight Action Strategy for Everett-Seattle-Tacoma Corridor; FMSIB - Freight Mobility Strategic
Investment Board [State], FTA - Federal Transit Administration [Federal ITS - Intelligent
Transportation Systems [Federal]; LID -Local Improvement District; STP - Surface Transportation
Program [Federal]; TIB - Transportation Improvement Board [State].
27
44
CITY OF KENT, WASHINGTON
SIX-YEAR TRANSPORTATION
IMPROVEMENT
PROGRAM
2016 - 2021
•
KENT
W A S H I N G T O N
For more information or additional copies of this document contact:
Kelly Peterson, Special Projects/
Transportation Engineering Manager
City of Kent, Public Works, Engineering
220 Fourth Avenue South
Kent, WA 98032-5895
(253) 856-5547
kpeterson@kentwa.gov
45
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
• Fax: 253-856-6500
x a. , nrv .
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 9, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Chad Bieren, P.E., City Engineer
Subject: Agreement with T-Mobile West LLC for Cell Site in the Right-of-
Way
Motion:
Move to recommend Council authorize the Mayor to sign the Limited Use
Agreement with T-Mobile subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
Summary: T-Mobile is a private telecommunications company whose service area
includes the city of Kent. T-Mobile has requested that the city grant a permit to use
right-of-way to operate its telecommunications equipment.
In accordance with state law, cities may require telecommunications companies to
obtain a use permit to operate within the city. The Limited Street License constitutes a
use permit and grants T-Mobile the right to operate within Kent's right-of-way for five
years. This action is the renewal of the previous license with some amended
provisions. If T-Mobile needs to work on its facilities within the right-of-way, they will
be required to apply for permits and pay fees accordingly.
Exhibit: T-Mobile West LLC Agreement
-Right-of-way adjacent to SE 219th Place & 116th Avenue SE, Kent WA.
-Right-of-way adjacent to 10007 SE 200th Street, Kent, WA
Budget Impact: The license fee for each site will be $5,000 per year. The cost will be
increased annually by four percent (4%) on each subsequent anniversary of the
commencement date of the license for each site.
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I
REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT
BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC
Right-of-way adjacent to 10702 SE 224th Place, Kent Washington (location of site).
RECITALS
A. T-Mobile West LLC, f/k/a VoiceStream PCS, constructed a wireless
I
facility in the right-of-way located adjacent to 10702 SE 2241h Place, Kent,
Washington in 2002, pursuant to a Right of Way Use Agreement entered into with
King County, The city of Kent annexed this portion of King County on July 1, 2010.
B. The parties hereto now wish to memorialize T-Mobile's continued
operation in the right-of-way, now under the jurisdiction of the city of Kent, based
upon the terms and conditions herein.
I
AGREEMENT
In consideration of the fees, covenants, conditions and agreements contained
in this License Agreement ("License") the CITY OF KENT, a Washington municipal
corporation ("City"), hereby grants to T-Mobile West LLC, a Delaware limited
liability company ("Licensee"), a revocable right-of-way use license to use and
occupy a portion of unvacated public right-of-way situated in the city of Kent, King
County, Washington, as generally depicted In Exhibit A, attached and incorporated
by this reference ("License Area"), subject to the following terms and conditions;
1. License Area.
The License Area includes any and all improvements, fixtures, structures and
landscaping currently and lawfully located pursuant to the Right of Way Use
Agreement with King County; however, no new structures or improvements shall
be placed within the License Area by Licensee, its employees, agents or
contractors, except such structures or improvements as are permitted or authorized
pursuant to Section 9.1 of this License or permits and approvals issued by the City,
and then only so long as all conditions of approval of such permits and approvals
are met and maintained. Any structure, improvement or other obstruction placed
within the License Area shall be so placed and maintained so as not to interfere
with the operation, repair, installation and maintenance of utility and underground
installations now existing or hereafter installed within the License Area by the City
or pursuant to City authorization to unrelated third parties.
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1
T-Mobile ID: SE04099F, Garrison Creek
(between the City of bent and T-Mobile)
48
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2. Use of License Area.
i
This License is granted to Licensee for the purpose of constructing,
maintaining, occupying, repairing, operating and removing wireless
telecommunications facilities ("Facilities") in the License Area, as described and
depicted in Exhibit A.
3. Term of License.
The initial term of this License shall be for five (5) years, commencing on
January 1, 2015 ("Commencement Date") and expiring on December 31, 2019 at
M59 pm PDT. This License may be renewed for one (1) additional five (5) year
term upon the mutual written consent of the City and the Licensee.
4. Revocation; Termination.
The intent of this License is to authorize Licensee to operate its
Facilities on the designated City right-of-way, which right-of-way constitutes a
valuable property interest owned by the City. This License does not grant an estate
in the land described as the License Area; it is not an easement; it is not a
franchise; it is not exclusive; and it does not exclude the City from full possession
of the License Area. As a License upon real property, it is revocable at the sole and
absolute discretion of the City. However, prior to revocation by the City, the City
shall provide Licensee with at least one hundred (180) calendar days' written notice
of its intended revocation ("Revocation Period"). Prior to the expiration of the j
Revocation Period, Licensee shall remove all of its Facilities, and Licensee shall
restore the License Area pursuant to Section 6 below. If Licensee fails to remove
all or a portion of its Facilities prior to the expiration of the Revocation Period, the
City may, after delivering thirty (30) days prior written notice to Licensee ("Final
Notice"), elect to remove all or part of the remaining Facilities, restore the Property,
and recover the costs of such removal and restoration from Licensee. Licensee
waives any right it may have to any claim for damages of any kind incurred as a
result of the City's removal of all or part of the Facilities after the expiration of the
Final Notice period. Licensee shall have the right to terminate this License on one
hundred eighty (180) days' prior written notice to City for any reason or no reason,
however, the provisions in Sections 6 and 12 below shall survive the revocation and
termination of this License.
