HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 10/16/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (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 the Washington Telecommunications Relay
Service at 1-800-833-6388.
October 16, 2017
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of October 2, 2017 Minutes -
Approve
YES None 03 03
5. SCATBd Operating Procedures -
Recommend
YES Chad Bieren 10 07
6. Quiet Zone Update - UPRR Agreement YES Chad Bieren 10 19
7. INFRA Grant Letter of Support to WSDOT –
Recommend
YES Chad Bieren 05 31
8. Info Only/Limited License Agreement with
Kent Downtown Partnership for Dragonfly
Artwork
NO Chad Bieren 05 35
9. Info Only/West Hill Water System Capital
Improvements
NO Dave Brock 15 51
10. Info Only/Environmental Grant Update for
Leber/Mill Creek and Downey Farmstead
NO Matt Knox 10 53
11. Info Only/James Street Maintenance NO Tim LaPorte 05 55
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PUBLIC WORKS COMMITTEE September 18, 2017
Minutes City of Kent, WA
Summary Minutes
Date: October 2, 2017
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee
member Higgins.
2. Roll Call: Committee members, Dennis Higgins, Dana Ralph and Brenda Fincher
were present. Council member Higgins chaired the meeting.
Absent: N/A
3. Changes to the Agenda: No changes were made to the agenda
4. Approval of Minutes, Dated September 18, 2017
Committee member Fincher MOVED to approve the Minutes of September 18,
2017. The motion was SECONDED by Committee member Ralph and PASSED
3 - 0.
5. PSERN Lease Agreement – Cambridge Water Tank Site - Recommend
Christina Schuck, Civil Attorney, noted that King County has requested authorization to
install wireless communications facilities at the Cambridge Tank site located at 3301 S.
264th Street, for the Puget Sound Emergency Radio Network (PSERN). The equipment will
be used to provide better service in King County. The obligation for King County to pay
rent will commence after several conditions have been met, including the termination of
the lease between the City and ValleyComm and the assignment of ValleyComm’s facilities
to King County. Schuck stated that rent will be $4,320.00 per lease year and will increase
by 15% of the then-current rental rate on each successive five year anniversary of the
first full lease year. The term of this Lease will be for a period of 25 years.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
enter into a lease agreement with King County to operate and maintain a
wireless communication facility at the Cambridge Tank site for the Puget Sound
Emergency Radio Network (“PSERN”) subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Fincher. The motion PASSED 3 - 0.
6. Commute Trip Reduction (CTR) Grant - Recommend
Antje Kablitz, Commute Trip Reduction Coordinator explained what the Commute Trip
Reduction (CTR) Program is. The City is required by state law to enforce the commute trip
reduction provisions in chapter 70.94 RCW. The City is then reimbursed by the State for
costs incurred based on a formula devised by the State Department of Transportation,
Public Transportation Office.
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This Agreement allocates $106,007 for two years of funding for the implementation of the
CTR Program mandated by RCW 70.94.527 for the 2017-2019 project term.
Kablitz noted that in recent years we have expanded our outreach by partnering with
neighboring communities to establish a South King County CTR Coalition. Doing so has
allowed us to tap into additional state and federal grants that we can use to provide
greater outreach and incentives to all area businesses.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign the Transportation Demand Management Implementation Agreement,
WSDOT #GCB2755, subject to final terms and conditions acceptable to the Public
Works Director and the City Attorney. The motion was SECONDED by Committee
member Fincher. The motion PASSED 3 - 0.
7. Grievance Procedure – Americans with Disabilities Act (ADA) - Recommend
Kelly Peterson, Transportation Engineering Manager noted that this policy is required by
the Americans with Disabilities Act (ADA). Peterson went on to note that local
governments with 50 or more employees are required to adopt and publish procedures for
resolving grievances arising under Title II of the Americans with Disabilities Act (ADA).
Grievance procedures set out a system for resolving complaints of discrimination in a
prompt and fair manner.
These procedures may be used by anyone who wishes to file a complaint alleging
discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by the City of Kent. The procedures do not deny the right of the complainant
to file formal complaints with other state or federal agencies or to seek private counsel for
complaints alleging discrimination or unaccommodated barriers to access.
Peterson stated that in addition to the Grievance Procedure, City staff developed an
Accessibility Request that will be added to the website and could be used by the public to
submit accessibility requests for a wide variety of issues directly to the city’s ADA
Coordinator. The ADA Coordinator would then send the request to the applicable
department to investigate the issue. Every effort will be made to resolve complaints
informally and expediently based on requests for accommodation. Committee member
Fincher mentioned that in Singapore they have a two push button system to cross the
street allowing for more time to cross the street for those that need it. Peterson said he
would look into it.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign Resolution No. ____, adopting a formal City of Kent Grievance Procedure in
compliance with the Americans with Disabilities Act (ADA). The motion was
SECONDED by Committee member Fincher and PASSED 3 - 0.
