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Home My WebLink AboutCity Council Meeting - Council - Regular Agenda - 05/17/2022 KENT CITY COUNCIL AGENDA Tuesday, May 17, 2022 7:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 825 9740 7874, Passcode: 893089 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Proclamation for National Police Week ii. Proclamation for National Public Works Week iii. Proclamation for Women in Aerospace Day iv. Appointment to the Civil Service Commission B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report City Council Meeting City Council Regular Meeting May 17, 2022 C. Councilmembers' Reports 6. PUBLIC HEARING A. Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - May 3, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - May 3, 2022 7:00 PM B. Payment of Bills - Authorize C. Appointment to Civil Service Commission - Confirm D. Lodging Tax Grant Applications & Funding Levels as Recommended by the Lodging Tax Advisory Committee - Approve E. Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2022 and March 31, 2022 - Adopt F. Consultant Services Agreement with Consor North America, Inc. DBA Murraysmith, Inc. for the Sanitary Sewer Comp Plan - Authorize G. Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance - Authorize H. Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance - Authorize I. Consultant Agreement with KBA, Inc. for the S. 212th Street Preservation Project - Authorize 9. OTHER BUSINESS City Council Meeting City Council Regular Meeting May 17, 2022 A. Resolution setting June 21, 2022 as the Date for the Public Hearing on the Street Vacation at Naden Avenue Assembly - Adopt B. Resolution Setting June 21, 2022, as the Date for the Public Hearing on the Street Vacation of Alleyway - Adopt 10. BIDS A. Salt Air Vista Park Renovation Project Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. PROCLAMATION WHEREAS, Congress and the President of the United States have designated May 15 as Peace Officer's Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, the members of the Kent Police Department play an essential role in safeguarding the rights and freedoms of the citizens of KenU and WHEREAS,it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their police officers, and that members of our police department recognize their duty to serve people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS,the men and women of the Kent Police Department unceasingly provide a vital public service, working to create a safer community for all while strengthening trust and building genuine relationships; and wHEREAS,National Police Week is our time to remember all officers who have given the ultimate sacrifice in service to their communities and while Police Week has always been important to us, it has taken on an even deeper importance in our community after we lost Detective Focht in 2OL7 and Officer Moreno in 2018. NOW, THEREFORE, I, Mayor Dana Ralph, call upon all citizens of Kent and upon all patriotic, civic and educational organizations to observe the week of May 11- t7, 2022 as NATIONAL POLICE WEEK and join me in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and for preserving the rights and security of all citizens. Please also join me in recognizing and paying respect to the survivors of our fallen heroes. In witness whereof, I have hereunto set my hand this 17th day of May 2022. KENT WASHTNGToN Mayor Dana 4.A.1 Packet Pg. 4 Communication: Proclamation for National Police Week (Public Recognition) PROCLAMATION WHEREAS, the City of Kent recognizes the men and women in Kent who provide and maintain public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people; and, wHEREAS, wHEREAS, such facilities and services could not be provided without the dedicated efforts of public works professionals, engineers, managers and employees from State and local government and the private sector, who are responsible for and who plan, design, build, operate, and maintain the transpottation, water, wastewater, drainage infrastructure and facilities, and who deliver solid waste services, transit, and fleet services which are essential to serve our residents; and, it is in the public interest for the citizens, civic leaders and children in the United States of America to gain knowledge of and to maintain an interest and understanding of the importance of public works programs in their respective communities; and WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLATM MAY t5-27,t TO BE National Public Works Week and urge all our residents to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life. In witness whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Kent this 17th day of May 2022, KENT WA,sHtNo?oN Mayor Da lph 4.A.2 Packet Pg. 5 Communication: Proclamation for National Public Works Week (Public Recognition) wHEREAS, wHEREAS, WHEREAS, wHEREAS, wHEREAS, wHEREAS, PROCLAMATION aerospace is a vital economic engine for the city of Kent and surrounding areas, with over 22,0OO employed at global leaders across all sectors from commercial aviation to manufacturing and space including Boeing, Alaska Airlines, Blue Origin and many others; and while pioneering women such as Amelia Earhart, Harriet Quimby and Bessie Coleman in aviation, and the thousands of women leading aerospace manufacturing during World War II as embodied by the iconic Rosie the Riveter persona have been widely recognized and acclaimed, numerous groundbreaking women have played vital roles in all facets of aerospace as astronauts, engineers, executives, manufacturers, civilian and military leaders and in many other areas; and all sectors of aerospace face a critical worker shortage, but although women make up 51o/o of the population, studies estimate women accounted for just 10o/o of alljobs in aerospace pre-COVID; and numerous organizations in Washington state and across the country including the Pacific Northwest Aerospace Alliance (PNAA), Aviation Women Inspiring Next Generation (A-Wing), Women in Manufacturing Association (WiM) and many others work to support women in aerospace, create new opportunities and recruit more women to all sectors through a variety of initiatives; and Women in Aerospace Day was first registered and designated nationally on May 20, 2O2L by a female aerospace executive in Washington state to celebrate the invaluable accomplishments and contributions of women in all sectors including commercial aviation, defense, satellites and space; and promoting Women in Aerospace Day serves to raise awareness, generate interest and excitement and increase access among women and girls who might not know of the opportunities available in aerospace; and NOW THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM MAY 20, 2022, TO BE Women in Aerospace Day In Kent Washington and encourage all residents to recognize and celebrate the critical role women have played throughout the history of aerospace in Washington state and across the country. In witness whereof, I have hereunto set my hand this 17th day of May 2022. KENTWAsHtxoroN Mayor Dana Ralph 4.A.3 Packet Pg. 6 Communication: Proclamation for Women in Aerospace Day (Public Recognition) Page 1 of 9 Administration • The CAO recruitment continues to move forward. It is anticipated that advertising will start towards the end of the week of May 16 and will remain open for three to four weeks. • Leadership is meeting to review the City’s remote work policy in order to ensure the policy is working well, and to determine whether any improvements are warranted. • Staff is looking at ways to improve recruitment results. Applications from qualified applicants for positions are down across the region, and therefore it is necessary for the City to examine its process to ensure it is operating efficiently and equitably in order to stay competitive. Communications • We welcomed our new Community Engagement Specialist, Tracy Taylor on May 2. She will be coordinating our Neighborhood program, community events and more! Please welcome her if you see her around campus. • Dining with Derek Dana, is next Wednesday via Teams. Check your email for the invite and please join us! The Mayor will talk about the CAO search, how the different boards she serves on benefit Kent, upcoming summer events and more. Bring your question for the chat. • The General Ledger team has closed the month of April and continue to work on the 2021 Annual Comprehensive Financial Report (ACFR). The deadline for filing the report with the State Auditor’s Office (SAO), along with other supplemental schedules, is May 30. A solid draft will be submitted; however, much work is still ahead. Many members of the Finance team have joined alongside and are helping to shoulder the load. What a wonderful display of teamwork. • Pursuant to federal grant subrecipient monitoring requirements and the City’s 2022 MOU with the Puget Sound Regional Fire Authority (RFA), the City executed a consultant services agreement in the amount of $1,500 with a firm providing RFA site visits and review of EMPG expenditures for two Emergency Management Performance Grant (EMPG) awards received by the City this year. Historically, these services were only required for one EMPG award per year; however, this year the City received an additional EMPG award through state ARPA funds. • Testing for the open Account Representative position in Customer Service will be held on Friday, May 13. Interviews will take place the following week. • The budget group is in the process of finalizing two presentations: the 2021 Year-End and March 2022 Financial Reports, which will be presented during the Operations and Public Safety Committee meeting on May 17. A discussion regarding the upcoming 2023/2024 Biennial Budget will be presented during Council Workshop on May 17. The budget group continues to work on preliminary figures for the 2023- ADMINISTRATION FINANCE May 17, 2022 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 9 24 biennial budget – current projects include: revenue projections and baseline calculations for internal services, costing allocations and salaries & benefits. Workday • Several staff in Workday training next week • Continuing to work with vendor to implement Workday changes for KPOA agreements • Design, configure and test new Workday Only accounts for temporary employees • Update and test changes to the Kaiser and e-Verify integration • Configure and test new roles for Employer Cost integration which will provide relevant information to departments needing specific information for their reporting purposes • Workday Issue Tracking 21/22 Year to date 219 (includes citywide and department specific requests/issues): o Total Closed 145 o Total Open in Progress 23 o Total Open 51 • Workday April Statistics: o 7567 business process events initiated during the month o 392 business process events initiated by a manager during the month o 108 business processes completed including new hires, terminations and job changes o 55 employee benefits business processes completed in the month Benefits • LEOFF1 Conference May 10-13 • Wellness Spring It! Step Challenge – April 20 to May 31 • Working with managers on ADA accommodations • Finalized Annual State Risk Manager Report for Self-Insured Medical Plan • Finalized VEBA GASB 75 OPEB Valuation Report • Finalized LEOFF1 GASB 75 OPEB Valuation Report • Deferred