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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. z This page intentionally left blank. 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 1 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. 2 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. 3 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. 8 This page intentionally left blank. 9 CITY OF KENT WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2016 - 2021 mw jIII III !, l� { �f YI n 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. 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W m J N C J C W W W J N J L J W W C W �p T W m E v W O N m m m W W 0 0 W — E m m m N P,,,1 L V -° J O Y U) NF U) U) U) Y U) U) mV .mi U) U) m U) d•• AF V m U)U' V (Y {-- Y GI �/1 O N m m O I N M V �/1 O N m M 1 0 .i N M V m O N 1 'r- .y ^,X N N N N N N N N ^,X S1:)3CO21d IV.LIdV:) 133211S SWt/2 SOUd 30IMAlI:) 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 35 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 37 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 38 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 40 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 41 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 42 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 43 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. 46 This page intentionally left blank. 47 I 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. I REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1 T-Mobile ID: SE04099F, Garrison Creek (between the City of bent and T-Mobile) 48 i 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) i 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. I REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 5 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) i 52 i 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 REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 6 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, i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7 T-Mobile ID: 5E04099F, Garrison Creek (between the City of Kent and T-Mobile) it 54 19. Modification. This License may not be modified, altered, or amended unless first approved in writing by both the City and Licensee. I 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) i 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. I 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, i 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 i I REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10 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 i I Pi\C&IhFilee\Open FIestb411-TelwmROWAcdVeUi n,esT-Moblle\RewcaMe ROW License for Cell Sites-C1eanl-14-3.5.dccx I i i 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 ®®I a �� W� ® My appointment expires1212l i i I REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 12 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) 59 I Exhibit A j License Area and Site Plan LO jjj It } .r i W- F- taroell 6 t , d LIN I I OYERALL�PLAN _ I 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 it 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 (between the City of Kent and T-Mobile) 62 i i 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 REVOCABLE RIGHT-OF-WAY USE LICENSE -- Page 2 T-Moblle ID: SE05316B, Emerald Park (between the City of Kent and T-Moblle) 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. i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3 T-Moblle Id: SE053168, Emerald Park (between the City of Kent and T-Mobile) ' I 64 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. i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 4 T-Mobile ID: SE05316d, Emerald Park (between the City of Kent and T-Mobile) i 65 I 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 (between the City of Kent and T-Mobile) I 67 I i 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. I 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. i 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. REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7 T-Mobile 1D., SE053168, Emerald Park (between the City of Kent and T-Moblle) 68 i 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. i 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. i 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 i 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) 69 i I � i 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. I 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 _._. i i I I I I I i i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10 T-Mobile ID: SE05316B, Emerald Park (between the City of Kent and T-Mobile) i 71 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 i p:\�s'alfiles\Open fies\07]1-Ttk6mR0lYf,Stw¢lltenses\T-M1fob'Vrt\ReYpCabk NOtV Ukase fbr Cell Sites-Llean!-tbl5.0o4x i i ; REVOCABLE RIGHT-OF-WAY USE INCENSE — page IS T-Mobile ID; SE053168, Emerald Park (between the City of Kent and T-Mobile) i 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— i -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 I r I i REVOCABLE RIGHT-OF-WAY USE LICENSE — Page 12 T-Mobile ID: SE05316B, Emerald Park (between the City of Kent and T-Mobile) 73 j i Exhibit A License Area and Site Plan snow' Ry e - gym\ r I - —.-------- - ---- _� _ Imo./ . iExa i A SF 719TH PLACE " I r I I I � CTA I �° 1 ° I I I e., OVEMLL SITE PLAN } � I B1® N41 I REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 13 T-Mobile IO; SE053168, Emerald Park (between the City of Kent and T-Mobile) 74 This page intentionally left blank. 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. 76 This page intentionally left blank. 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 78 This page intentionally left blank. 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 80 This page intentionally left blank. 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.