8. U.S. Geological Survey Joint Funding Agreement - Recommend
Mike Mactutis, Environmental Engineering Manager noted that is an annual joint funding
agreement for U.S. Geological Survey (USGS) for stream data collection. Mactutis noted
that the cost went up again slightly from last year. The City of Kent will contribute
$75,590 to the total annual program costs of $117,715 with the USGS and the City of
Tukwila providing the remainder.
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Gages of this nature provide valuable information on stream and weather conditions,
including water surface elevations, flow levels and amounts of precipitation information is
used to calibrate stream flow models and increase the accuracy of City designs.
This agreement will provide for operation, maintenance and data collection at six gages.
Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on
the Green River.
The gage information is available to the public real-time at
http://waterdata.usgs.gov/wa/nwis/current?type=flow.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign the federal fiscal year 2018 Joint Funding Agreement for Water
Resources Investigations between the City of Kent and the U.S. Geological
Survey subject to final terms and conditions acceptable to the Public Works
Director and City Attorney. The motion was SECONDED by Committee
member Ralph and PASSED 3 - 0.
9. Information Only/TeamUp2CleanUp Kent – October 14/Recycling Event-
Composter Sale October 21/Curbside Cleanup November 6-17
Gina Hungerford, Conservation Coordinator noted the following events:
TeamUp2CleanUpKent event is scheduled for Oct. 14th 9 a.m. -Noon. Republic Services
will supply stations with bags, gloves, and dumpsters. The supply stations will be set up at
Kherson Park 307 West Gowe Street, downtown and at the Golden Steer Restaurant 23826
104th Ave SE, on the East Hill. We’ve reached out to a lot of different groups and hope to
have a good turnout.
Recycling Event is happening on Saturday, October 21, at Hogan Park, 24400 Russell Rd.
from 9 a.m. – 3 p.m. Residents are invited to bring items not easily recycled at the curb,
including appliances, tires, concrete/asphalt, Styrofoam & up to 3 boxes of documents to
shred at no charge. Composters will be available for sale at the event (while supplies last).
The flyer will be going out in the mail this week and is also available on our website
https://www.kentwa.gov/Home/Components/Calendar/Event/1197/587?curm=10&cury=2
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Hungerford noted that the Recycling Event is funded by the King County Waste Reduction
and Recycling Grant and the Local Hazardous Waste Management Program Grant.
Department of Ecology Grant funds have not yet been allocated for this event.
Curbside Cleanup - is included as part of our contract with Republic Services and will be
taking place November 6 – 17, residents can place up to ten 32-gallon units of extra
garbage and yard waste at the curb at no additional charge, but only on your normal yard
waste.
10. Information Only/Meet Me on Meeker Design and Construction Standards
Hayley Bonsteel, Senior Long Range Planner weighed in with the committee on key items
related to the Meet Me on Meeker design and construction standards. The Meet Me on
Meeker draft Design and Construction Standards are undergoing extensive staff review.
Early comments by staff have focused on improving clarity, as well as remedying errors
and inconsistencies. Substantial changes are in the works but a new draft is not yet
prepared.
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The Meet Me on Meeker project was born out of the Economic Development Plan, and is
consistent with many policies in the Comprehensive Plan and the Transportation Master
Plan (TMP), as well as the Complete Streets ordinance adopted in 2016. The project itself
is not listed in the Transportation Master Plan as multimodal but rather as a widening
project; however, changes to Kent’s transportation system since the mid 2000’s (such as
Veterans Drive) mean that the five-lane arterial may no longer make economic sense due
to the cost of replacing the Meeker Street Bridge.
11. Information Only/Sound Transit Preferred Site Alternative & Non-
Motorized Access Improvements – Kent Station
Karen Kitsis, Transit Representative gave an overview of the past workshops;
Kent/Des Moines Station Area Workshop – Highline College 5/22/17
Meeting purpose – Sound Transit staff updated workshop participants on the
project’s progress and asked for input on the aesthetics and design qualities of the
Kent/Des Moines Station. Breakout groups provided input on the station entrance
plaza, parking garage, and station canopies. Workshop goals included identifying
design treatment preferences and sharing future input opportunities.
S. 272nd Street Station Area Workshop – Highline College 6/13/17
Meeting purpose – Workshop goals included identifying design treatment
preferences and sharing future opportunities for public and stakeholder input.
Sound Transit staff updated workshop participants on the projects progress and
asked for input on the aesthetics and design qualities of the S. 272nd Station.
Breakout groups provided input on the station entrance plaza and parking garage.
12. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director/City Engineer noted that we have two
tentative dates for diagnostics with Burlington Northern railroad in November. Staff
anticipates scheduling the diagnostics in the next two weeks.
Committee member Ralph noted that the Operations Committee recently changed the
reserve policy to 18% from 10%, and moved to eliminate the Strategic Opportunities
Fund and the Contingency Fund for unanticipated costs. Moving money from these two
funds could provide $1,400,000 for the Quiet Zone.
Aaron BeMiller, Finance Director noted that Council action would be required to make this
happen Higgins asked that documentation be prepared for the future budget.