Compensation Committee Meeting May 24 Recruiting • Interviews the week of May 8 for the positions of Fleet/Warehouse Manager, Parks Outreach Coordinator, GIS Coordinator (TLT) in Parks • Written exam for Account Representative in Finance on Friday, May 13 • Written exam for Administrative Assistant II in Public Works on May 16 • Computer Assessment for Records Specialist on May 19-20 • Interviews the week of May 16 include Deputy Director in Finance and Account Representative • New hires: Tracy Taylor (Community Engagement Specialist in Administration) started on May 2, Todd Kanyer (Capital Facilities Project Supervisor in Parks) and Tony Cameron (Technical Support Specialist II in IT) start on May 16 Labor/Class & Comp • Labor Management meeting with AFSCME May 10 Information Technology Projects • Telestaff stabilization – to document known and newly discovered system issues identified in the production environment and resolve through standard project rigor, including but not limited to; requirements gathering, configuration, architecture, testing in a development environment, process documentation, training and deployment in production. • PRISM NPDES & backflow replacement - to replace the current end of life PRISM Access database used to manage code compliance workflows, including NPDES (National Pollutant Discharge Elimination System), FOG (Fats, Oils, and Grease), cross connection control, backflow prevention, and erosion control workflow with software and hardware that support collaboration and streamline the manual current state processes within Public Works Engineering. Information Technology operational support for May 01, 2022 to May 10, 2022 • Number of tickets opened – 214 HR IT 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 9 • Number of tickets closed – 381 Enterprise GIS General: • Continued normalization of address database • Working with PW to organize the GIS data- drive • Updating Connect Explorer data utilizing new rest end point • Supporting PD DEI Officer with Survey 123 application • Working with Esri to complete preparation on the rearchitect of GIS system implementation • Amanda stabilization Weekly Customer Service Requests • Connect Explorer date update preparation • Working with staff on various dashboard access • Providing customer support to help staff connect to GIS data • Managing Connect Explorer login access • eGIS participating in citywide software implementations and providing GIS support • Continued to help support the negotiations with Avenue 55 for the purchase and development of the Naden assemblage. • April had a 23% average Failure to Appear (FTA) rate for criminal defendants. Prosecutors had eight cases set for jury trial during the week of May 9, one which resulted in a guilty plea on the morning of trial. Prosecutors watched 10,540 minutes (175 hours) of body worn camera video footage in preparation for May jury trials. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms on a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. Recreation and Cultural Services • After a 2-year hiatus, Kent Parks Special Olympians are back!! Kent Parks Adaptive Recreation Dolphin Swim Team sent 18 athletes to the Regional Special Olympics Swim meet. Despite fierce competition, Kent Parks swimmers brought home 10 gold, 8 silver, and 4 bronze individual medals. Relay swimmers brought home gold, silver, and bronze. Twenty-one Adaptive Track and Field athletes had an equally successful day at their Regional Special Olympics Tournament at Marysville Pilchuck High School. They took home 4 gold medals, 6 silver, 5 bronze and several 4th-6th place ribbons. Regional events serve as qualifiers for the State Special Olympics Tournament in June. Athletes are now anxiously waiting to see if they will advance to the “Big Show”. Whether athletes medaled or not, being back around their teammates, socializing and being active made this spring one they will remember. • The Kent Senior Activity Center is pleased to announce that their popular coffee bar has reopened after a two-year COVID closure and VSHS funded remodel. The facelift creates a more welcoming and user-friendly experience and is now fully ADA compliant. We have friendly volunteer baristas to assist customers with a tasty bean to brew fresh cup of coffee. Senior participants are flocking to this valuable social hub. • The Spring Coed Pre-K and K/1 Soccer season kicked off with a jamboree on April 30 at Wilson Playfields. Twelve pre-K teams and eight K/1 teams, with over 200 young athletes, had individual and team pictures and played a practice game under the guidance of volunteer coaches and cheering family and friends. Although the weather was mostly rainy, all of the soccer players in attendance had a blast! • Elementary track, one of Kent Parks Department’s longest running programs, celebrated its 57th Annual Junior Olympics LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 9 Track Meet on Saturday, May 7. After a 2- year COVID hiatus, teams representing twenty elementary schools from across the Kent School District gathered for two track meets at French Field. Over 1,100 4th, 5th and 6th grade athletes competed in track and field events to determine division champions, individual winners and coveted athlete of the meet awards. The Junior Olympics is the culmination of a six-week, 24 track meet schedule. The program employs over 40, mainly high school age, track officials. Facilities • Detectives TI project at Centennial Center 3rd floor is at substantial completion. Furniture is still on track for install starting 6/1/22. New chairs all arrived as of 4/12/22. • Generator building repairs are underway and going well. Pending a few more parts that need to arrive, the generator should be up and running within the next few weeks. Generator 2 still online and operational. • Facilities Condition Assessment and Master Plan is continuing to take shape. • Working with a consultant to submit a grant application for a potential solar project at Senior Center. Grant deadline is 5/25/22. • Courthouse and Corrections generator project approved by Council 3/15/22 and complete. Generator lead time is anticipated to be 8-12 months. We will be receiving a construction schedule soon. • Police HQ renovation is in progress. The upstairs locker room is complete and officers starting to move up there so the remainder of the locker room can be demoed. Framing for the lunchroom and outdoor space is taking shape. • Senior Center roof consultant contract is complete. On track for end of summer for this project. Planning to go out for bid on 5/19/22. • IT Annex remodel submitted for permit 3/3/22. Planning to go out for bid on 5/26/22. • TLT Capital Project Coordinator offer has been accepted and starting 5/16/22. • UpKeep (CMMS) is live as of 4/18/22. The team has already completed over 200 work requests. Thank you to everyone using the system. • Senior Center coffee bar upgrades are complete and new coffee station is installed • Senior Center modifications to the computer lab and health center are complete. • Maintenance Supervisor, Tony Thiessen, is out until early June. • Parking lot seal coating projects for the summer are being finalized. A full list is still forthcoming. • New sign installed for the Kent Historical Museum. • EV charging station for the City Hall campus parking garage is ordered and install scheduled as soon as it arrives in about 4-6 weeks. The electrical was completed 5/10/22. • KMP roof top unit (RTU) scheduled to be replaced. • The City entered into an IAA to work with DES on some HVAC projects coming up. • All cooling systems are prepped and ready to be switched over when the weather turns a bit warmer. • Kent Commons gym floor scheduled to be sanded, refinished and restriped from 6/6/22 to 7/8/22. • Exterior of Centennial Center is being pressure washed and has made a big difference in the appearance of the building. Housing and Human Services • The Human Services Funders Collaborative application process for 2023-2024 funding closed on April 29. Collectively the sixteen participating jurisdictions received 300 applications with requests totaling $37,802,675. The City of Kent received a record number of funding requests as well as a record amount of funds requested. • 2023-2024: 121 complete applications received Total requested: $3,943,738 Funding requests range: $1,400 - $209,000 For comparison to our last cycle: 2021-2022: 101 Complete Applications Received 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 9 Total Requested $2,672,421 Funding Requests Ranged: $2,650 - $160,000 • The Human Service Commission had the first of a two-part training in preparation for the application review process. Amadeo Cruz Guiano with Lunas Consulting has been contracted to provide the training. They will be supporting commissioners and staff to continue the development of utilizing a racial equity lens in the grantmaking principles and practices. Consultants shared information on diversity, equity and inclusion issues in grantmaking. Topics included the role of implicit bias and barriers to funding opportunities. Commissioners and staff will be participating in facilitated discussions, reviewing case studies, walking through sample reviews, and focusing on team building throughout the process. The Human Services Commission also welcomed newly appointed commissioners: Erika Henry, Gwen Allen-Carston, and Brian Chandler, • Kent Cultural Diversity Initiative Group met and featured a moving presentation by Oleg Pynda, Executive Director of the Ukrainian Community Center. Other discussion included a focus on mental health and wellness and reducing stigmas in honor of Mental Health Awareness month. • A new Metro vanpool fare pilot recently launched for commuters who live or work in Kent: • Metro is offering commuters who live or work in Kent and make $25 or less per hour the opportunity to start or join a Metro Vanpool for a $49 monthly fare. • $49 for a monthly vanpool fare allows commuters to share the ride in a Metro van and potentially save hundreds per month on commuting and wear/tear on their own vehicles. • Participants’ monthly fare covers it all! It includes the van, fuel, tolls, maintenance, insurance, 24-hour roadside assistance and a benefit that reimburses cab fare if the user needs to go home sick, pick up a sick child or get home in an emergency. • Commuters may start a vanpool as part of this pilot with just three people who live near each other and have a similar work destination and schedule. Metro can also provide an ADA accessible van for vanpool commuters. • Kent commuters who already qualify for Metro reduced-fare transit cards and meet the pilot qualifications are eligible for additional vanpool benefits. Customers may apply for a subsidized annual pass or ORCA LIFT at reducedfare.kingcounty.gov; to learn more about the subsidized annual pass, visit kingcounty.gov/subsidizedannualpa; to learn more about ORCA LIFT, visit kingcounty.gov/orcalift Significant crime activities/arrests /investigations • On April 26 at 10:20 pm, King County Guardian-1 called in subjects shining a laser at their helicopter and requested our assistance. Officers responded and contacted two subjects seen leaving an apartment at Alvista at Lake Meridian where the laser was seen. A confession was obtained and a laser was taken as evidence. Case