5. Fees to Administer the License.
a. During the term of this License, commencing on the Commencement
Date, Licensee shall pay to the City a license fee in the amount of FIVE THOUSAND
AND NO/100 DOLLARS ($5;000.00) per year, which shall be escalated annually by
REVOCABLE RIGHT-OF-WAY USE LICENSE — Page 2
T-Mobile ID; SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
i
49
four percent (49/6) on each subsequent anniversary of the Commencement. Date
("License Fee"). The License Fee shall be paid annually, in advance, beginning with
the Commencement Date of this License, provided however, that the first payment
of the License Fee may be paid by Licensee within sixty (60) days of Licensee's
receipt of a fully executed copy of this License without any penalty or interest.
b. Licensee shall pay City a late payment charge equal to five percent
(5%) of the unpaid amount for any License Fee or portion of License Fee not paid
within ten (10) business days of receiving written notice from City of a past due
License Fee, or portion thereof. Any amounts not paid when due shall bear interest
until paid at the rate of one percent (1%) per month.
6. Damage to Property and Restoration.
Licensee shall repair any damage to the License Area caused by its
installation, construction, operation, maintenance, removal, repair, reconstruction,
replacement, use, and inspection of the Facilities in the License Area. Upon
revocation, termination or expiration of this License, Licensee shall restore the
License Area to its original condition prior to the issuance of the King County Right
of Way Use Agreement, reasonable wear and tear and casualty beyond Licensee's
control excepted. Such restoration obligation shall survive the expiration of this
License.
7, Utilities Charges.
Licensee shall be liable. For, and shall pay or cause to be paid before
delinquency thereof, throughout the term of this License, all charges for all utility
services furnished to Licensee for the uses permitted herein.
8. Taxes, Fees and Charges.
Licensee shall be liable for and pay within thirty (30) days of receiving notice
and supporting documentation for the following:
(a) All taxes imposed on or with respect to personal property and intangibles
located on or used by Licensee in connection with the License Area;
(b) All other rents, license fees, permit fees, inspection fees, authorization
fees or other charges which at any time may be assessed against or imposed
with respect to the occupancy, use or possession of, or activity conducted on,
the License Area by Licensee, its assigns or subtenants.
9. Construction of Facilities.
9.1 Commencement of Construction.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
50
No improvement, construction or material alteration shall be commenced
until plans for such work have been approved by City and all necessary permits
have been properly issued, Notwithstanding anything to the contrary herein,
Licensee shall be permitted to replace its existing equipment with dike-for-like
equipment within the License Area without prior City approval; provided, however
that Licensee has obtained all necessary permits and provides City with forty-eight
(48) hours written notice of the intended replacement,
9,2 Permits; Compliance With Codes.
The City's grant of this License does not release Licensee from any of its
obligations to obtain applicable local, state, and federal permits necessary to install,
construct, operate, maintain, remove, repair, reconstruct,replace, use, and inspect
the Facilities. Licensee's failure to comply with this Section 9,2 shall constitute
grounds for immediate revocation by the City. The License Fee in Section 5 is in
addition to any fees required for applicable local, state and federal permits.
9.3 Ownership and Removal of Facilities.
During the term of this License, all Facilities constructed by Licensee on the
License Area shall belong to and be the property of Licensee. Upon revocation,
expiration or earlier termination of this License, all Facilities constructed by
Licensee on the License Area shall be removed by Licensee at Licensee's sole
expense pursuant to Section 4 above and Licensee shall restore the License Area
pursuant to Section 6 above. Such restoration obligation shall survive the
expiration of this License.
10, Site Plan.
Attached hereto as Exhibit A is Licensee's site plan which depicts the location
of Licensee's equipment in the License Area. Within sixty (60) days of execution of
this License, Licensee shall provide the City with accurate copies of all record
drawings and maps showing the horizontal and vertical location and configuration of
all located or relocated Facilities within the public right-of-way. These as-built
drawings and maps shall be signed and stamped by a Washington state licensed
professional land surveyor, shall be provided at no cost to the City, and shall
include hard copies and digital copies in a format specified by the City. As-builts
must be on City of Kent horizontal and NAVD88 vertical datum NAD83/91. Licensee
warrants the accuracy of all record drawings and maps and as-builts provided to
the City. Licensee shall provide the City with updated record drawings and maps
upon request.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 4
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
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51
11. Relocation of Facilities.
Whenever the City causes the grading or widening of the right-of-way in
which the License Area is located or undertakes construction of any water, sewer or
storm drainage line, lighting, signalization, sidewalk improvement, pedestrian
amenities, or other improvement and such project requires the relocation of
Licensees then-existing Facilities within the License Area, the City shall.