It was noted that the UP Railroad Agreement will cost $280,000 and will require the city to
reimburse 100% of actual costs. The amount of the agreement is an estimate and the City
will be responsible for any costs exceeding the estimate. This agreement and associated
work are in the critical path for completing the Quiet Zone on the UP.
Adjournment: At 5:19 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth, Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: October 4, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: South King County Area Transportation Board Agreement -
Recommend
Summary: The City of Kent is a member of the South King County Area
Transportation Board (SKCATBd) which was developed to share information, build
consensus, and provide advice on plans, programs, policies and priorities for
countywide, regional, state and federal transportation decisions.
The attached agreement identifies members and voting rights, representatives,
operating procedures, the lead agency, financing and cost sharing. The City is a full
voting member.
The current agreement expires at the end of December 2017. With council
approval, the new agreement would be in place through December 2021.
EXHIBITS: South King County Area Transportation Board Agreement
BUDGET IMPACT: $100 annual membership, to be paid for with Street funds.
MOTION: Move to recommend Council authorize the Mayor to sign the
South King County Area Transportation Agreement subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
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South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
City of SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on____________.
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
“Algona”; the CITY OF AUBURN, hereafter called “Auburn”; the CITY OF BLACK DIAMOND,
hereafter called “Black Diamond”; the CITY OF BURIEN, hereafter called “Burien”; the CITY OF
COVINGTON, hereafter called “Covington”; the CITY OF DES MOINES, hereafter called “Des
Moines”; the CITY OF ENUMCLAW, hereafter called “Enumclaw”; the CITY OF FEDERAL WAY,
hereafter called “Federal Way”; the CITY OF KENT, hereafter called “Kent”; the CITY OF MAPLE
VALLEY, hereafter called “Maple Valley”; the CITY OF MILTON, hereafter called “Milton”; the
CITY OF NORMANDY PARK, hereafter called “Normandy Park”; the CITY OF PACIFIC, hereafter
called “Pacific”; the CITY OF RENTON, hereafter called “Renton”; the CITY OF SEATAC, hereafter
called “SeaTac”; the CITY OF TUKWILA, hereafter called “Tukwila”; the MUCKLESHOOT INDIAN
TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called “King
County” as members of the South County Area Transportation Board.
WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board has served as the central forum for
information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the south King County area;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
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1.0 Purpose of this Agreement
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board, unless otherwise noted, including:
1. Administrative issues, such additional members and use of dues
2. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
3. Recommendations to King County on Metro Transit planning, development and implementation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
5. Recommendations to WSDOT on policies, programs and projects.
6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
7. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of the
parties to this agreement in attendance at a regular meeting.
1. Recommendations to WSDOT on policies, programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
3. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non-voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area
Transportation Board.
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3.0 Representation and Conduct
3.1 Representation of city and county members shall be as follows:
Full Voting Members Number of Representatives
City of Algona 1
City of Auburn 1
City of Black Diamond 1
City of Burien 1
City of Covington 1
City of Des Moines 1
City of Enumclaw 1
City of Federal Way 1
City of Kent 1
City of Maple Valley 1
City of Milton 1
City of Normandy Park 1
City of Pacific 1
City of Renton 1
City of SeaTac 1
City of Tukwila 1
Muckleshoot Indian Tribe 1
King County 3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one-year term. King County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county participating member may appoint an alternate for a one-year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited
voting members and non-voting members, if any, dues for limited and non-voting members, if any, and
operational issues such as election of officers, formation of subcommittees and rules of order. A chair
and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting
agenda, running meetings and any other activities identified in the operating procedures.
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole
discretion, shall determine the level of staffing available based upon funding.
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board
meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting
summaries.
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6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of
$100.00 per full voting representatives in annual dues to remain members in good standing. The Lead
Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt
of the invoice. Members not in good standing shall lose voting rights until the required dues are paid.
Additional dues above $100.00, and any dues required by limited or non-voting members, will be
determined by the South County Area Transportation Board as prescribed in the operating procedures.
Revenue from dues shall be used for special events, public education, or other expenses authorized by
the South County Area Transportation Board. The designated Lead Agency shall not be required to pay
yearly dues.
6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether additional annual dues above $100.00 per voting representatives will be
required of the South County Area Transportation Board member jurisdictions for the following year.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members, with an option for
King County to recuse itself from further financial obligations. Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost-sharing, purpose, scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the
effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal. All
obligations other than dues cease upon withdrawal.
Each party’s funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party’s governing body of sufficient funds. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2019, provided that unless terminated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2020 and ending no later than December 31, 2021.
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This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2015, provided that unless terminated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2016 and ending no later than December 31, 2017.
9.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to be
effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash
shall remain with the Lead Agency.
11.0 Return of Funds
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party’s
percentage share of the total balance at the time of termination.
12.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents
of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party,
its contractor, and/or employees, agents, and representatives in performing the first party’s obligatio ns
under this Agreement. The parties agree that their obligations under this paragraph extend to claims
made against one party by the other party’s own employees. For this purpose, the parties, by mutual
negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
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either party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section,
against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party.