referred to the FBI. • On April 27 at 2:21 pm, an officer was dispatched to a possible order violation in the 13000 block of SE 263rd Pl. Once on scene they learned the male half had been assaulted and was the protected person in a no contact order against his ex-girlfriend. The officer later located the female in front of the victim's residence about an hour later and was involved in a short foot pursuit with her. They were able to take her into custody and she was booked for the felony order violation. • On April 28 at 11:29 am, an officer was patrolling the Target parking lot and located a van that eluded them the week before. The van had stolen plates and was POLICE 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 9 filled with stolen property, including tools from an earlier investigated case. The suspect who was driving the van when it eluded the officer, exited Target and was promptly taken into custody. • On April 30 at 2:05 pm, patrol units responded to a report of a female doing drugs near her young children at the Sounder station. Responding units located the woman and child at the bus stop just west of 4th Av N on James St. The child was found to be the one who had been reported missing to Des Moines Police an hour prior. Des Moines responded and took custody of the woman and child who appeared unharmed. • On May 1 at 5:23 pm, officers responded to a shooting at the Phoenix Court Apartments. Upon arrival witnesses stated a known subject/tenant had come outside with a rifle and fired at least one round into the ground. Officers developed probable cause to arrest the subject and took him in custody. Officers then obtained a search warrant to search the suspect’s apartment. • On May 4 at 8:22 am, a suspect showed up at his ex-girlfriend’s apartment at Central Flats. He pointed a gun at her and threatened to shoot her if she didn’t let him inside. He left on foot prior to officers arriving. After officers contacted the victim, they began an area check. During the search the suspect returned to the victim’s place and fired multiple shots into the apartment. Neither the victim nor her two- year-old were hit. Officers on scene heard the shots but the suspect escaped on foot into the woods. A search of the woods with K9/Guardian One was negative. The suspect was later located and arrested by SWAT. • On May 4 at 1:26 pm, officers were dispatched to shots fired in the area of Alvord Ave N. and Canyon Dr. No one related to the shooting was located initially, however several casings were located on Canyon Dr. A victim vehicle was eventually located in the 300 block of Summit Ave N. The occupants advised they were cut off by a white Mercedes while traveling west on Canyon Dr. The subjects in the Mercedes shot at them and then continued westbound. No one was injured. No other suspect information was available. • On May 5 at 5:17, an officer heard several gun shots being fired in the 10100 block of SE 256th St. It was later determined the shots were fired in the parking lot of Foss Audio. Only the Foss Audio building and a parked vehicle were hit by the gun fire. Two vehicles were involved in the shooting. It's unknown why they were firing at each other, but they were both parked in the Foss Audio parking lot. No words were exchanged before the shooting and both fled from the area after. No victims have come forward at this time. • On May 7 at 2:07 am, a vehicle drove off the roadway into the Panther Lake Library and through one of the walls. A transient was sleeping in the alcove of the library and was struck by the vehicle. Officers wrote a DUI warrant for the driver. Traffic responded to conduct the investigation. The driver and bystander were transported to the hospital. Land Survey/PW GIS • Land Survey field staff are fulfilling internal requests for mapping on: Mill Creek Re- establishment on the Little Property, 224th Phase III, Washington Ave. Pump Station and the Huse property for the Parks department. Office staff are preparing legal descriptions for the Little Property and the 224th Phase III ROW (Right of Way). Record of Surveys (ROS) are being prepared for recording at King County for portions of Kent Kangley Rd., Reith Rd. and the 228th St. Corridor. • Public Works GIS staff have supported the Cityworks software update, GIS Server upgrade and have been coordinating with EGIS on data and service management. Legacy GIS as-built data of older capital improvement projects is being verified. Private development project as-builts are current with the exception of some with deferred easement recordings. Public Records requests are being facilitated as they are received by multiple PW GIS staff. Staff continue support of PW Operations PUBLIC WORKS 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 9 staff projects and Cityworks. PW GIS summer intern, John Kamau starts 5/12. Design • 76th Ave North: finalizing documents to secure Right of Way Certification and preparing documents to obligate construction funds. Advertisement scheduled for June 14. • Mill Creek at 76th Ave flood protection improvements: coordinating with King County WTD on a reimbursable agreement for design and construction for light weight fill. Coordinating with Tribe and CORPS for permit. • Meet Me on Meeker Kent Elementary Frontage (Design Only): coordinating with Parks and ECD on alternate scope options. • Complete Streets - Russell Road, Hogan Park and S 240th: project to be combined with additional TIB contract for sidewalk on Russell between Meeker and Hogan Park. • HSIP Project – compact roundabout at 264th and 108th: submitted draft NEPA to WSDOT for review and comment. • S 224th Street – 94th to 216th – Phase 3 West: working on documents needed for NEPA and Right-of-Way processes. Evaluating stormwater treatment and detention needs. • 2023 Asphalt Overlays: coordinating with Operations for locations and priorities. • Meeker Bridge – painting and deck overlay: updated funding obligation documents submitted to WSDOT for approval on 5/13. Construction • West Hill Reservoir tank: layout and fabrication of roof continues. Installation of roof is scheduled for the week of June 6. Layout and installation of spiral staircase continues to follow ring install. Chlorination/Control Building – interior electrical work continues. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • 2021 Asphalt Overlays: paved on 93rd and channelization on S 248th completed week of 5/9. • Summit Landsburg Road and Rock Creek culvert replacement: the full road closure for the commencement of site work is being scheduled for June 2022. Continue working through PSE relocation challenges. Two meetings held with PSE last week, they have received the revised power permit approval back from King County. Utility preconstruction meeting with Scarsella and all 3rd party utility owners took place on Thursday, 5/12. • 6MG1 reservoir recoating and vent replacement: seal welding, metal plate work continues on seams of roof structure. Installation of 6” HDPE storm pipe and structures began Monday, 5/16. • Downey side channel restoration final phase: NTP scheduled for 5/16. • Ovation at Meeker (625 W Meeker St.): The intersection of 4th Ave N and W Harrison St. will be closed with a detour in place between the hours of 8:00 AM and 6:00 PM on Saturday and Sunday for several weekends for the installation of water, storm, sewer, concrete crosswalks, curb ramps, and asphalt paving. Scheduled weekends include 5/14 and 5/21. • PSE/Asplundh 2022 franchise routine maintenance permit: annual tree maintenance within the city limits will be ongoing for the next several weeks. Environmental • Republic Services: staff provided an analysis comparing incident reports from February and March specifically looking at overweight vehicles. Staff is looking into whether federal and state laws apply allowing a weight exemption for vehicles powered by natural gas and that have idle reduction technologies. Staff will also confirm with Republic Services what kind of trucks are within the fleet that service Kent. • 2022 recycle collection events: roughly 75 vehicles turned out for our 3rd mini recycle event on the West Hill at Glenn Nelson Park 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 9 Friday, May 6. Residents were able to recycle textiles, shredding, and electronics. This was a free event. The final spring mini event is Friday, May 20 at the Kent United Methodist Church where we will accept textiles, documents for shredding, electronics, mattresses, and paint. This is a free event. The next traditional recycle event is Saturday, June 4 at the Kent Phoenix Academy • Environmental kids page on website: staff is working on the development of a webpage for children to learn about the environment. If anyone has suggestions for content for this page please contact Laura Haren or Natesha Hutchison. • Cross connection control program: very good progress or results on several property’s work on backflow requirements permit compliance projects (e.g., Puget Sound Laundry, Elstrom, IIT Kent DC). Staff continue addressing backflow assembly and related matters, coordinating with customers, and working on paperwork/reports • TeamUp2CleanUp: TeamUp2CleanUp is a community wide day of litter cleanup next scheduled for Saturday, May 14 from 9 am to noon. People can now begin registering for the event online at www.KentWA.gov/TalkingTrash. This a great opportunity for students to earn community service hours. Transportation • Transportation staff have restored the decorative lighting on Meeker St under SR 167. The lighting system was damaged when a vehicle struck a conduit attached to the bridge at the end of March. Some of the system wiring and the lighting control computer were replaced. Streets • Street Maintenance performed sidewalk grinding on 144th Ave SE and on S 194th St, bladed shoulders on 3rd Ave N, 148th Ave SE, SE 256th St and on Old Willis St, bladed alleys behind 4th Ave S, 124th Ave SE, 127th Ave SE and alleyways located south of Willis St and east of 4th Ave S, stripped forms, prepped for pour, and poured new sidewalks on 64th Ave S between S 231st St and S 228th St. • Signs and Markings installed bases and signs for retro-reflectivity on SE 244th St west of 116th Ave SE and on SE 238th St at 116th Ave SE. Inventoried signs for retro- reflectivity program on SE 232nd St west of 144th Ave SE, SE 272nd St at 144th Ave SE and on 137th Ave SE. • Solid Waste cleaned up debris in several locations including on 132nd Ave SE from Kent Kangley Rd to SE 288th St, along Pacific Hwy S from S 272nd St to S 260th St and on SE 274th St from the 108th Ave SE overpass to SE Kent Kangley Rd • Water Vegetation mowed and line trimmed multiple locations such as at the East Hill well, Seven Oaks well, Clarks Springs site, Kent Point-of-Delivery #3, the 108th well site, and at the Blue Boy Tank. • Street Vegetation staff worked on traffic islands beautification including pulling weeds, spot spraying, line trimming, mowing, and removing litter on Veterans Dr, Pacific Highway, and S 190th St west of W Valley Highway. • The Sidearms mowed on SE 116th Ave SE from Kent Kangley Rd to SE 274th Way, SE 192nd St from Benson Hwy to 124th Ave SE, SE 208th St from Benson Hwy to the eastern City limits, 80th Ave S from S 202nd St to S 207th Ct, S 202nd St from 80th Ave S to west end, S 207th Ct from 80th Ave S to west