(a) Provide Licensee, at least ninety (90) days prior to the commencement
of such project, written notice that a project is expected to require
relocation; and
(b') Provide Licensee with reasonable plans and specifications for such
project.
After receipt of such notice and such plans and specifications, Licensee shall
relocate such Facilities within the right-of-way at no charge to the City so as to
accommodate the project. The City shall cooperate with Licensee to designate a
substitute location for its Facilities as near as practicable to the existing License
Area. City will establish a date by which Facilities must be relocated, which date
will be not less than sixty (60) days after Licensee's receipt of written notice as to
the Facility to be relocated. Licensee must finish relocation of each such Facility by
the date so established. If Licensee fails to relocate its Facilities as required under
this License, City may revoke and terminate this License upon delivering written
notice to Licensee. During any such relocation period, Licensee shall be permitted
to maintain temporary antenna facilities, including cell-on-wheels ("COW") and an
alternate power source within the right-of-way, at no charge to the City.
12. Indemnification.
Licensee shall comply with the following indemnification requirements:
12.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the negligence or willful misconduct of the City, its
employees, agents, contractors, or invitees,
12.2 The City's inspection or acceptance of any of Licensee's work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 5
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12.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section
12 by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnify the City regardless of
whether the settlement of such claims is made with or without Licensee's consent.
12.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 12 and if
Licensee's refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City's costs for defense of the
action, including all reasonable legal costs, witness fees, and attorney fees and also
including the City's costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 12 indemnification clause.
12.5 The provisions of this Section 12 shall survive the expiration or
termination of this License.
13. Insurance.
i
Licensee shall obtain at its sole expense, commercial liability insurance in the
amount of $1,000,000, and shall provide the City with satisfactory proof of the
continued insurance coverage during the term of this License or any renewal or
extension thereof, Such Insurance shall include the City as an additional insured.
14. Bond.
Licensee shall provide City with a bond in the amount of Two Hundred
Thousand Dollars ($200,000.00) ("Bond") running or renewable for the term of this
License, in a form and substance reasonably acceptable to City. In the event
Licensee fails to substantially comply with any one or more of the provisions of this
License, following written notice and a reasonable opportunity to cure, then there
shall be recovered jointly and severally from Licensee and the bond any actual
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and
the cost of removal or abandonment of Facilities and repair of the License Area by
the City. Licensee agrees to replenish the Bond within fourteen (14) days after
written notice from the City that there is a deficiency in the amount of the Bond.
The amount of the Bond shall not be construed to limit Licensee's liability or to limit
the City's recourse to any remedy to which the City is otherwise entitled at law or in
equity. All bonds provided to the City under this Section 14 shall be with sureties
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T-Mob/le ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
53
registered with the Washington State Insurance Commissioner or other financial
institutions acceptable to the City.
15. Maintenance and Repair. I
Licensee shall, at its sole cost and expense, and throughout the term of this
License, keep the License Area and Its Facilities in good condition and in a good and
safe state of maintenance and repair.
16, Regulation of Use and Control.
This License does not deprive City of any power, rights, or privileges it now
has or may later acquire in the future to regulate the use of and to control City road
right-of-way covered by this. License.
17. Enforcement.
Failure of City, on one or more occasions, to exercise a right or to require
compliance or performance under this License or any applicable law shall not be
deemed to constitute a waiver of such right or a waiver of the compliance or
performance, unless such right has been specifically waived in writing by City.
Failure of City to enforce or exercise its rights under any provision of this License or
applicable law does not constitute a waiver of its rights to enforce or exercise a
right in any other provision of this License or applicable law.
18. Road Vacation,
18.1 City reserves the right to vacate, in accordance with applicable laws,
City road right-of-way covered by this License. City shall endeavor to give Licensee
written notice of its intent to vacate the right-of-way subject to this License as soon
as possible.
18.2 If City road right-of-way or portion thereof used by the Licensee is
vacated by City during the term of this License, this License shall terminate with
respect to said vacated right-of-way as of the effective date of such vacation.
Continued use by the Licensee of the vacated road right-of-way or portion thereof
thereafter shall be a matter of negotiation between the Licensee and the owner of
such vacated right-of-way or portion there,
18.3 If at any time City vacates any City road right-of-way covered by this
License, City shall not be liable for any damages or loss to the Licensee by reason
of such vacation, except that City shall refund pro rata the License Fee that the
Licensee paid to City for the Licensee's Facility in the vacated right-of-way for the
year in which the vacation occurs,
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7
T-Mobile ID: 5E04099F, Garrison Creek
(between the City of Kent and T-Mobile)
it
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19. Modification.
This License may not be modified, altered, or amended unless first approved
in writing by both the City and Licensee.
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20, Assignment,
Licensee shall not assign all or any portion of its rights, benefits, or privileges
in and under this License without prior written approval of the City, except that
Licensee may, upon written notice to City, assign or transfer its rights arising under
this License to any corporation, partnership or other entity which (i) is controlled
by, controlling or under common control with Licensee, (ii) shall merge or
consolidate with or into Licensee, (iii) shall succeed to all or substantially all the j
assets, property and business of Licensee, or (iv) is an affiliate or subsidiary or
other party as may be required in connection with any offering, merger, acquisition,
recognized security exchange or financing.
21, Attorney Fees.