13.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party’s
withdrawal from this Agreement.
14.0 Entirety and Modifications
14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between the
parties.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By:_______________ By:_______________ By:_____________________
Date: August 29, 2013 Date: August 5, 2013 Date: August 16, 2013
City of Burien City of Covington City of Des Moines
By:_______________ By:_______________ By:________________
Date: October 9, 2013 Date: August 28,2013 Date: September 5, 2013
City of Federal Way City of Kent City of Maple Valley
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By: see attached By:_______________ By:_________________
Date:______________ Date: September 3,2013 Date: September 3, 2013
City of Normandy Park City of Pacific City of Renton
By:________________ By:_______________ By: see attached
Date: September 10, 2013 Date: August 14, 2013 Date: ______________
City of SeaTac City of Tukwila Muckleshoot Indian Tribe
By:_______________ By:________________
Date: August 27, 2013 Date: August 8, 2013
King County
By:________________
Date: _______________
City of Algona City of Auburn City of Black Diamond
By:_______________ By:_______________ By:_____________________
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Date: _______________ Date: Date:______________
City of Burien City of Covington City of Des Moines
By:_______________ By:_______________ By:________________
Date:________ Date:_________ Date: ______________
City of Federal Way City of Kent City of Maple Valley
By: By:_______________ By:_________________
Date:______________ Date:_____________ Date: _______________
City of Normandy Park City of Pacific City of Renton
By:________________ By:_______________ By:
Date:_______________ Date: _____________ Date: ______________
City of SeaTac City of Tukwila Muckleshoot Indian Tribe
By:_______________ By:________________ By:________________
Date:______________ Date: ______________ Date: ______________
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King County City of Enumclaw City of Milton
By:_______________ By:________________ By:
Date:______________ Date: ______________ Date:
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 16, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Quiet Zone/Union Pacific Railroad Crossing Authorization for
Crossing Improvements – Meeker Street - Recommend
Summary: Establishment of a Quiet Zone on the Union Pacific (UP) railroad
tracks requires channelization work to be completed by the city on streets
approaching the tracks. Improvements to UP signal equipment must also be
completed by UP. The railroad improvements include installation of a new
railroad signal cabinet with constant warning detection and new cables to all signals.
Constant warning detection adjusts crossing signals to the speed of the oncoming
train to give the same amount of warning at crossings regardless of whether or not
the train is moving slowly or very rapidly.
Only the Union Pacific Railroad is able to complete the signalization work within the
railroad right-of-way. The Union Pacific Railroad Agreements will require the local
jurisdictions to reimburse 100% of actual costs. The amount of the agreement is an
estimate and the City will be responsible if any costs exceed the estimate.
EXHIBITS: Authorization for Crossing Improvements – Union Pacific Railroad
BUDGET IMPACT: The authorized budget for the Quiet Zone currently is $450,000
of which approximately $100,000 has been spent on the consultant and in-house
engineering work to date. An additional $300,000 is included in the 2018 budget.
This UP work ($280,000) can be accomplished within this current budget balance.
MOTION: Move to recommend Council authorize the Mayor to sign the
Authorization for Crossing Improvements Agreement with the Union
Pacific Railroad, subject to final terms and conditions acceptable to the
City Attorney and the Public Works Director.
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AUTHORIZATION FOR CROSSING IMPROVEMENTS
THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made
and entered into as of _______ day of ____________________, _______ ("Effective Date"),
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"),
and CITY OF KENT a municipal corporation or political subdivision of the State of Washington
("Licensee").
RECITALS
In accordance with the terms and conditions of this Agreement, Licensee and Railroad
desire to improve the existing, at-grade crossing area ("Project") along, over and across
Railroad's track and right of way, as such crossing area is more particularly described on
Exhibit A attached hereto and made a part hereof ("Crossing Area").
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad agrees to perform the Project work described on Exhibit B attached
hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on
Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering
review, construction, inspection, flagging, procurement and delivery of materials, equipment
rental, manpower and all direct and indirect overhead labor/construction costs, including
Railroad's standard additive rates. Such standard additive rates may be subject to upward or
downward adjustment based on industry standards and practices, and the parties acknowledge
and agree that any such adjustment to standard additive rates may be made retroactively.
2. Licensee has appropriated sufficient funds to complete the Project and shall
reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in
accordance with Exhibit D attached hereto.
3. If Licensee will be performing any Project work, such work is described on
Exhibit B attached hereto ("Licensee Work"). Licensee shall perform the Licensee Work, if any,
at its sole cost, and Railroad consents to Licensee (or any contractor or other agent hired by
Licensee) performing the Licensee Work within the Crossing Area, subject to complying with the
terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant
Licensee (or any contractor or other agent hired by Licensee) any property interest in the
Crossing Area or other Railroad property.
4. If Licensee hires a contractor or other agent to perform the Licensee Work,
Licensee shall require such contractor or agent to execute Railroad's then current form of
Contractor's Right of Entry Agreement and to comply with the requirements set forth in therein.