end, 72nd Ave S from S 212th St to S 180th St and along the 277th corridor. • Wetland mitigation crews focused on line trimming at the KOA and Frager Rd sites. Staff also transplanted seedlings and fertilized at the GRNRA Nursery. • Wetland maintenance mowed and line trimmed at 196th corridor wetland on 72nd Ave S and S 196th St, Twin Creeks on 132nd Ave SE and SE 236th Pl, Meridian Forest on 134th Ave SE and SE 236th Pl, Meridian Valley Creek on 132nd Ave SE and SE 238th St, Country Club North on 136th Ave SE and SE 237th Pl, Kent Meridian Place on 132nd Ave SE and SE 240th St, Winsberg Haven A, B and C on 126th Pl SE and SE 237th Pl, Country Club North Division 2 on 140th Ave SE and SE 236th St, Maplewood Grove on 108th Ave SE and SE 241st Pl, Redondo on 27th Ave S and S 232nd St, Signal Electric on 3rd Ave S and S 259th St, 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 9 72nd Ave diversion channel on 68th Ave S and 72nd Ave S and at Horseshoe Bend on 80th Ave S and S 261st St • Holding Pond crew mowed and line trimmed at Rhododendron at 12402 SE 259th St, Mulder at 12312 SE 260th Pl, Seven Oaks Phase 1 at 11940 SE 260th Pl, LID 359 116th Ave SE improvement at 11706 SE 259th St, Highland Estates South at 12216 SE 263rd St, Seven Oaks Addition at 12219 SE 263rd St, Seven Oaks East Phase 1 at 26311 122nd Ct SE, Seven Oaks Phase 2 at 12014 SE 263rd St, Meridian Meadows at 12900 SE 268th St, Roses Meadow 1 at 26128 124th Pl SE, Roses Meadow 2 at 26156 126th Ave SE, McKenna Meadows at 12422 SE 259th St, Dover Park at 26300 127th Ave SE, Stillwater Div 1 and 2 at 26338 127th Ave SE, Stillwater Greens at 12830 SE 262nd Pl, Canterbury Greens at 12629 SE 264th St, Canterbury Glen (Locust Lane) at 12526 SE Kent Kangley Rd and at Hazelnut Grove Townhomes (Meridian Meadows) at 12900 SE 268th St. Water • Water staff worked on various tasks which included marking for locates at pump station #3 for the upcoming fencing upgrade. Staff also raised the Guiberson reservoir water level from 15’ to 16.5’ for testing. Water quality staff continued their work on May wellhead protection monitoring. Storm/Sewer • Storm crews installed a storm line and catch basin at 850 E Temperance St and replaced an asphalt berm on 94th Ave S. Staff also completed ditch maintenance at 13631 SE 282nd St and at the intersection of E Titus St and Scenic Way. • Sewer crews completed manhole repairs at S 228th St and 65th Ave SE, S 196th St and 68th Ave S, SE 228th St and 68th Ave S, 98th Pl S and S 222nd St and at S 216th St and 68th Ave S. Staff also renovated an easement at 26710 Carnaby Way. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued to manually open and close the broken east gate daily and locked and unlocked the gates in the employee south parking lot at the beginning and close of the work day. • Fleet staff worked to finalize the 2023 and 2024 “Proposed Fleet Replacements” for the budget kickoff at the end of May. Fleet crews also worked on various mower and vactor repairs. ### 5.B Packet Pg. 15 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt MOTION: I move to adopt Resolution No. 2044, adopting the 2023-2028 Six-Year Transportation Improvement Program. SUMMARY: The 2023-2028 Six-Year Transportation Improvement Program (TIP) represents the City’s proposed transportation improvement work program for the next six years. Per RCW 35.77.010, the six-year plan for each city must specifically set forth projects and programs of regional significance for inclusion in the transportation improvement program within that region. The program is also required to be consistent with the Kent Comprehensive Plan. Including projects in the TIP allows the City to search for funding partners and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in the City’s adopted TIP. State law requires that the City hold a public hearing before adopting the TIP. The 2023-2028 TIP was presented to the City Council on March 1, 2022, during City Council Workshop and to the Public Works Committee on May 2, 2022. The public will have an opportunity to comment during the public hearing at the regularly scheduled City Council meeting on May 17, 2022. At the close of the public hearing, Council may adopt a resolution that approves the 2023-2028 TIP. BUDGET IMPACT: Each project or program within the TIP has a different budget impact as noted in the attached narrative. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 6.A Packet Pg. 16 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2044 - TIP 2023_2028 Resolution (PDF) 6.A Packet Pg. 17 1 2023-2028 Six-Year Transportation Improvement Program RESOLUTION NO. 2044 A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2023 through 2028 Six-Year Transportation Improvement Program. RECITALS A. After proper notice, the City held a public hearing at the regular meeting of the Kent City Council at 7 p.m. on May 17, 2022, to consider public testimony on the City’s proposed 2023 through 2028 Six-Year Transportation Improvement Program. B. Having considered public testimony on the plan, the Council would like to adopt the 2023 through 2028 Six-Year Transportation Improvement Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Adoption. The 2023 through 2028 Six-Year Transportation Improvement Program, set forth in Exhibit “A,” which is attached and filed with City Clerk, is hereby adopted. 6.A.a Packet Pg. 18 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2 2023-2028 Six-Year Transportation Improvement Program SECTION 2. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. May 17, 2022 DANA RALPH, MAYOR Date Approved ATTEST: May 17, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 6.A.a Packet Pg. 19 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT WASHINGTON 2023 – 2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Mayor Dana Ralph Chad Bieren, PE, Director of Public Works EXHIBIT A 6.A.a Packet Pg. 20 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Table of Contents: Introduction .......................................................................................... i Project List .......................................................................................... v 2023 – 2028 Six-Year TIP Cost Estimates ............................................... ix Map of Projects ................................................................................. xiv Project Descriptions .............................................................................. 1 Contact Information ............................................................................ 58 On the Cover: Ariel image of the Willis Street at 4th Avenue South Roundabout 6.A.a Packet Pg. 21 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT i Introduction Overview The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is updated annually based on needs and policies identified in the City’s adopted Comprehensive Plan and Transportation Master Plan (TMP). A major update of the TMP was adopted on March 2, 2021. Projects, plans and programs move from the TMP to the TIP as priority projects, grants and other funding sources are identified. The TIP represents Kent’s current list of needed projects that are anticipated to begin preliminary engineering, right of way acquisition or construction within the next six years. The TIP also includes ongoing citywide transportation plans and programs. Projects, plans and programs are included in the TIP plan for a variety of reasons. These projects, plans and programs encompass all transportation modes as well as both capital improvements and operations and maintenance. The document identifies secured or reasonably expected revenue sources for each project or program. The TIP serves as a draft work plan for the development of the local transportation network. Once adopted, the TIP will guide funding and implementation priorities during the development of the transportation portion of the Six-Year Capital Improvement Program (CIP). The CIP shows the City-funded portion of projects and is constrained by current budget forecasts, whereas the TIP shows a complete project list with the variety of funding sources and partners involved. Historically, the largest sources of funding for TIP projects have been grants. Funding for transportation projects is available from federal, state, and local resources. Each funding source has specific rules and guidelines about what types of projects it will fund, how much of a project will be funded and timelines for expenditure of funds. Additionally, most grant programs require a funding match, which means that the City must contribute funding to the cost of the project. The City of Kent funds transportation projects using the General Fund, Street Fund, Local Improvement Districts, Transportation Impact Fees, Business and Occupation Tax, Solid Waste Utility Tax, and grant revenue from local, state, and federal governments. One reason the TIP is updated annually is that many revenue sources are closely tied to the health of the economy and can therefore be unpredictable. In addition, grant criteria can change from the previous cycle necessitating a re- evaluation of the TIP projects. 6.A.a Packet Pg. 22 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT ii Document Structure Each project, plan or program listed in the TIP includes an estimated cost, the amount of funding secured or unsecured and the funding source(s). If grant funding has been secured from a specific source, it is identified. Projects listed that are necessary to accommodate growth and allow the City to maintain its adopted Levels of Service may be funded in part by transportation impact fees. The costs for projects programmed in the first three years of the TIP have been developed with a higher level of certainty, whereas those in the latter three years have been developed with less specificity, as those projects are generally less defined. There are a series of six maps. Figure 1 details the six subareas that were developed in the Transportation Master Plan (TMP). Figures 2 through 6 detail the TIP projects by subarea. Requirements State law requires that each city develop a local TIP and that it be updated annually (RCW 35.77.010). The TIP represents an important planning component under the State’s Growth Management Act and must be consistent with the transportation element of the City’s Comprehensive Plan. The TIP may be revised at any time during the year by a majority of the Council, after a public hearing. In order to compete for transportation funding grants from federal and state sources, granting agencies require projects to be included in the TIP. Changes to the TIP The City updated its Comprehensive Plan in 2015. The first six years of the Comprehensive Plan are financially constrained, meaning that secured funding is demonstrated within an approved budget or similarly approved funding action. Consequently, the 2023-2028 TIP has been revised to reflect projects that will likely be constructed using existing funding sources as well as the City’s historical record of average grant disbursements. Tables 1 and 2 below detail projects added and removed from the TIP. Table 3 details changes to existing project descriptions. 