In the event of claim or litigation regarding the enforcement of the
terms of this License, each party shall be responsible for its own legal costs and
attorney fees except as noted in Section 12.
22. Compliance with Laws.
Licensee shall comply with all federal, state and municipal laws, rules and
regulations that are now or that may become applicable to this License,
23. Notices.
All notices and payments hereunder may be delivered, mailed in the U.S.
mail, certified and postage paid, or sent by next-business day delivery via
nationally recognized overnight courier to the following respective addresses or to
such other respective addresses as either party may hereafter designate in writing:
To the City: City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention: Public Works Director
To Licensee: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance/SE04099F
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
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55
24. Emergency.
In the event of any bona fide emergency in which any portion of the Facilities
breaks, becomes damaged, or in any other way becomes an immediate danger to
the property, life, health or safety of any individual or the public in general,
Licensee shall, upon receipt of written notice from the City, immediately take the
proper emergency measures to remedy the dangerous condition without first j
applying for and obtaining a permit as required by this License. However, the
emergency work shall not relieve Licensee from its obligation to obtain all permits
necessary for this purpose, and Licensee shall apply for those permits within the
next five (5) successive business days,
25. Facility Location Service.
The Licensee shall subscribe to the One Call utility locator service.
26, Miscellaneous.
a. This License shall be construed in accordance with the laws of
the State of Washington. Venue and jurisdiction of any lawsuit arising out of the
performance or obligations of this License shall be in the King County Superior
Court, Kent Regional Justice Center, Kent, Washington.
b.. If any term of this License is found to be void or Invalid, such
Invalidity shall not affect the remaining terms of this License, which shall continue
in full force and effect.
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C. This License contains the entire agreement between the parties
with respect to the License Area and, in executing it, the City and Licensee do not
rely upon any statement, promise, or representation, whether oral or written, not
expressed in this License: Any acts occurring between the Commencement pate
and execution of this License, and consistent with the terms and conditions
contained herein, are hereby ratified. This License shall be effective upon the last
day executed below.
d. Each person executing this License warrants that he or she has
the requisite authority to bind the party for whom that person is executing,
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IN WITNESS WHEREOF, the parties hereto have signed this License as of the
_ day of , 2015.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9
T-Mobile ID: SE04099F, Garrison Greek
(between the City of Kent and T-Mobile)
56
CITY OF KENT LICENSEE
T-Mobile West LC,
a Dela ar li to lia i i company j
By, By
I
Print Name: Suzette Cooke Print a : Ja Noceto j
Its: Mayor Its: P Area Director, Engineering &
Oper ' ns
Date: Date:
2/12/lp
T-Mobite legal Appro al
Melanie Kiely
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T-Mobile ID: 5E44099F, Garrison Creek
(between the City of Kent and T-Mobile)
57
STATE OF WASHINGTON }
) ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
i
-Notary Seal Musk Appear Within ThlsBox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal C
[the day and year ffrst above written,
I
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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Pi\C&IhFilee\Open FIestb411-TelwmROWAcdVeUi n,esT-Moblle\RewcaMe ROW License for Cell Sites-C1eanl-14-3.5.dccx
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
58
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jay Noceto is the
person who appeared before me, and said person acknowledged that (he/she) signed
this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the PNW Area Director, Engineering & Operations
of T-Mobile West LLC, a Delaware limited liability company to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
I
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
®®® fill it,
a p . m z e
�"NOTA&Y UBLIC, in and for the State
e .2 " = of Washington, residing at 1i f
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a �� W� ® My appointment expires1212l
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 12
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
59
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Exhibit A j
License Area and Site Plan
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OYERALL�PLAN _
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 13
T-Mobile ID: SF04099F, Garrison Creek
(between the City of Kent and T-Mobile)
60
This page intentionally left blank.
61
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REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT
BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC
Right-of-way adjacent to SE 2191h Place & 116'h Avenue SE, Kent, Washington
(location of site),
RECITALS
A. T-Mobile West LLC; f/k/a T-Mobile West Corporation, constructed a
wireless facility in the right-of-way located adjacent to SE 219"' Place & 1161r'
Avenue SE, Kent, Washington in 2010, pursuant to a Right of Way Use Agreement
entered Into with King County. The city of Kent annexed this portion of King
County on July 1, 2010,
B. The parties hereto now wish to memorialize T-Moblle's continued
operation in the right-of-way, now under the jurisdiction of the city of Kent, based
upon the terms and conditions herein.
AGREEMENT
I
In consideration of the fees, covenants, conditions and agreements contained
in this License Agreement ("License") the CITY OF KENT, a Washington municipal
corporation ('City"), hereby grants to T-Mobile West. LLC, a Delaware limited
liability company (`Licensee"), a revocable right-of-way use license to use and
occupy a portion of unvacated public right-of-way situated in the city of Kent, King
County, Washington, as generally depicted in Exhibit A, attached and incorporated
by this reference ("License Area"), subject to the following terms and conditions:
I
1. License Area.
The License Area includes any and all improvements, fixtures, structures and
landscaping currently and lawfully located pursuant to the Right of Way Use
Agreement with King County; however, no new structures or improvements shall
be placed within the License Area by Licensee, Its employees, agents or
contractors, except such structures or improvements as are permitted or authorized
pursuant to Section 9.1 of this License or permits and approvals issued by the City,
and then only so long as all conditions of approval of such permits and approvals
are met and maintained. Any structure, improvement or other obstruction placed
within the License Area shall be so placed and maintained so as not to interfere
with the operation, repair, installation and maintenance of utility and underground
installations now existing or hereafter installed within the License Area by the City -
or pursuant to City authorization to unrelated third parties,
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1
T-Mobile ID: SE053168, Emerald Park
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2, Use of License Area,
1
This License is granted to Licensee for the purpose of constructing,
maintaining, occupying, repairing, operating and removing wireless I
telecommunications facilities ("Facilities") In the License Area, as described and
depicted in Exhibit A.