5. No work of any kind shall be performed, and no person, equipment, machinery,
tools, materials, vehicles or other items shall be located, operated, placed or stored within
twenty-five (25) feet of any track at any time for any reason except as otherwise provided
herein. Prior to commencing the Licensee Work, and if the performance of any Licensee Work
requires any person or equipment to be within twenty-five (25) feet of any track, Licensee shall
provide Railroad at least thirty (30) working days advance notice of the performance of such
21
2
proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform
Licensee whether a flagman need to be present or whether Licensee needs to implement any
special protective or safety measures. Subject to Exhibit D, in the event that flagging or other
special protection or safety measures are required to be performed in connection with the
Railroad Work specifically or the Project generally, and regardless if the costs for such
measures are included in the Estimate, Licensee shall be responsible for all such costs incurred
in connection therewith.
6. Prior to commencing any Licensee Work, Licensee shall telephone (or shall
cause its contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to
9:00 p.m., Central time, Monday through Friday, except holidays) at 1-800-336-9193 to
determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection
with the Licensee Work. If fiber optic cable is present, Licensee, at its sole cost, will coordinate
(or will cause its contractor or agent to coordinate) with the applicable telecommunications
companies for the relocation or other protection of the fiber optic cable prior to beginning any
Licensee Work.
7. Licensee, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements
made under this Agreement.
8. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
9. This Agreement sets forth the entire agreement between the parties regarding
the Project and the installation and maintenance of the Project improvements within the
Crossing Area. To the extent that any terms or provisions of this Agreement regarding the
installation and maintenance of such Project improvements are inconsistent with the terms or
provisions set forth in any existing agreement affecting the Crossing Area, such terms and
provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the Effective Date.
CITY OF KENT UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Kevin Hicks, AVP Engineering
Printed Name
Title
22
EXHIBIT A
Description of Crossing Location
Street West Meeker Street DOT # 396580M
Subdivision Seattle Sub Milepost 166.88
City City of Kent State WA
County King County
23
EXHIBIT B
Scope of Work
Railroad Work:
Remove old signal cabin. Replace with 6x6 cabin with constant warning. Bore new cable
to all signals.
For projects involving signal work, see diagram included in this Exhibit B.
Licensee Work:
No work to be performed by Licensee.
24
EXHIBIT C
Estimate Cover Page
(see attached)
25
Material And Force Account Estimate
City of Kent
Estimate Creation Date: 07/10/2017 Number: 112704 Version: 1
Standard Rates: 190.39%
Estimate Good Until 04/10/18
Location: SEATTLE SUB, SIMN, 146.66-172.85
Buy America: No
Description of Work: KENT, WA WEST MEEKER ST MP 166.88 SEATTLE SUBDIVISION DOT#396580M WO#37051
PID#100840 100% RECOLLECTABLE
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL UP 00%Agncy 100%
Cost
SIGNAL
gates and cants to remain Xing - Location Removal (Gate
s)
1 LS 2,000.00 2,000 0 2,000 0 2,000
gate and cants existing, new gate
mechs, new cable to all
Xing - 1 Trk CWE w/Gates 1 EA 131,584.00 41,200 90,384 131,584 0 131,584
RIO Xing - Track Card (Main and S
tand-by) New Cable
1 EA 12,889.00 6,000 6,889 12,889 0 12,889
Xing - AC/DC Island Only 1 LS 6,007.00 0 6,007 6,007 0 6,007
Xing - Fill/Rock/Gravel 1 LS 4,000.00 0 4,000 4,000 0 4,000
Xing - Boring 1 LS 10,000.00 0 10,000 10,000 0 10,000
Xing - Labor Additive 1 LS 106,468.00 106,468 0 106,468 0 106,468
Xing - Engineering Design 1 LS 6,721.00 6,721 0 6,721 0 6,721
Sub-Total = 162,389 117,280 279,669 0 279,669
Totals = 162,389 117,280 279,669 0 279,669
Grand Total = $279,669
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an
increase or decrease in the cost or amount of material or labor required, City of Kent will pay actual
construction costs at the current rates effective thereof.
______________________________________________________________________________________________________________________________
Monday, July 10, 2017 Page 1 of 1
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28
EXHIBIT D
Reimbursement Method
Licensee agrees to reimburse Railroad for one hundred percent (100%) of actual costs incurred
by Railroad in connection with the Railroad Work. During the performance of the Railroad Work,
Railroad will provide progressive billing to Licensee based on Railroad’s actual costs. Within
one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing
to Licensee for any balance owed Railroad in connection with the Railroad Work. Licensee shall
pay Railroad within thirty (30) days after Licensee's receipt of any progressive and final bills
submitted by Railroad.
29
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30
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: October 5, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP Transportation Engineering Manager
THROUGH: Chad Bieren P.E., Deputy Director / City Engineer
SUJBECT: Infrastructure For Rebuilding America (INFRA) Grant - Letter of
Support to Washington State Department of Transportation
(WSDOT) - Recommend
SUMMARY: In 2015, the Washington State Legislature approved the Connecting
Washington Legislation including the SR167 and SR509 Gateway projects. This
legislation identified a budget of $1.87 billion to construct both projects, though some
funding is still needed.