6.A.a Packet Pg. 23 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT iii Table 1 2023-2028 Six-Year TIP Plans Added PLAN NAME #1 Central Avenue Plan #2 Greenways Plan Table 2 2022-2027 Six-Year TIP Projects Removed PROJECT NAME COMMENTS #1– W James Street at 2nd Avenue N Pedestrian Crossing Completed #2- S 212th Street - 72nd Avenue S to 84th Avenue S (E Valley Highway) Completed #4 – Willis Street Shared Use Paths- Union Pacific Railroad to the 4th Avenue South Roundabout Completed Table 3 2022-2027 Six-Year TIP Projects Changed PROJECT NAME COMMENTS #26. E Valley Highway – South 196th Street to S 212th Street S 212th Street and E Valley Highway Intersection project and the S 196th Street to S 212th Street – E Valley Highway pavement were combined into one project to maximize efficiency 6.A.a Packet Pg. 24 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT iv Measure Progress through Systemwide Transportation Performance Measures An update to the Transportation Master Plan (TMP) detailed the need and framework for Systemwide transportation performance measures to track progress on completing projects and implementing policies. Systemwide performance measures are used to understand how progress on projects and policies translates into progress on the five adopted transportation goals. The measures are used as checkpoints to understand where progress is occurring and not occurring to reach the goals of Connectivity and Options, Safety and Health, Stewardship, Strategy and Placemaking. Performance measure provide the data to understand Kent’s progress and if redirection is necessary to reach the adopted goals. During the Transportation Master Plan staff from Public Works, Economic and Community Development, and Parks collaborated to develop a list of potential performance measures including data sources and availability, funding needs, and collection and analysis processes. 6.A.a Packet Pg. 25 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT v Project List Project # Project Name, Location and Extent 1. Russell Road Pedestrian Improvements Phase 2 - 700 feet north of W Meeker Street to existing sidewalk 500 feet south of 240th Street 2. Transportation Master Plan 3. 76th Avenue S (North Phase) - S 212th Street to 1,000 Feet South of S 212th Street 4. S 212th Street – Green River Bridge (west) to Orillia Road S/City Limits 5. S 240th Street Sidewalks from Russell Road to Lakeside Boulevard E 6. Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park 7. Auburn to Renton RapidRide Access Improvements 8. Four Rectangular Rapid Flash Beacons (RRFBs) at 104th Avenue SE south of SE 256th Street, SE 240th Street east of 104th Avenue SE, Central Avenue N between Novak Lane and Woodford Avenue N, and Central Avenue N between Woodford Avenue N and E George Street 9. Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award 10. Meeker Street and 64th Avenue S – Intersection Improvements 11. Reith Road – Compact Roundabouts and Road Diet 12. Meeker Frontage Improvement at Kent Elementary School 13. New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) 14. Veterans Drive Extension - Military Road to I-5 Southbound Off-ramp 6.A.a Packet Pg. 26 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT vi 15. E Valley Highway Pavement Preservation - S 196th Street to S 212th Street 16. 132nd Avenue SE Pedestrian Improvements (Phase 3) – SE Kent- Kangley Road to SE 278th Place 17. 76th Avenue S (South Phase) – 2,600 Feet South of S 212th Street to 3,660 Feet South of S 212th Street 18. Local Road Safety Plan – 2023 Highway Safety Improvement Program 19. BNSF Railway Company Railroad Quiet Zone 20. Union Pacific Railroad Quiet Zone 21. Meeker Street Green River Bridge Rehabilitation 22. Military Road at Reith Road/S 260th Street Intersection Improvements 23. S 218th Street/98th Avenue S – 94th Place S to 99th Avenue S 24. Naden Avenue and Willis Street Intersection Improvements 25. Safe Routes to School – School Zone Flashers at Seven Elementary Schools 26. W Meeker Street Frontage from Thompson Avenue to the Interurban Trail 27. New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail 28. Naden Avenue Improvements - Willis Street to Meeker Street 29. 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) pedestrian crossing 30. W Meeker Street Frontage from Washington Avenue to Thompson Avenue 31. S 216th Street - 99th Avenue S to 108th Avenue SE (SR 515/Benson Highway) 6.A.a Packet Pg. 27 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT vii 32. 83rd Avenue S Sidewalks from S 228th Street to S 224th Street 33. SE 272nd Street (SR 516) at 148th Avenue SE (Lake Meridian) – Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing 34. Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools 35. Local Road Safety Plan – 2025 Highway Safety Improvement Program 36. Panther Lake Signal System Integration 37. Railroad Safety Project - BNSF Railroad Crossing at E Smith Street 38. Kent Transit Center – Access, Mobility and Safety Improvements 39. W James Street/W Smith Street Pedestrian Improvements 40. Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal 41. S 212th Street Green River Bridge Rehabilitation 42. S 212th Street – Green River Bridge (East) to 72nd Avenue S 43. W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection Improvements at 6th Avenue S 44. SE 248th Street Improvements - 104th Avenue SE to 109th Avenue SE 45. SE 248th Street Improvements - 109th Avenue SE to 116th Avenue SE 46. E Willis Street (SR 516) and Central Avenue (SR 516) Intersection Improvements 47. Central Avenue - Traffic Signal Communication 48. Midway Subarea TOD Streets – S 244th Street and 32nd Avenue S 49. 132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street 50. SE 248th Street at 116th Avenue SE Roundabout 6.A.a Packet Pg. 28 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT viii Transportation Plans 1. Central Avenue Plan 2. Greenways Plan Ongoing Citywide Programs 1. Street and Sidewalk Preservation and Repair Program 2. Traffic Signal Management Program 3. Channelization and Pavement Markings Maintenance Program 4. Guardrail Improvement Program 5. City Safety Program 6.A.a Packet Pg. 29 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM No.Project Year Project Costs Total City Secured External Secured Unsecured Phases Total Other Preliminary Engineering Right of Way Construction 1 Russell Road Pedestrian Improvements Phase 2 - 700 feet north of W Meeker Street to existing sidewalk 500 feet south of S 240th Street 2022 $ 605,000 140,000$ 465,000$ -$ 605,000$ -$ 118,000$ 54,000$ 433,000$ 2 Transportation Master Plan 2022 $ 940,000 940,000$ -$ -$ 940,000$ 940,000$ -$ -$ -$ 3 76th Avenue S (North Phase) – S 212th Street to 1,000 Feet South of S 212th Street 2022 $ 4,000,000 520,000$ 3,480,000$ -$ 4,000,000$ -$ 220,000$ 130,000$ 3,650,000$ 4 S 212th Street - Green River Bridge (West) to Orillia Road S/City Limits 2022 $ 1,840,000 340,000$ 1,500,000$ -$ 1,840,000$ -$ 140,000$ -$ 1,700,000$ 5 S 240th Street Sidewalks from Russell Road to Lakeside Boulevard E 2023 $ 429,900 117,900$ 312,000$ -$ 429,900$ -$ $35,825 -$ $394,075 6 Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park 2023 $ 750,000 -$ 750,000$ -$ 750,000$ -$ 80,000$ -$ 670,000$ 7 Auburn to Renton Rapid Ride Access Improvements 2023 $ 10,680,000 -$ 10,680,000$ -$ 10,680,000$ 1,520,000$ 1,650,000$ -$ 7,510,000$ 8 Four Rectangular Rapid Flashing Beacons (RRFBs) at 104th Avenue SE south of SE 256th Street, SE 240th Street east of 104th Avenue SE, Central Avenue N between Novak Lane and Woodford Avenue N, and Central Avenue N between Woodford Avenue N and E George Street 2023 $ 1,255,000 91,412$ 1,163,588$ -$ 1,255,000$ -$ 269,000$ -$ 986,000$ 9 Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award 2023 $ 1,800,000 180,000$ 1,620,000$ -$ 1,800,000$ -$ 275,000$ -$ 1,525,000$ 10 Meeker Street and 64th Avenue S - Intersection Improvements 2023 $ 2,616,000 -$ 274,000$ 2,342,000$ 2,616,000$ -$ 291,000$ -$ 2,325,000$ 11 Reith Road - Compact Roundabouts and Road Diet 2023 $ 2,493,000 -$ 1,595,000$ 898,000$ 2,493,000$ -$ 208,000$ -$ 2,285,000$ 12 Meeker Frontage Improvement at Kent Elementary School 2023 $ 1,906,000 600,000$ -$ 1,306,000$ 1,906,000$ -$ 173,000$ -$ 1,733,000$ PHASESPROJECT COSTS PROJECTSCITY OF KENT ix 6.A.a Packet Pg. 30 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM No.Project Year Project Costs Total City Secured External Secured Unsecured Phases Total Other Preliminary Engineering Right of Way Construction PHASESPROJECT COSTS 13 New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) 2023 $ 2,332,000 -$ -$ 2,332,000$ 2,332,000$ -$ 212,000$ -$ 2,120,000$ 14 Veterans Drive Extension - Military Road to I-5 Southbound Off-ramp 2023 $ 51,620,000 -$ 47,104,000$ 4,516,000$ 51,620,000$ -$ 2,765,000$ 10,270,000$ 38,585,000$ 15 E Valley Highway Pavement Preservation - S 196th Street to S 212th Street 2023 $ 4,277,000 -$ -$ 4,277,000$ 4,277,000$ -$ 318,000$ -$ 3,959,000$ 16 132nd Avenue SE Pedestrian Improvements (Phase 3) – SE Kent-Kangley Road to SE 278th Place 2023 $ 408,940 -$ 58,940$ 350,000$ 408,940$ -$ 58,940$ -$ 350,000$ 17 76th Avenue S (South Phase) – 2,600 Feet South of S 212th Street to 3,660 Feet South of S 212th Street 2023 $ 14,500,000 -$ 3,000,000$ 11,500,000$ 14,500,000$ -$ 1,570,000$ 2,330,000$ 10,600,000$ 18 Local Road Safety Plan – 2023 Highway Safety Improvement Program 2023 $ 918,000 -$ -$ 918,000$ 918,000$ -$ 112,000$ 64,000$ 742,000$ 19 BNSF Railway Company Railroad Quiet Zone 2024 $ 1,938,000 1,938,000$ -$ -$ 1,938,000$ -$ 135,000$ 49,000$ 1,754,000$ 20 Union Pacific Railroad Quiet Zone 2024 $ 1,212,000 1,212,000$ -$ -$ 1,212,000$ -$ 85,000$ 31,000$ 1,096,000$ 21 Meeker Street Green River Bridge Rehabilitation 2024 $ 6,052,000 1,567,680$ 4,484,320$ -$ 6,052,000$ -$ 850,000$ -$ 5,202,000$ 22 Military Road at Reith Road/S 260th Street Intersection Improvements 2024 $ 10,312,000 -$ -$ 10,312,000$ 10,312,000$ -$ 938,000$ -$ 9,374,000$ 23 S 218th Street/98th Avenue S - 94th Place S to 99th Avenue S 2024 $ 11,549,000 663,620$ 10,885,380$ -$ 11,549,000$ -$ 1,173,000$ 1,263,000$ 9,113,000$ 24 Naden Avenue and Willis Street Intersection Improvements 2024 $ 2,800,000 2,800,000$ -$ 2,800,000$ -$ 273,000$ 251,000$ 2,276,000$ 25 Safe Routes to School – School Zone Flashers at Seven Elementary Schools 2025 $ 418,000 -$ -$ 418,000$ 418,000$ -$ 42,000$ -$ 376,000$ 26 W Meeker Street Frontage from Thompson Avenue to the Interurban Trail 2025 $ 6,100,000 1,342,500$ -$ 4,757,500$ 6,100,000$ -$ 500,000$ 100,000$ 5,500,000$ PROJECTSCITY OF KENT x 6.A.a Packet Pg. 31 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023‐2028 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAMNo. Project YearProject Costs TotalCity SecuredExternal SecuredUnsecured Phases Total OtherPreliminary EngineeringRight of Way ConstructionPHASESPROJECT COSTS27New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail2025 $ 6,200,000 -$ -$ 6,200,000$ 6,200,000$ -$ 600,000$ -$ 5,600,000$ 28Naden Avenue Improvements - Willis Street to Meeker Street2025 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 400,000$ 200,000$ 2,400,000$ 29108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing2025 $ 895,500 -$ -$ 895,500$ 895,500$ -$ 153,500$ -$ 742,000$ 30W Meeker Street Frontage from Washington Avenue to Thompson Avenue2025 $ 2,050,000 -$ -$ 2,050,000$ 2,050,000$ -$ 250,000$ -$ 1,800,000$ 31S 216th Street - 99th Avenue S to 108th Avenue SE (SR 515/Benson Highway)2025 $ 14,630,000 -$ 14,630,000$ -$ 