3. Term of License,
The initial term of this License shall be for five (5) years, commencing on
January 1, 2015 ("Commencement Date") and expiring on December 31, 2019 at
11r59 pm PDT, This License may be renewed for one (1) additional five (5) year
term upon the mutual written consent of the City and the Licensee.
4. Revocation; Termination.
The intent of this License is to authorize Licensee to operate its
Facilities on the designated City right-of-way, which right-of-way constitutes a
valuable property interest owned by the City. This License does not grant an estate
in the land described as the License Area; It is not an easement; it is not a
franchise; it is not exclusive; and it does not exclude the City from full possession
of the License Area, As a License upon real property, it is revocable at the sole and
absolute discretion of the City, However, prior to revocation by the City, the City
shall provide Licensee with at least one hundred (180) calendar days' written notice
of its intended revocation ("Revocation Period"). Prior to the expiration of the j
Revocation Period, Licensee shall remove all of its Facilities, and Licensee shall
restore the License Area pursuant to Section 6 below. If Licensee fails to remove
all or a portion of its Facilities prior to the expiration of the Revocation Period, the
City may, after delivering thirty (30) days prior written notice to Licensee ("Final
Notice"), elect to remove all or part of the remaining Facilities, restore the Property,
and recover the costs of such removal and restoration from Licensee, Licensee
waives any right it may have to any claim for damages of any kind incurred as a
result of the City's removal of all or part of the Facilities after the expiration of the
Final Notice period. Licensee shall have the right to terminate this License on one I
hundred eighty (180) days' prior written notice to City for any reason or no reason,
however, the provisions in Sections 6 and 12 below shall survive the revocation and
termination of this License,
5. Fees to Administer the License.
a, During the term of this License, commencing on the Commencement
Date, Licensee shall pay to the City a license fee in the amount of FIVE THOUSAND
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T-Moblle ID: SE05316B, Emerald Park
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63
AND NO/100 DOLLARS ($5,000.00) per year, which shall be escalated annually by
four percent (4%) on each subsequent anniversary of the Commencement Date
("License Fee"), The License Fee shall be paid annually, in advance, beginning with
I
the Commencement Date of this License, provided however, that the first payment
of the License Fee may be paid by Licensee within sixty (60) days of Licensee's
receipt of a fully executed copy of this License without any penalty or interest,
b. licensee shall pay City a late payment charge equal to five percent
(5%) of the unpaid amount for any License Fee or portion of License Fee not paid
within ten (10) business days of receiving written notice from City of a past due
License Fee, or portion thereof. Any amounts not paid when due shall bear interest
until paid at the rate of one percent (1%) per month.
6. Damage to Property and Restoration.
Licensee shall repair any damage to the License Area caused by its
installation, construction, operation, maintenance, removal, repair, reconstruction,
replacement, use, and inspection of the Facilities In the License Area. Upon
revocation, termination or expiration of this License, Licensee shall restore the
License Area to its original condition prior to the issuance of the King County Right
of Way Use Agreement, reasonable wear and tear and casualty beyond Licensee's
control excepted, Such restoration obligation shall survive the expiration of this
License.
7, Utilities Charges.
Licensee shall be liable for, and shall pay or cause to be paid before
delinquency thereof, throughout the term of this License, all charges for all utility
services furnished to Licensee for the uses permitted herein,
8. Taxes, Fees and Charges.
Licensee shall be liable for and pay within thirty (30) days of receiving notice
and supporting documentation for the following:
(a) All taxes Imposed on or with respect to personal property and intangibles
located on or used by Licensee in connection with the License Area;
(b) All other rents, license fees, permit fees, inspection fees, authorization
fees or other charges which at any time may be assessed against or imposed
with respect to the occupancy, use or possession of, or activity conducted on,
the License Area by Licensee, its assigns or subtenants. !
9, Construction of Facilities.
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T-Moblle Id: SE053168, Emerald Park
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II
9.1 Commencement of Construction,
No Improvement, construction or material alteration shall be commenced
until plans for such work have been approved by City and all necessary permits
have been properly issued. Notwithstanding anything to the contrary herein,
Licensee shall be permitted to replace its existing equipment with like-for-like
equipment within the License Area without prior City approval; provided, however
that Licensee has obtained all necessary permits and provides City with forty-eight
(48) hours written notice of the Intended replacement,
9.2 Permits; Compliance With Codes,
The City's grant of this License does not release Licensee from any of its "
obligations to obtain applicable local, state, and federal permits necessary to install,
construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect
the Facilities, Licensee's failure to comply with this Section 9.2 shall constitute
grounds for immediate revocation by the City. The License Fee in Section 5 is in
addition to any fees required for applicable local, state and federal permits.