The US Department of Transportation has issued a call for projects to apply for the
Infrastructure For Rebuilding America (INFRA) grants to help fund critical freight and
highway project across the country. INFRA has replaced the FASTLANE grants under the
current administration. The Gateway projects qualify for this grant. WSDOT will be
applying for a grant in the $100 million range in November.
Support from stakeholders is beneficial to the grant application. If approved by council,
a draft letter has been prepared for signature.
EXHIBIT: Draft letter of support
BUDGET IMPACT: None
MOTION: Recommend Council authorize Council President Boyce to sign a
letter of support for the Washington State Department of Transportation’s
Puget Sound Gateway Program application for the federal Infrastructure
For Rebuilding America grant.
31
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32
CITY COUNCIL
Bill Boyce, President
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6712
PHONE: 253-856-5712
October 17, 2017
The Honorable Elaine L. Chao, Secretary
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
RE: Letter of Support for the WSDOT INFRA Grant Application
Dear Secretary Chao:
I am writing to express my support for the Washington State Department of Transportation's
(WSDOT) 2017 INFRA grant application for the Puget Sound Gateway Program.
The Puget Sound Gateway Program completes the long-planned State Route 167 and 509
corridors, two critical connections on the nation’s freight transportation system serving a major
North American gateway for international trade. The new portions of SR 509 and SR 167 will
reduce congestion, increase mobility between manufacturing/industrial centers, and allow for
faster and more efficient freight movement to and from the ports of Seattle and Tacoma. The
extension of SR 509 will also help create a new southern access to the Seattle-Tacoma (Sea-
Tac) International Airport for both passenger and air cargo.
Puget Sound’s economy is critically dependent on the efficient movement of freight on its
roadways. Operating jointly as the Northwest Seaport Alliance, the ports of Seattle and Tacoma
are the fourth largest container gateway in North America, responsible for 48,000 jobs and
more than $4 billion in economic activity. The nearby cities of Kent, Sumner and Puyallup are
home to the second-largest distribution center complexes on the West Coast and the fourth-
largest in the country. Sea-Tac International Airport is the fastest growing airport in the United
States and the third largest airport for international trade on the West Coast, exporting 62,375
Metric Tons of US-made cargo a year.
Kent has been preparing for the Gateway projects by securing over $80 million through local
investments and grants for the construction of the corridor that will link the 509 project to the
manufacturing and warehousing district in the Kent Valley. The last phase of this project began
in the summer of 2016. Completing the 509 and 167 projects is essential for our region, state
and nation to remain competitive with other nations on the Pacific Rim.
Sincerely,
Bill Boyce,
Council President
33
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34
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 4, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Limited License Agreement with Kent
Downtown Partnership for Dragonfly Artwork
Summary: In 1997, the Washington State Legislature designated the common
green darner dragonfly (Anax junius drury) as the State Insect. The idea was
brought to the legislature from school children in the Kent School District. The
Kent Downtown Partnership has seventeen metal sculptures they would like to
install on pedestrian street lights in the downtown area. These sculptures would
be hung on the hanging flower basket brackets by the KDP under a limited
license agreement. All costs associated with the installation and maintenance of
this artwork would be the responsibility of the KDP.
Under the terms of the agreement, KDP will provide a Certificate of Insurance
prior to installation of the work consistent with amounts established by the City.
The dragonfly sculptures are approximately 2-feet by 2 feet and weigh about 10
pounds.
EXHIBITS: Draft Limited License Agreement the City of Kent and the Kent Downtown
Partnership and a photo of the dragon fly art.
BUDGET IMPACT: No Impact
MOTION:
INFORMATION ONLY/NO MOTION REQUIRED
35
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36
LIMITED LICENSE--Page 1 of 10
(between City of Kent and Kent Downtown Partnership)
LIMITED LICENSE BETWEEN
THE CITY OF KENT AND
KENT DOWNTOWN PARTNERSHIP
PARTIES
THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and KENT DOWNTOWN
PARTNERSHIP, a private, non-profit 501(c)3 membership organization
(“Licensee").
RECITALS
1. Licensee seeks to install seventeen (17) metal dragonflies that
measure approximately 2-feet by 2-feet onto existing flower pot hangers on city-
owned pedestrian street lights.
2. Licensee has requested that the City grant a permit to use City
property and right-of-way to install and maintain these improvements and to
undertake responsibility and liability for any negligent performance of the same.
3. The City has agreed to issue this license pursuant to the following
conditions.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License (“License”) for a
period of ten (10) years from the Effective Date (the “Term”) for Licensee to install
and maintain seventeen (17) metal dragon flies on _pedestrian street
lights_______ (“Premises”) across, along, in, upon, and under a section of the
City’s right-of-way described in Exhibit A (“Property”). City and Licensee agree
that this License shall automatically renew at the end of the Term, and a new ten
(10) year Term shall commence, unless terminated as provided in Section 3 of this
License. A general description and visual representation of the plans and
specifications for the improvements is attached as Exhibit B (“Improvements”).
