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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 10/16/2017 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana 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 1 This page intentionally left blank 2 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. 3 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. 4 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=2 017 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. 5 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 6 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. 7 This page intentionally left blank 8 1 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: 9 2 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. 10 3 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. 11 4 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. 12 5 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 13 6 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 14 7 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:_____________________ 15 8 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: ______________ 16 9 King County City of Enumclaw City of Milton By:_______________ By:________________ By: Date:______________ Date: ______________ Date: 17 This page intentionally left blank 18 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. 19 This page intentionally left blank 20 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 26 3 4 T 4 3 T W ( S ) E ( N ) A S A 1 2 0 V T O 2 4 0 V A D A P T E R . F O R 2 4 0 V T O 2 4 0 V I S P R O V I D E D A S W E L L P O R T A B L E G E N E R A T O R E X T E N S I O N C O R D 2 5 ’ 3 0 ’ 5 ’ 1 5 ’ 1 5 ’ 5 ’ T O B E V E R I F I E D B Y F I E L D O F F S E T A N D I S L A N D D I S T A N C E S CONNECTS TO M .P. 166.80 CONNECTS TO M .P. 167.00 = = = = = = = = = = = = = = = = = = = = = = = = = = = = 1 2 5 6 7 8 5 6 L E N G T H S S H O U L D N O T E X C E E D M A N U F A C T U R E R ’ S 5 6 7 8 5 6 1 2 T O P E N I N S U L A J C T . 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L . +- 2 9 3 ’ 9 4 ’ P . S . +- 2 0 6 ’ M o d i f i c a t i o n L e v e l Q . A . L a s t L e v e l C h e c k e d L a s t L e v e l M o d T h i s T y p i c a l L a s t L e v e l b y D e s i g n e r C h a n g e d F r o m T y p i c a l ? R e v D V D V D V Y 0 9 . 2 3 . 1 6 4 K 2 T U C G T Y P . 1 X S W . B S E M I - B I 8 6 H Z C O N S T R U C T I O N N O T E S : 1 . C O N S T R U C T I O N N O T E S : 1 . 5 . A N D C A N T I L E V E R S . F I E L D T O V E R I F Y A N D R E U S E E X I S T I N G G A T E , F L A S H E R S 6 . O R D E R A N D I N S T A L L ( 2 ) R I O C A R D ( 8 0 4 1 3 ) . O R D E R A N D I N S T A L L N E W G A T E M E C H A N I S M S . S E M I - B I 1 5 6 H Z S E M I - B I 1 3 . 2 k H Z 1 5 6 H Z1T1 0 ’ 6 " 1 0 ’ 6 " 1 0 ’ 6 " 1 0 ’ 6 " M . P . 1 6 7 . 0 0 P R E D A X W I L L I S S T R E E T S E M I - B I 2 1 1 H Z 5 2 5 H Z 4 . N E W C A B L E S T O G A T E S A N D C A N T I L E V E R S . D A X +- 6 0 ’ D A X D A X 7 . 2 0 . 0 K H Z A F O 2 0 . 0 K H Z A F O D A X T O W E S T M E E K E R S T R E E T D A X T O S M I T H S T R E E T D A X T O W E S T M E E K E R S T R E E T P R E D A X W I L L I S S T R E E T D A X T O S M I T H S T R E E T D A X T O W E S T M E E K E R S T R E E T A N D ( 1 ) 1 , 3 0 0 ’ D A X C A B L E F R O M M . P . 1 6 6 . 6 6 . O R D E R A N D I N S T A L L ( 1 ) 7 0 0 ’ D A X C A B L E F R O M M . P . 1 6 7 . 0 0 D a t e : D e s : C h k : A F E : S h . : D O T M P : I D : 0 3 / 1 4 / 1 7 X R L T L C 3 7 0 5 1 13 9 6 5 8 0 M 1 6 6 . 8 8 K E N T , W A S H I N G T O N W E S T M E E K E R S T R E E T S E A T T L E S U B D I V I S I O N O m a h a , N e b r a s k a O f f i c e o f A V P E n g i n e e r i n g - S i g n a l U N I O N P A C I F I C R A I L R O A D 5 0 7 4 1 6 6 8 8 . 1 X 2 . R XTB XTN B 3 . ( 2 ) T A B 9 0 R E S I S T O R S A N D ( 1 ) R A C K 2 F O R T R A C K C I R C U I T . O R D E R A N D I N S T A L L ( 1 ) T A B 8 8 2 T R A C K R E L A Y A N D F O R T R A C K C I R C U I T . F I E L D R E U S E E X I S T I N G T A B 6 1 3 2 T C C O N V E R T E R N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L 27 S I G N A L D E S I G N T H E O F F I C E O F A U T H O R I T Y F R O M M A D E W I T H O U T A R E N O T T O B E M O D I F I C A T I O N S C I R C U I T H O U S E I N S T R U M E N T 5 8 3 3 8 0 S H T . 3 C O N N . 2 . 1 I N ( 1 0 ) CABLE T B 3 8 0 5 8 3 3 8 0 T B 3 8 0 2 . 2 I N CABLE H O U S E I N S T R U M E N T 2 6 2 8 3 5 3 7 6 6 6 6 - 6 6 8 8 D A X 3 0 3 8 0 3 1 3 8 0 ( 1 0 ) T O M . P . 1 6 6 . 6 6 U . G . C A B L E T O 7 C # 1 4 N 6 6 6 6 - 6 6 8 8 D A X 6 7 2 5 - 6 6 8 8 D A X N 6 7 2 5 - 6 6 8 8 D A X N 6 6 6 6 - 6 7 0 0 D A X 6 6 6 6 - 6 7 0 0 D A X 3 2 3 8 0 3 3 3 8 0 6 7 2 5 - 6 6 6 6 P R E N 6 7 2 5 - 6 6 6 6 P R E T O M . P . 1 6 7 . 0 0 U . G . C A B L E T O 7 C # 1 4 C A B L E T A B U L A T I O N C A B L E N O . 1 0 7 C # 1 4 U . G . B . T . H O U S E T O M . P . 1 6 7 . 0 0 C A B L E N O . 1 1 7 C # 1 4 U . G . B . T . H O U S E T O M . P . 1 6 6 . 6 6 ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 0 ) ( 1 0 ) ( 1 0 ) ( 1 0 ) D a t e : D e s : C h k : A F E : S h . : D O T M P : I D : 0 3 / 1 4 / 1 7 X R L T L C 3 7 0 5 1 1 A 3 9 6 5 8 0 M 1 6 6 . 8 8 K E N T , W A S H I N G T O N W E S T M E E K E R S T R E E T S E A T T L E S U B D I V I S I O N O m a h a , N e b r a s k a O f f i c e o f A V P E n g i n e e r i n g - S i g n a l U N I O N P A C I F I C R A I L R O A D 5 0 7 4 1 6 6 8 8 . 1 A X N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L 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 This page intentionally left blank 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 This page intentionally left blank 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 This page intentionally left blank 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 This page intentionally left blank 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. 40 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 . 47 This page intentionally left blank 48 Dragon Fly Outside of KDP Offices 49 This page intentionally left blank 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 51 This page intentionally left blank 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 53 This page intentionally left blank 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