M Ownership and Removal of Facilities,
During the term of this License, all Facilities constructed by Licensee on the
License Area shall belong to and be the property of Licensee, Upon revocation,
expiration or earlier termination of this License, all Facilities constructed by
Licensee on the License Area shall be removed by Licensee at Licensee's sole
expense pursuant to Section 4 above and Licensee shall restore the License Area
pursuant to Section 6 above. Such restoration obligation shall survive the
expiration of this License.
10, Site Plan,
Attached hereto as Exhibit A is Licensee's site plan which depicts the location j
of Licensee's equipment in the License Area, Within sixty (60) days of execution of
this License, Licensee shall provide the City with accurate copies of all record
drawings and maps showing the horizontal and vertical location and configuration of j
all located or relocated Facilities within the public right-of-way, These as-built
drawings and maps shall be signed and stamped by a Washington state licensed
professional land surveyor', shall be provided at no cost to the City, and shall
include hard copies and digital copies in a format specified by the City. As-bunts
must be on City of Kent horizontal and NAVD88 vertical datum NAD83/91. Licensee
warrants the accuracy of all record drawings and maps and as-builts provided to
the City, Licensee shall provide the City with updated record drawings and maps
upon request.
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T-Mobile ID: SE05316d, Emerald Park
(between the City of Kent and T-Mobile)
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11. Relocation of Facilities.
Whenever the City causes the grading or widening of the right-of-way in
which the License Area is located or undertakes construction of any water, sewer or
storm drainage line, lighting, signalization, sidewalk Improvement, pedestrian
amenities, or other improvement and such project requires the relocation of
Licensee's then-existing Facilities within the License Area, the City shall:
(a) Provide Licensee, at least ninety (90) days prior to the commencement
of such project, written notice that a project is expected to require
relocation; and
(b) Provide Licensee with reasonable plans and specifications for such
project.
After receipt of such notice and such plans and specifications; Licensee Shall
relocate such Facilities within the right-of-way at no charge to the City so as to
accommodate the project. The City shall cooperate with Licensee to designate a
substitute location for its Facilities as near as practicable to the existing License
Area. City will establish a date by which Facilities must be relocated, which date l
will be not less than sixty (60) days after Licensee's receipt of written notice as to
the Facility to be relocated. Licensee must finish relocation of each such Facility by
the date so established, If Licensee fails to relocate its Facilities as required under
this License, City may revoke and terminate this License upon delivering written
notice to Licensee. During any such relocation period, Licensee shall be permitted
to maintain temporary antenna facilities, including cell-on-wheels ("COW") and an
alternate power source within the right-of-way, at no charge to the City,
12, Indemnification,
Licensee shall comply with the following indemnification requirements:
12.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, wiliness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the negligence or willful misconduct of the City, its
employees, agents, contractors, or invitees.
t
12,2 The City's inspection or acceptance of any of Licensee's work j
when completed shall not be grounds to avoid any of these covenants of
indemnification.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page S
T-Mobile M SE053168, Emerald Park
(between the City of Kent and T-Mobile)
66
123 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall iindemnify and hold the City harmless as provided for in this Section
12 by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnify the City regardless of
whether the settlement of such claims is made with or without Licensee's consent.
12.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 12 and if
Licensee's refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City's costs for defense of the
action, including all reasonable legal costs, witness fees, and attorney fees and also
including the City's costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 12 indemnification clause.
12,5 The provisions of this Section 12 shall survive the expiration or
termination of this License,
13. Insurance,
Licensee shall obtain at its sole expense, commercial liability insurance in the i
amount of $1,000,000, and shall provide the City with satisfactory proof of the !
continued insurance coverage during the term of this License or any renewal or
extension thereof, Such insurance shall Include the City as an additional insured.
14. Bond,
Licensee shall provide City with a bond in the amount of Two Hundred
Thousand Dollars ($200,000.00) ("Bond") running or renewable for the term of this
License, In a form and substance reasonably acceptable to City. In the event
Licensee fails to substantially comply with any one or more of the provisions of this
License, following written notice and a reasonable opportunity to cure, then there
shall be recovered jointly and severally from Licensee and the bond any actual
damages suffered by City as a result thereof, Including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and
the cost of removal or abandonment of Facilities and repair of the License Area by
the City. Licensee agrees to replenish the Bond within fourteen (14) days after
written notice from the City that there is a deficiency in the amount of the Bond,
The amount of the Bond shall not be construed to limit Licensee's liability or to limit
the City's recourse to any remedy to which the City is otherwise entitled at law or in
equity. All bonds provided to the City under this Section 14 shall be with sureties
REVOCABLE RIGHT-OF-WAY USE LICENSE — Page 6 j
T-Mobile ID: 9E05316B, Emerald Park
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67
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registered with the Washington State Insurance Commissioner or other financial
institutions acceptable to the City.
15. Maintenance and Repair.
i
Licensee shall, at its sole cost and expense, and throughout the term of this
License, keep the License Area and its Facilities in good condition and in a good and
safe state of maintenance and repair.
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16. Regulation of Use and Control.
I
This License does not deprive City of any power, rights, or privileges it now
has or may later acquire In the future to regulate the use of and to control City road
right-of-way covered by this License.
17, Enforcement.