This License is subject to all the terms and conditions established below.
2. Damage to Premises and Restoration. Licensee shall repair any
damage to the Premises caused by the installation, construction, operation,
maintenance, removal, repair, reconstruction, replacement, use, and inspection of
the Improvements on the Premises. Upon revocation, termination, or expiration of
37
LIMITED LICENSE--Page 2 of 10
(between City of Kent and Kent Downtown Partnership)
this License, Licensee shall restore the Property and Premises to their original
condition prior to the issuance of the License. Such restoration obligation shall
survive the expiration of this License.
3. Revocation and Termination. The intent of this License is to
authorize Licensee to install several improvements and fixtures upon the City’s
property, which constitutes a valuable property interest owned by the City. This
License does not grant an estate in the land described as the Property; 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 Property. As a License upon real property, it is revocable
at the will of the City. However, prior to termination or revocation by the City, the
City shall provide Licensee with at least thirty (30) calendar days’ written notice of
termination or revocation. Upon receipt of such notice from the City, Licensee may
be required to remove all Improvements and restore the Premises and Property
pursuant to Section 2. If Licensee fails to remove the Improvements within the
allotted time, the City may remove all or part of the Improvements, restore the
Property and Premises, 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 Improvements.
4. Permits Required. 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 Improvements. Licensee's failure to
comply with this Section 4 shall constitute grounds for immediate revocation by the
City.
5. Maintenance.
5.1 Operation and Maintenance. Licensee shall operate and maintain the
Improvements and Property during and after construction in a clean, well-kept,
orderly and safe condition to the satisfaction of the City. Licensee shall remove all
graffiti on the Improvements as soon as practical, but no later than fourteen (14)
days after receiving notice from the City.
5.2 Repairs. Licensee shall promptly make repairs at Licensee’s cost, as
necessary, to ensure the Improvements and Property are kept in good condition to
the satisfaction of the City.
5.3 Annual Inspection. Licensee shall inspect the mounting hardware
annually and immediately correct any deficiencies to ensure the mounting hardware
is in the approved condition shown in Exhibit B at all times
5.4 Damage by third party. Any damage to the Improvements caused by a
38
LIMITED LICENSE--Page 3 of 10
(between City of Kent and Kent Downtown Partnership)
third party shall be resolved between the Licensee and the third party. If a light
pole is knocked down, the City will attempt to recover the Improvement and return
to the licensee.
6. Removal or Relocation. Licensee understands and acknowledges
that the City may require Licensee to remove or relocate its Improvements, or any
portion thereof, from the Property, and Licensee shall remove or locate the
Improvements at Licensee’s sole cost and expense, whenever the City reasonably
determines that the relocation or removal is needed.
7. Access. The City shall have free access to the Premises at any and all
times without any prior notice to Licensee whatsoever.
8. Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health, or safety of any individual, Licensee
shall 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, Licensee shall notify the City of the emergency as soon as
reasonably possible and this emergency work shall not relieve Licensee from its
obligation to obtain all permits necessary for this purpose.
9. Theft of Improvements. The City shall not be responsible for any
Improvements that are stolen from the Property.
10. Indemnification. Licensee shall comply with the following
indemnification requirements:
10.1 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,
including maintenance activities, except to the extent caused by the sole negligence
of the City, its employees, agents, contractors, or invitees.
10.2 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.
10.3 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
39
LIMITED LICENSE--Page 4 of 10
(between City of Kent and Kent Downtown Partnership)
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 7
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.
10.4 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 10 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 10 indemnification clause.
10.5 The provisions of this Section 10 shall survive the expiration or
termination of this License.
11. Insurance. Licensee shall procure and maintain for the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work by Licensee. Licensee also agrees to
require the same coverage of its agents, representatives, employees, contractors,
subcontractors, consultants, subconsultants, or assigns performing work under the
scope of this License and to assure that such coverage is
11.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
11.1.1 Automobile Liability insurance with limits no less
than $1,000,000 combined single limit per accident for bodily injury and property
damage; and
11.1.2 Commercial General Liability insurance written on
an occurrence basis with limits no less than $2,000,000 combined
single limit per occurrence and general aggregate for personal injury,
bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad
form property damage; explosion, collapse and underground (XCU);
and employer’s liability.
12.2 Any payment of deductible or self-insured retention shall be
the sole responsibility of Licensee.
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LIMITED LICENSE--Page 5 of 10
(between City of Kent and Kent Downtown Partnership)
12.3 The City, its officers, officials, employees, agents, assigns and
volunteers shall be named as an additional insured on the insurance policy, as
respects work performed by or on behalf of the Licensee and shall make its
endorsement available for inspection by the Licensor. Licensor waives no rights
and Licensee is not excused from performance if Licensee fails to provide Licensor
with a paper copy of the endorsement naming the City as an additional insured.
12.4 Licensee’s insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer’s liability.
12.5 Licensee’s insurance shall be primary insurance as respects the
City, and the City shall be given thirty (30) calendar days prior written notice
electronically and by United States mail of any cancellation, suspension or material
change in coverage.
13. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
14. 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, which approval will not be unreasonably withheld or delayed. Licensee
shall, no later than thirty (30) days prior to the date of any proposed assignment,
file written notice of intent to assign the License with the City together with the
assignee’s written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the
right, without such notice or such written acceptance, to mortgage its rights,
benefits, and privileges in and under this License to the trustee for its bondholders
and assign to any subsidiary, parent, affiliate or company having common control
with Licensee so long as notice of same is provided to the City and provided
Licensee remains fully liable to the City for compliance with all terms and conditions
of this license until such time as the City shall consent to such assignment as
provided above.
15. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
16. Venue and Jurisdiction. This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington. 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
41
LIMITED LICENSE--Page 6 of 10
(between City of Kent and Kent Downtown Partnership)
noted in Section 10.
17. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, shall be in writing and shall be
deemed to have been given when sent by registered or certified mail, return receipt
requested, to the addresses listed below for each party, or to such other person or
address as either party shall designate to the other party in writing:
CITY:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
LICENSEE:
______________________
______________________
______________________
______________________
18. No Waiver of Rights. Nothing in this License shall constitute a
waiver of either party’s right to challenge any portion of the License that is not in
accordance with applicable federal, state and local laws.
19. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties 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. This License shall be effective upon the last day
executed below (Effective Date).
20. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
This License is executed and shall become effective as of the last date signed
below.
CITY OF KENT
By:
Print Name:SUZETTE COOKE
Its: Mayor
Date:
LICENSEE
By:
Print Name:
Its:
Date:
P:\Civil\Forms\Deeds,Easements,QuitClaimDeed,Leases\Limited License Agreement.docx
42
LIMITED LICENSE--Page 7 of 10
(between City of Kent and Kent Downtown Partnership)
43
LIMITED LICENSE--Page 8 of 10
(between City of Kent and Kent Downtown Partnership)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby 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 is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-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.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
44
LIMITED LICENSE--Page 9 of 10
(between City of Kent and Kent Downtown Partnership)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of as its
, and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
-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.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
45
EXHIBIT A
“Premises” shall be city-owned pedestrian street lights in the downtown
area bordered by Fourth Ave on the west, Titus Street on the south, First
Ave on the East and Temperance Street on the north, inclusive of all city-
owned right-of-ways along these streets.
46
EXHIBIT B
1)Dragon flies shall be fastened to post flower hangers using bolted U-
brackets per the drawing above.
2)U-brackets, u-bolts, nuts and stabilizer plates shall be painted black
and maintainted .
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Dragon Fly Outside of
KDP Offices
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50
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: October 16, 2017
TO: Public Works Committee Members
FROM: Dave Brock P.E., Deputy Public Works Director / Operations Manager
SUBJECT: Information Only/West Hill Water System Capital Improvements
SUMMARY: An additional water tank, pump station, piping upgrades, and stand-by
generator are some of the capital improvements needed within the West Hill Water
System to meet regulatory requirements for firefighting storage, improve system
resiliency, and perform facility life cycle improvements. An overview of the West Hill
water system and identified capital improvements will be provided through this
presentation.
EXHIBIT: None
BUDGET IMPACT: Planning level cost estimates of each improvement will be
completed as part of the Water System Plan which is currently being updated.
Detailed cost estimates are performed as project design progresses. Water Utility
revenue would be used to pay project expenses.
INFORMATION ONLY/NO MOTION REQUIRED
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52
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: October 16, 2017
TO: Public Works Committee Members
FROM: Matt Knox, P.W.S., Environmental Engineering Supervisor
Mike Mactutis P.E., Environmental Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Grant and Construction Update for Leber
Homestead and Downey Farmstead Salmon Enhancement
Projects
SUMMARY: The grant-funded 8.6 acre Leber Homestead salmon enhancement
project was substantially completed in December 2016. Maintenance and monitoring
to comply with environmental permits and grant requirements began in early 2017.
The 22-acre Downey Farmstead salmon enhancement project is expected to begin in
2018. Grant funds to relocate Frager Roadway and utilities (Phase I) out of the way
of the future habitat project have been secured, and over $800,000 in habitat
improvement funds are expected by the end of the year to fund initial habitat
enhancement. Approximately $5 million more in habitat funds will be needed to
complete the project.
EXHIBIT: None
BUDGET IMPACT: Grants from King County Cooperative Watershed Management
Fund, Puget Sound Acquisition and Restoration fund and Salmon Recovery Funding
Board will cover Phase I costs except for required match of $53,000.
INFORMATION ONLY/NO MOTION REQUIRED
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54
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: October 16, 2017
TO: Public Works Committee Members
FROM: Tim LaPorte P.E., Public Works Director
SUBJECT: Information Only/James Street Maintenance - Update
SUMMARY: Staff will give an update on the James Street improvements.
EXHIBIT: None
BUDGET IMPACT: N/A
INFORMATION ONLY/NO MOTION REQUIRED
55