14,630,000$ -$ 1,680,000$ 1,450,000$ 11,500,000$ 3283rd Avenue S Sidewalks from S 228th Street to S 224th Street 2025 $ 600,000 -$ -$ 600,000$ 600,000$ -$ 100,000$ -$ 500,000$ 33SE 272nd Street (SR 516) at 148th Avenue SE (Lake Meridian) – Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing2025 $ 1,300,000 -$ 120,000$ 1,180,000$ 1,300,000$ -$ 200,000$ -$ 1,100,000$ 34Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools2025 $ 600,000 -$ -$ 600,000$ 600,000$ -$ 100,000$ 100,000$ 400,000$ 35Local Road Safety Plan – 2025 Highway Safety Improvement Program 2025 $ 1,100,000 -$ -$ 1,100,000$ 1,100,000$ -$ 200,000$ 100,000$ 800,000$ 36Panther Lake Signal System Integration2026 $ 600,000 -$ -$ 600,000$ 600,000$ -$ 100,000$ -$ 500,000$ 37Railroad Safety Project – BNSF Railroad Crossing at E Smith Street2026 $ 800,000 -$ -$ 800,000$ 800,000$ -$ 100,000$ -$ 700,000$ 38Kent Transit Center - Access, Mobility and Safety Improvements2026 $ 4,400,000 -$ -$ 4,400,000$ 4,400,000$ 1,000,000$ 900,000$ -$ 2,500,000$ PROJECTSCITY OF KENT6.A.aPacket Pg. 32Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM No.Project Year Project Costs Total City Secured External Secured Unsecured Phases Total Other Preliminary Engineering Right of Way Construction PHASESPROJECT COSTS 39 W James Street/W Smith Street Pedestrian Improvements 2026 $ 1,100,000 -$ -$ 1,100,000$ 1,100,000$ -$ 200,000$ -$ 900,000$ 40 Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal 2027 $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ -$ 900,000$ 100,000$ 9,000,000$ 41 S 212th Street Green River Bridge Rehabilitation 2027 $ 1,300,000 -$ -$ 1,300,000$ 1,300,000$ -$ 200,000$ -$ 1,100,000$ 42 S 212th Street – Green River Bridge (East) to 72nd Avenue S 2027 $ 3,346,000 1,846,000$ -$ 1,500,000$ 3,346,000$ -$ 206,000$ -$ 3,140,000$ 43 W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection Improvements at 6th Avenue S 2027 $ 600,000 -$ -$ 600,000$ 600,000$ -$ 100,000$ -$ 500,000$ 44 S 248th Street Improvements - 104th Avenue S to 109th Avenue S 2027 $ 6,900,000 -$ -$ 6,900,000$ 6,900,000$ -$ 600,000$ 300,000$ 6,000,000$ 45 S 248th Street Improvements - 109th Avenue S to 116th Avenue SE 2027 $ 8,300,000 -$ -$ 8,300,000$ 8,300,000$ -$ 600,000$ 300,000$ 7,400,000$ 46 E Willis Street (SR 516) and Central Avenue S (SR 516) Intersection Improvements 2027 $ 700,000 168,000$ -$ 532,000$ 700,000$ -$ 100,000$ 200,000$ 400,000$ 47 Central Avenue - Traffic Signal Communication 2027 $ 6,100,000 -$ -$ 6,100,000$ 6,100,000$ 300,000$ 1,500,000$ -$ 4,300,000$ 48 Midway Subarea TOD Streets – S 244th Street and 32nd Avenue S 2027 $ 7,200,000 -$ -$ 7,200,000$ 7,200,000$ -$ 800,000$ 1,700,000$ 4,700,000$ 49 132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street 2028 $ 1,200,000 -$ -$ 1,200,000$ 1,200,000$ -$ 200,000$ -$ 1,000,000$ 50 Southeast 248th Street at 116th Ave SE Roundabout 2028 $ 3,800,000 -$ -$ 3,800,000$ 3,800,000$ -$ 400,000$ 700,000$ 2,700,000$ $ 230,473,340 $ 14,467,112 $ 102,122,228 $ 113,884,000 $ 230,473,340 $ 3,760,000 $ 23,669,765 $ 19,692,000 $ 183,351,575 Total ProjectsPROJECTS CITY OF KENT xii 6.A.a Packet Pg. 33 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM No.Project Year Project Costs Total City Secured External Secured Unsecured Phases Total Other Preliminary Engineering Right of Way Construction PHASESPROJECT COSTS 51 Central Avenue Plan 2028 $ 725,000 -$ -$ 725,000$ $725,000 $600,000 125,000$ -$ -$ 52 Greenways Plan 2028 $ 725,000 -$ -$ 725,000$ $725,000 $600,000 125,000$ -$ -$ $ 1,450,000 $ - $ - $ 1,450,000 $ 1,450,000 $ 1,200,000 $ 250,000 $ - $ - 54 Street and Sidewalk Preservation and Repair Ongoing $ 128,504,000 $ 38,400,000 $ - $ 90,104,000 128,504,000$ -$ 17,991,000$ 1,286,000$ 109,227,000$ 55 Traffic Signal Management Program Ongoing $ 5,082,000 $ 3,750,000 $ - $ 1,332,000 5,082,000$ -$ 726,000$ -$ 4,356,000$ 56 Channelization and Pavement Markings Maintenance Ongoing $ 5,809,000 $ 2,575,000 $ - $ 3,234,000 5,809,000$ -$ 872,000$ -$ 4,937,000$ 57 Guardrail Safety Improvements Ongoing $ 799,000 $ 660,000 $ - $ 139,000 799,000$ -$ 73,000$ -$ 726,000$ 58 City Safety Program Ongoing $ 3,270,000 $ - $ - $ 3,270,000 3,270,000$ -$ 492,000$ -$ 2,778,000$ $ 143,464,000 $ 45,385,000 $ - $ 98,079,000 143,464,000$ -$ 20,154,000$ 1,286,000$ 122,024,000$ 375,387,340$ 59,852,112$ 102,122,228$ 213,413,000$ 375,387,340$ 4,960,000$ 44,073,765$ 20,978,000$ 305,375,575$ Grand TotalPLANSTotal Plans PROGRAMSTotal Programs CITY OF KENT xiii 6.A.a Packet Pg. 34 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 6.A.a Packet Pg. 35 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS010.5 Miles Manufacturing/Industrial Center East Hill - North East Hill - South Downtown West Hill/ Midway Figure 1: City of Kent 2023-2028 Six-Year Transportation Improvement Program Project Subareas Projects fall into five categories: Capacity/ITS, Maintenance, Multimodal, Non-Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six-Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. City Limits Legend West Hill & Midway Manufacturing/Industrial Center (MIC) Downtown Subareas East Hill - South East Hill - North xiv xiv 6.A.a Packet Pg. 36 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 4624 37 21 10 25 25 8 8 13 30 43 7 7 7 7 7 7 77 7 7 7 7 7 7 11 11 26 27 27 27 27 27 27 27 27 34 38 38 32 43 43 5 26 9 126 40 30 9 38 1 28 39 11 9 20 19 47 County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS00.50.25 Miles Projects fall into five categories: Capacity/ ITS, Maintenance, Multimodal, Non- Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six-Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway- highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. Figure 2: 2023-2028 Six-Year TIP Projects in the Downtown Subarea Project Number Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Points City Limits Legend Downtown Subareas Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Lines Project Number 6.A.a Packet Pg. 37 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 41 8 31 14 3 17 32 23 9 20 15 36424 19 47 City of Renton, County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS00.50.25 Miles Figure 3: 2023-2028 Six-Year TIP Projects in the Manufacturing/ Industrial Center Subarea Projects fall into five categories: Capacity/ ITS, Maintenance, Multimodal, Non- Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six-Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. Project Number Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Points City Limits Legend Manufacturing/Industrial Center Subareas Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Lines Project Number 6.A.a Packet Pg. 38 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 25 25 8 8 8 29 77 7 7 7 7 7 7 7 7 7 7 7 77 7 7 77 7 7 7 3438 38 39 32 23 36 36 36 31 36 49 36 36 15 19 36 47 County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS00.50.25 Miles Figure 4: 2023-2028 Six-Year TIP Projects in the East Hill - North Subarea Projects fall into five categories: Capacity/ITS, Maintenance, Multimodal, Non-Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six- Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. Project Number Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Points City Limits Legend East Hill - North Subareas Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Lines Project Number 6.A.a Packet Pg. 39 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 50 25 8 8 33 7 7 7 7 7 7 7 7 77 7 7 9 7 34 49 44 16 45 County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, NGA, USGS00.50.25 Miles Figure 5: 2023-2028 Six-Year TIP Projects in the East Hill - South Subarea Projects fall into five categories: Capacity/ITS, Maintenance, Multimodal, Non-Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six- Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. Project Number Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Points City Limits Legend East Hill - South Subareas Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Lines Project Number xiii xiii 6.A.a Packet Pg. 40 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 21 1025 25 25 22 11 11 12 5 14 6 1 48 11 9 County of King, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS00.50.25 Miles Figure 6: 2023-2028 Six-Year TIP Projects in the West Hill/ Midway Subarea Projects fall into five categories: Capacity/ITS, Maintenance, Multimodal, Non-Motorized, and Safety. Kent is split into subareas based on land use, transportation network, and topographic characteristics. For project information, see the 2023-2028 Six- Year Transportation Improvement Program or contact Rob Brown, Transportation Engineering Manager, at RBrown@KentWa.gov. This map is intended as a graphic aid only, and is not a legal document. The City Of Kent makes no representation or warranty as to its accuracy, placement or location of any map features thereon. The City Of Kent disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential which arises or may arise from this product or use thereof by any person or entity. Under 23 U.S. Code § 148 and 23 U.S. Code § 409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. Project Number Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Points City Limits Legend West Hill/Midway Subareas Safety Non-motorized Multimodal Street Maintenance Capacity & Intelligent Transportation Systems TIP Lines Project Number xix xix 6.A.a Packet Pg. 41 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 1 PROJECT #1: Russell Road Pedestrian Improvements Phase 2 - 700 feet north of W Meeker Street to existing sidewalk 500 feet south of S 240th Street YEAR: 2022 DESCRIPTION: A continuous pedestrian facility will be constructed along Russell Road from 700 feet north of W Meeker Street to the existing sidewalk 500 feet south of South 240th Street/James Street, a total of 900 feet of new sidewalk. Sidewalk treatments will include a combination of asphalt path, concrete sidewalk, and curb separated sidewalk within the existing right-of-way. PROJECT COST: Preliminary Engineering ............... $118,000 Right of Way Acquisition ................ $54,000 Construction ............................. $433,000 TOTAL ..................................... $605,000 Secured Funding………….….. ........... $605,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), Transportation Improvement Board (TIB) PROJECT JUSTIFICATION: Russell Road is currently classified as a major collector in the federal functional classification system. The roadway has a 2019 Average Daily Traffic count of 6,800. Russell Road connects major destinations including Hogan Park, Kent Public Works Operations Shops, Kent Parks Maintenance Shops, the Green River Trail, and the Kent Valley Ice Centre. 6.A.a Packet Pg. 42 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 2 PROJECT #2: Transportation Master Plan YEAR: 2022 (Started in 2019) DESCRIPTION: Major update to the Transportation Master Plan (TMP) including near-term and long-range planning for the City’s multimodal transportation network needs. The project will require assistance from consultants. Project elements include transportation goals development; an outreach strategy; evaluation of multimodal level of service; transportation model development; public and stakeholder outreach; the base, near-term and forecast transportation model; project development; transportation performance measures to prioritize projects; financial plan development; performance metrics to track progress on the adopted goals; the TMP document; a concurrency management program; and an updated transportation impact fee program. The updated TMP will include all transportation modes. The TMP was adopted in 2020. There is additional TMP work to support the City’s 2024 Comprehensive Plan update. PROJECT COST: Consultant ................................. $830,000 In-House Staff ............................ $110,000 TOTAL ...................................... $940,000 Secured Funding ......................... $940,000 FUNDING SOURCE(S): City of Kent (General Fund, Business and Occupation Tax) PROJECT JUSTIFICATION: The Kent TMP, as incorporated into the City’s Comprehensive Plan, is the City’s blueprint for long-range transportation planning in Kent. The City’s Comprehensive Plan was approved by the Puget Sound Regional Council in 2015. This update will include a multi-year transportation financing plan. The TMP will also consider subarea and functional plans adopted since 2008 and newly funded major corridors serving Kent: • Plans: Midway Subarea Plan, Downtown Subarea Action Plan, Rally the Valley, Let’s Go Kent, Park & Open Space Plan (2016) • Projects: Federal Way Link Extension, SR 509 extension, SR 167 improvements 6.A.a Packet Pg. 43 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 3 PROJECT #3: 76th Avenue S (North Phase) – S 212th Street to 1,000 feet south of S 212th Street YEAR: 2022 DESCRIPTION: Construct drainage and road improvements on 76th Avenue S from S 212th Street to 1,000 feet south of S 212th Street. The project will raise the existing road above the FEMA base flood elevation with a full width concrete roadway, construct new storm and water systems, concrete gutters and curbs, planters, sidewalks, street lighting and channelization. PROJECT COST: Preliminary Engineering .................. $220,000 Right of Way Acquisition ................. $130,000 Construction ............................... $3,650,000 TOTAL ..................................... $4,000,000 Secured Funding ...................... $4,000,000 EXTERNAL FUNDING: Surface Transportation Program (2021) …...$3,480,000 TOTAL……………………………….……........$3,480,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Storm Drainage Utility Fund), Developer Mitigation, Puget Sound Regional Council Grants (Federal Surface Transportation Program), Transportation Improvement Board PROJECT JUSTIFICATION: 76th Avenue S floods several times per year, resulting in road closures. The roadway is in the heart of the City’s Industrial zoning area and has significant heavy truck traffic. Large industrial and manufacturing companies and a large solid waste company that serves several adjacent jurisdictions are located in the immediate vicinity of the project. Road closures negatively impact these businesses and create congestion in other parts of the City because of traffic detours around the closure. Improving the road to current standards will also improve traffic flow on 76th Avenue S. 6.A.a Packet Pg. 44 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 4 PROJECT #4: S 212th Street – Green River Bridge (West) to Orillia Road S/City Limits YEAR: 2022 DESCRIPTION: The S 212th Street project includes grinding, replacement of failing pavement sections and a full-width asphalt concrete pavement overlay of the entire roadway from the Green River Bridge to Orillia Road S. Curb ramps will be upgraded as required to meet ADA standards. PROJECT COST: Preliminary Engineering ............... $140,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,700,000 TOTAL ................................... $1,840,000 Secured Funding………………………….$1,840,000 EXTERNAL FUNDING: Surface Transportation Program (2020) ….$1,500,000 TOTAL…………………………………………$1,500,000 FUNDING SOURCE(S): Federal Surface Transportation Program, City of Kent Business and Occupation Tax PROJECT JUSTIFICATION: This project is located within the Kent MIC. The Kent MIC located between the ports of Seattle and Tacoma supports significant regional growth and development, with one of the highest concentrations of jobs in the region. The road surface is heavily impacted by the high percentage of heavy vehicle traffic. An overlay is necessary to prevent further costly damage that may require more extensive reconstruction of the roadway to this critical multimodal freight, bus, pedestrian and commuter corridor. 6.A.a Packet Pg. 45 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 5 PROJECT #5: S 240th Street Sidewalks from Russell Road to Lakeside Boulevard E YEAR: 2023 DESCRIPTION: Construct continuous pedestrian facility along the south side of S 240th Street between Russell Road and Lakeside Boulevard E. Sidewalk treatments will include concrete sidewalk, and curb separated sidewalk within the existing right-of-way. PROJECT COST: Preliminary Engineering ................. $35,825 Right of Way Acquisition ........................ $0 Construction ............................. $394,075 TOTAL ......................................... $429,900 Secured Funding ......................... $429,900 EXTERNAL FUNDING: Transportation Improvement Board $312,000 TOTAL……………….…………….……$312,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board. PROJECT JUSTIFICATION: Russell Road/S 240th ST is currently classified as a major collector in the federal functional classification system. The roadway has a 2019 ADT of 6,800. Russell Road and S 240th Street connects major destinations including Hogan Park, Kent Public Works Operations Shops, Kent Parks Maintenance Shops, the Green River Trail, and the Kent Valley Ice Centre. 6.A.a Packet Pg. 46 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 6 PROJECT #6: Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park YEAR: 2023 DESCRIPTION: A continuous pedestrian facility will be constructed along Russell Road from Meeker Street to 700 feet north of Meeker Street. Sidewalk treatments will include a combination of asphalt path, concrete sidewalk, and curb separated sidewalk within the existing right-of-way. PROJECT COST: Preliminary Engineering ................. $80,000 Right of Way Acquisition ........................ $0 Construction…………………………………….$670,000 TOTAL ..................................... $750,000 Secured Funding………….…. ............ $750,000 EXTERNAL FUNDING: TIB Complete Streets…… .. $750,000 TOTAL……………….…………………$750,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), TIB Complete Streets Program, PROJECT JUSTIFICATION: Russell Road is currently classified as a major collector in the federal functional classification system. The roadway has a 2019 ADT of 6,800. Russell Road connects major destinations including Hogan Park, Kent Public Works Operations Shops, Kent Parks Maintenance Shops, the Green River Trail, and the Kent Valley Ice Centre. 6.A.a Packet Pg. 47 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 7 PROJECT #7: Auburn to Renton RapidRide Access Improvements YEAR: 2023 (Preliminary Engineering started in 2019) DESCRIPTION: This is a King County Metro transit project to upgrade passenger facilities and increase access to transit within Kent along the new RapidRide I corridor expected to open in 2025. Improved pedestrian and bicycle facilities, shelter improvements, real time arrival information, lighting, off-board payment kiosks, and other transit facility improvements will increase safety and comfort for transit users, induce transit ridership, and improve transit speeds throughout the City and other jurisdictions along the route. The new RapidRide corridor will run north-south along Central Avenue from Auburn to the Kent Transit Center, connect to the East Hill area, and then north-south along the Benson Highway (State Route 515) corridor to Renton. Over seven miles of the corridor are within the City. Design began in 2019, and construction is planned for 2024 and 2025. PROJECT COST: Preliminary Engineering ............. $1,650,000 Equipment ............................... $1,520,000 Construction ............................ $7,510,000 TOTAL ................................. $10,680,000 Secured…………………………… ........ $10,680,000 EXTERNAL FUNDING: Regional Mobility Grant .............. $8,000,000 King County Metro .................... $2,680,000 Total Secured ...................... $10,680,000 FUNDING SOURCE(S): WSDOT Regional Mobility Grant, King County Metro PROJECT JUSTIFICATION: Current frequent service along this corridor includes route 180 (Southeast Auburn to Kent Station to Sea-Tac Airport to Burien Transit Center) and route 169 (Kent Station to Renton Transit Center). The corridor currently has 31 northbound and 29 southbound transit stops serving these two routes. This corridor currently has deficiencies in bus stop facilities as well as areas with poor pedestrian and bicycle access to transit. All bus zones identified for RapidRide service will require upgraded facilities (e.g., new RapidRide shelters and amenities) to align with King County Metro’s RapidRide branding and standards. The City will work with King County Metro to identify bus zone locations for improvements. 6.A.a Packet Pg. 48 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 8 PROJECT #8: Four Rectangular Rapid Flashing Beacons (RRFBs) at 104th Avenue SE south of SE 256th Street, SE 240th Street east of 104th Avenue SE, Central Avenue N between Novak Lane and Woodford Avenue N, and Central Avenue N between Woodford Avenue N and E George Street YEAR: 2023 DESCRIPTION: Construct four RRFBs at 104th Avenue SE south of SE 256th Street, SE 240th Street east of 104th Avenue SE, Central Avenue N between Novak Lane and Woodford Avenue N, and Central Avenue N between Woodford Avenue N and E George Street. PROJECT COST: Preliminary Engineering ............... $269,000 Right of Way Acquisition ........................ $0 Construction ............................. $986,000 TOTAL ................................... $1,255,000 Secured Funding ....................... $1,255,000 EXTERNAL FUNDING: WSDOT Pedestrian and Bicycle Program ……. $1,163,588 TOTAL………………………………………………$1,163,588 FUNDING SOURCE(S): WSDOT Pedestrian and Bicycle Program, City of Kent (Business and Occupation Tax, Transportation Impact Fees) PROJECT JUSTIFICATION: These midblock arterial pedestrian crossing locations were identified in the Local Road Safety Plan as areas where improved arterial pedestrian crossings could be installed to serve pedestrian crossing demand for transit access and commercial activity and address pedestrian and bicycle crashes. 6.A.a Packet Pg. 49 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 9 PROJECT #9: Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award YEAR: 2023 DESCRIPTION: Construct a compact roundabout at 108th Avenue SE and SE 264th Street and three road diets. The road diets are located on S 260th Street/S 259th Place from Pacific Highway S (SR 99) to Military Road S; on Meeker Street, Lincoln Avenue N, and W Smith Street from Washington Avenue to 4th Avenue N; and on 4th Avenue N from S 228th Street to W James Street. All three road diet projects will have a single travel lane in each direction, a two-way left- turn lane, and a bike lane in each direction. PROJECT COST: Preliminary Engineering ............... $275,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,525,000 TOTAL ................................... $1,800,000 Secured Funding ....................... $1,800,000 EXTERNAL FUNDING: Highway Safety Improvement Program (2020) …...