Failure of City, on one or more occasions, to exercise a right or to require
compliance or performance under this License or any applicable law shall not be
deemed to constitute a waiver of such right or a waiver of the compliance or
performance, unless such right has been specifically waived in writing by City.
Failure of City to enforce or exercise its rights under any provision of this License or
applicable law does not constitute a waiver of Its rights to enforce or exercise a
right in any other provision of this License or applicable law.
J.B. Road Vacation,
18.1 City reserves the right to vacate, in accordance with applicable laws,
City road right-of-way covered by this License. City shall endeavor to give Licensee
written notice of its intent to vacate the right-of-way subject to this License as soon
as possible.
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18.2 If City road right-of-way or portion thereof used by the Licensee is
vacated by City during the term of this License, this License shall terminate with
respect to said vacated right-of-way as of the effective date of such vacation.
Continued use by the Licensee of the vacated road right-of-way or portion thereof
thereafter shall be a matter of negotiation between the Licensee and the owner of
such vacated rlght-of-way or portion there.
18.3 If at any time City vacates any City road right-of-way covered by this
License, City shall not be liable for any damages or loss to the Licensee by reason
of such vacation, except that City shall refund pro rata the License Fee that the
Licensee paid to City for the Licensee's Facility in the vacated right-of-way for the
year in which the vacation occurs.
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T-Mobile 1D., SE053168, Emerald Park
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19, Modification,
I
This License may not be modified, altered, or amended unless first approved
in writing by both the City and Licensee,
20, Assignment.
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Licensee shall not assign all or any portion of Its rights, benefits, or privileges
In and under this License without prior written approval of the. City, except that
Licensee may, upon written notice to City, assign or transfer its rights arising under j
this license to any corporation, partnership or other entity which (1) is controlled
by, controlling or under common control with Licensee, (ii) shall merge or
consolidate with or Into Licensee, (M) shall succeed to all or substantially all the
assets, property and business of Licensee, or (iv) is an affiliate or subsidiary or
other party as may be required in connection with any offering, merger, acquisition,
i
recognized security exchange or financing.
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21. Attorney Fees,
In the event of claim or litigation regarding the enforcement of the
terms of this License, each party shall be responsible for its own legal costs and
attorney fees except as noted in Section 12.
22, Compliance with Laws.
Licensee shall comply with all federal, state and municipal laws, rules and
regulations that are now or that may become applicable to this License.
23. Notices,
I
All notices and payments hereunder may be delivered, mailed in the U.S,
mail, certified and postage paid, or sent by next-business day delivery via
nationally recognized overnight courier to the following respective addresses or to
such other respective addresses as either party may hereafter designate in writing;
To the City: City of Kent
220 Fourth Avenue South
Kent, WA 98032
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Attention; Public Works Director
To Licensee; T-Mobile USA, Inc.
12920 SE 38rh Street
Bellevue, WA 98006
Attention; Lease Compliance/SE053168
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8
T-Mobile ID; SS053168, Emerald Park
(between the City of Kent and T-Moblle)
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24. Emergency.
In the event of any bona fide emergency in which any portion of the Facilities
breaks, becomes damaged, or in any other way becomes an Immediate danger to
the property, life, health or safety of any individual or the public in general,
Licensee shall, upon receipt of written notice from the City, Immediately take the
proper emergency measures to remedy the dangerous condition without first
applying for and obtaining a permit as required by this License. However, the
emergency work shall not relieve Licensee from its obligation to obtain all permits
necessary for this purpose, and Licensee shall apply for those permits within the
next five (5) successive business days.
25, Facility Location Service.
The.Licensee shall subscribe to the One Call utility locator service,
26, Miscellaneous,
a. This License shall be construed in accordance with the laws of
the State of Washington. Venue and jurisdiction of any lawsuit arising out of the
performance or obligations of this License shall be in the King County Superior
Court, Kent Regional Justice Center, Kent, Washington.
b.. If any term of this License is found to be void or Invalid,, such
invalidity shall not affect the remaining terms of this License, which shall continue
in full force and effect.
c, This License contains the entire agreement between the parties
with respect to the License Area and, in executing it, the City and Licensee do not
rely upon any statement,
promise, or representation, whether oral or written, not �
expressed In this License, Any acts occurring between the Commencement Date
and execution of this License, and consistent with the terms and conditions
contained herein, are hereby ratified. This License shall be effective upon the last
day executed below.
d. Each person executing this License warrants that he or she has
the requisite authority to bind the party for whom that person is executing,
IN WITNESS WHEREOF, the parties hereto have signed this License as of the
day of _, 2015.
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9
T-Mobile ID: SE05316B, Emerald Park
(between the City of Kent and T-Mobile)
70
CITY OF KENT LICENSEE
T-Mobile West LLC
A Delaware limited liability company
Print Name: Suzette Cooke Print Name: Philip Hankins
Its: Mayor Its: Sr. Director,
Date: En ineerin & Operations
Date: t 9-1h
'I-Mobile Legal Approval by:
Nam •_.6e��.}.�rf�z _._.
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10
T-Mobile ID: SE05316B, Emerald Park
(between the City of Kent and T-Mobile)
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STATE OF WASHINGTON
) ss.
COUNTY OF KING )
T certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument,
Dated:
f
-Notary Seal Must Appear Within rhAs Sox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
j
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at _
My appointment expires
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REVOCABLE RIGHT-OF-WAY USE INCENSE — page IS
T-Mobile ID; SE053168, Emerald Park
(between the City of Kent and T-Mobile)
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72
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Philip Hankins is the
person who appeared before me, and said person acknowledged that (he/she) signed
this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the Sr. Director, Engineering & Operations of T-
Mobile West LLC, a Delaware limited liability company to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: �>2 �/-5—
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-Notary Seal Must Appear Within This Box- r
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
�p111��1U1Nppl�
� 'SGlU?Firy�
`\\` QQ_ EOP RES 9 � �11 /1� �l4 1
— (Signature)
8 1-8-2019 a
NOTARY PUBLIC, in and for the State
of Washington, residing at Go 'il l,J
My appointment expires
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REVOCABLE RIGHT-OF-WAY USE LICENSE — Page 12
T-Mobile ID: SE05316B, Emerald Park
(between the City of Kent and T-Mobile)
73
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Exhibit A
License Area and Site Plan
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SF 719TH PLACE "
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OVEMLL SITE PLAN } � I B1®
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 13
T-Mobile IO; SE053168, Emerald Park
(between the City of Kent and T-Mobile)
74
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75
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
T Phone: 253-856-5500
rExl Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 10, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Chad Bieren, P.E., City Engineer
Through: Tim LaPorte, P.E. Public Works Director
Subject: Information Only/Quiet Zone Analysis
Motion: Move to recommend Council authorize the Mayor to sign all
necessary consultant contracts and direct staff to complete a preliminary
analysis determining the potential for a Local Improvement District that
would fund a Railroad Quiet Zone subject to final terms and conditions
acceptable to the City Attorney and Public Works Director
Summary: At the Committee's request, staff will analyze the potential for a Local
Improvement District (LID) to help pay for a railroad Quiet Zone in downtown Kent.
A successful LID was formed for a Quiet Zone in Vancouver, Washington and we have
some of their documents.
Several years ago we met with Railroad and Federal Rail Administration officials and
made a preliminary determination of improvements needed for a Quiet Zone in
downtown Kent. If the Council wanted to move forward with this endeavor an outside
appraisal consultant would need to be hired to determine the potential for LID special
benefit.
We anticipate that the cost for determining whether or not it is feasible to move
forward with a LID (a feasibility analysis) would be in the order of $100K. This would
include consultant fees for an appraiser, noise expert, Quiet Zone expert and staff
time.
If after review of the feasibility analysis, Council desired to then move forward with a
LID for this purpose, a very rough idea of the LID establishment process cost is
approximately an additional $200K.
Exhibit: None
Budget Impact: No money has been identified in the current budget for this
purpose. Funding to be determined, as directed by Council.
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77
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 10, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Stormwater Utility Rate Update
Information Only / No Motion Required
Summary: Staff will provide a summary of current City of Kent stormwater utility
rates and a comparison with stormwater utility rates of other local jurisdictions.
Exhibit: None
Budget Impact: None
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79
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 10, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Milwaukee II Levee Project Update
Information Only/No Motion Required
Summary: The Milwaukee II Levee is located along the right bank of the Green
River (looking downstream) from Third Ave. South through the Union Pacific
Railroad tracks. Although the property landward of the existing levee (S. 259th St.)
is slightly higher than the 100-year flood elevation of the river, the levee does not
have adequate freeboard or meet slope stability requirements for FEMA
accreditation.
The King County Flood Control District has begun the process of budgeting funding
to raise and set back the levee, and city staff will be working with them on this
project. The proposed budget is $4.0 million in 2015 and $4.5 million in 2016.
Staff will provide a description of the project and how it is crucial to completing
accreditation for the downstream of levees.
Exhibit: None
Budget Impact: None
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
�/' �•,I' Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 10, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 15, 2015
From: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/East Valley Highway Lane Settlement -
Update
Information Only/No Motion Required
Summary: For the last several years staff has been monitoring a settlement in the
roadway observed in the outer southbound lane of East Valley Highway adjacent to
Tacoma Screw products and Les Schwab in the 22100 block. Until recently, the
settlement has totaled about a foot. We have had to periodically fill the depression
with an asphalt patch to keep the lane open.
It is staff opinion that the probable cause is an underlying Metro sewer line which
has also settled and has groundwater infiltration at a higher than normal rate. The
sewer line is 21 feet deep. Cracks or openings in this 24 inch pipe would allow
groundwater and fine grained soil material to leach into the pipe and then get
carried away by the continuous sewage flow. We have had discussions with King
County Metro staff for over a year but have not had resolution on the fix or
responsibility.
This past Mother's Day weekend the roadway settled an additional amount at this
location necessitating the lane closure. Because of the increased rate of settlement,
the need to fix the problem is more necessary.
Although King County Metro has not acknowledged responsibility, County staff asked
if the city could take the lead contractually on fixing the problem as our contracting
process is faster than theirs. As we and King County staff learn more about the
problem we will continue to negotiate responsibility. King County has agreed to
review the line operation with TV equipment.
Exhibit: Photos of the settlement area will be presented
Budget Impact: It is staff opinion that the problem is infiltration in the Metro sewer
and is therefore the responsibility of that agency. There is no agreement in place at
this time however.