$1,620,000 TOTAL………………………….…………….……........$1,620,000 FUNDING SOURCE(S): WSDOT City Safety Program (Federal Highway Safety Improvement Program), City of Kent (Business and Occupation Tax, Transportation Impact Fees) PROJECT JUSTIFICATION: This project will implement roundabout and road diet projects recommended in the Local Roadway Safety Plan as prioritized by the WSDOT through the Highway Safety Improvement Program (HSIP). The compact roundabout will address the crash history at the intersection of 108 Avenue SE and SE 264 Street and provide a calming effect to the 108 Avenue SE corridor. The road diets reduce conflict points, provide bike facilities on planned bike routes, and improve the overall safety of the roadway. 6.A.a Packet Pg. 50 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 10 PROJECT #10: Meeker Street and 64th Avenue S - Intersection Improvements YEAR: 2023 DESCRIPTION: Intersection reconstruction, curb bulb-outs and bus bulb-outs to decrease the pedestrian crossing distance and decrease transit board time. The project includes bus stop improvements on the north and south side of W Meeker Street east of 64th Avenue S, and signal improvements including transit signal priority. PROJECT COST: Preliminary Engineering ............... $291,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,325,000 TOTAL ................................... $2,616,000 Secured Funding……………………………..$274,000 EXTERNAL FUNDING: Surface Transportation Program (2021) …$274,000 TOTAL…………………………………………$274,000 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax) PROJECT JUSTIFICATION: The project is intended to make the intersection safer by reducing westbound through lanes from two to one, so people driving vehicles merge before the intersection rather than merging after getting through. The curb bulbs will also help make a more comfortable experience for pedestrians crossing the intersection, which fits the overall Meet Me on Meeker vision for the corridor. The project supports visitors to local businesses, students at Kent Elementary School, nearby residents, seniors and commuters. The project supports and originates from the Economic Development Plan, adopted by City Council—particularly the strategies to beautify Kent streetscapes and strengthen sense of place by designating and improving key gateways into Kent. 6.A.a Packet Pg. 51 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 11 PROJECT #11: Reith Road – Compact Roundabouts and Road Diet YEAR: 2023 DESCRIPTION: Convert the intersections of Reith Road/S 253rd Street and Reith Road/Lake Fenwick Road from two-way stop control to compact roundabouts. Convert Reith Road from S 253rd Street and Kent- Des Moines Road from 4 lanes to 2 lanes plus bike lanes. PROJECT COST: Preliminary Engineering ............... $208,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,285,000 TOTAL ................................... $2,493,000 Secured Funding ....................... $2,493,000 EXTERNAL FUNDING: TIB Urban Arterials (2021) .......... $1,595,000 TOTAL……………….…………………$1,595,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), Transportation Improvement Board PROJECT JUSTIFICATION: This project combines multiple countermeasures identified in the Local Road Safety Plan which address multiple serious crashes in the corridor. The roundabouts would have a calming effect on the arterial roadway and provide safe pedestrian crossings to serve the transit stops at each intersection. These crossings address the serious pedestrian crashes that have occurred near the Lake Fenwick Rd intersection and improve safety for all transit users. The Reith Rd corridor is also identified as a Bicycle Level of Traffic Stress (LTS) 1 corridor in the Transportation Master Plan. 6.A.a Packet Pg. 52 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 12 PROJECT #12: Meeker Frontage Improvement at Kent Elementary School YEAR: 2023 DESCRIPTION: Construct new two-way separated bike lane on the south side of the street with on-street parking and roadway median improvements from 64th Avenue South to 750 feet east of 64th Avenue S. The project will narrow the roadway to 3 lanes with parking on both sides and include construction of raised median islands, raised buffer islands between the bike lanes and travel lanes, street lighting, landscaping, and pedestrian amenities. PROJECT COST: Preliminary Engineering .................. $173,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,773,000 TOTAL ................................... $1,906,000 Secured Funding ......................... $600,000 FUNDING SOURCE(S): City of Kent (Economic and Community Development Placemaking Fund, Business and Occupation Tax, Transportation Impact Fees), Puget Sound Regional Council Grants (Transportation Alternatives Program, Non-Motorized Set-aside) PROJECT JUSTIFICATION: Private development at 64th Avenue S and Meeker Street will construct the Meet Me on Meeker promenade along approximately 1,000 feet of property frontage west of the intersection. This project provides approximately 750 feet of separated two-way bike lane connection and on-street parking between 64th Avenue S and 750 feet east of 64th Avenue S. The project is in front of two businesses and Kent Elementary School. This project will improve the comfort and safety of active transportation users as well as aesthetics and economic development along this important commercial corridor. 6.A.a Packet Pg. 53 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 13 PROJECT #13: New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) YEAR: 2023 DESCRIPTION: Install new traffic signal on Washington Avenue S between Kent- Des Moines Road (SR 516) and Meeker Street to serve the existing commercial area on the east side and the redevelopment of the commercial site on the west side of Washington Avenue S. The signal will be coordinated with the existing signals on Washington Avenue. PROJECT COST: Preliminary Engineering ............... $212,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,120,000 TOTAL ................................... $2,332,000 Secured Funding ................................... $0 FUNDING SOURCE(S): Developer, City of Kent (Transportation Impact Fees), LID. PROJECT JUSTIFICATION: Current access management on the corridor prevents direct left- turns into the existing commercial site on the east side and the redeveloping commercial site on the west side of Washington Avenue S. Traffic demand from the proposed development would overwhelm the U-turn capacity of the traffic signals at Meeker Street and Willis Street. This project will provide safe and direct access to a re-developing commercial site and improve access to an existing commercial area while preserving access management along the corridor. 6.A.a Packet Pg. 54 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 14 PROJECT #14: Veterans Drive Extension - Military Road to I-5 Southbound Off-ramp YEAR: 2023 DESCRIPTION: Complete a missing link by constructing a new roadway from Military Road to the I-5 Southbound off-ramp, including an intersection with the northbound on-ramp to I-5 and an undercrossing of I-5. The project will include the construction of full width paving, concrete curbs, gutters, sidewalks, pedestrian pathway, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering……………… $2,765,000 Right of Way Acquisition……………$10,270,000 Construction………………………..…… $38,585,000 TOTAL………………………….… $51,620,000 Secured Funding…………………..…..$47,104,000 FUNDING SOURCE(S): Connecting Washington Account (State), City of Kent, Transportation Improvement Board, Puget Sound Regional Council Grants (Federal Surface Transportation Program) PROJECT JUSTIFICATION: This project will improve the connection between the Sea-Tac International Airport, the Port of Seattle, and the Kent Manufacturing Industrial Center (MIC). This project reduces traffic congestion on local roads and highways by completing a direct connection between Seattle and the Kent Valley. The project will redistribute traffic away from SR 516, improving operations of the interchange. 6.A.a Packet Pg. 55 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 15 PROJECT #15: E Valley Highway Pavement Preservation - S 196th Street to S 212th Street YEAR: 2023 DESCRIPTION: The E Valley Highway project includes grinding, replacement of failing pavement sections, and a full-width asphalt concrete pavement overlay of the entire roadway from S 196th Street to S 212th Street. Remove failing asphalt pavement and replace it with Portland cement concrete pavement. Curb ramps and pedestrian push buttons will be upgraded as required to meet ADA standards. This project will also remove failing asphalt pavement and replace it with Portland cement concrete pavement in approach to the intersection. PROJECT COST: Preliminary Engineering ............... $318,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,959,000 TOTAL ................................... $4,277,000 Secured Funding ................................... $0 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Surface Transportation Program), City of Kent (Business and Occupation Tax) PROJECT JUSTIFICATION: This project is located within the Kent MIC. The road surface is heavily impacted by the high percentage of heavy vehicle traffic. Overlay is necessary to prevent further costly damage that may require more extensive reconstruction of the roadway to this critical multimodal freight, bus, pedestrian, and commuter corridor. 6.A.a Packet Pg. 56 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 16 PROJECT #16: 132nd Avenue SE Pedestrian Improvements (Phase 3) – SE Kent-Kangley Road to SE 278th Place YEAR: 2023 DESCRIPTION: Construct a sidewalk along the west side of 132nd Avenue SE where sidewalk does not currently exist. This project will include ADA-compliant curb ramps throughout the segment and pavement improvements at the intersection of SE 278th Place and 132nd Avenue SE. PROJECT COST: Preliminary Engineering ................. $58,940 Right of Way Acquisition ........................ $0 Construction ............................. $350,000 TOTAL ..................................... $408,940 Secured Funding……………………………….$58,940 EXTERNAL FUNDING: King County Metro ……………………………$58,940 TOTAL……………………………………$58,940 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), King County Metro, Transportation Improvement Board (TIB), WSDOT Pedestrian and Bicycle Program PROJECT JUSTIFICATION: 132nd Avenue SE is designated as a minor arterial roadway, with 3 vehicle lanes, bicycle lanes, sidewalks and landscaping planned at build-out. This roadway has been widened at various locations based on development of adjacent parcels. Due to budgetary constraints this roadway will not be completed in the near term; however, the desire to improve pedestrian access necessitates moving ahead with the sidewalk. 6.A.a Packet Pg. 57 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 17 PROJECT #17: 76th Avenue S (South Phase) – 2,600 Feet South of S 212th Street to 3,660 Feet South of S 212th Street YEAR: 2023 DESCRIPTION: Construct drainage and road improvements on 76th Avenue S from S 220th Street to S 223rd Street. The project will raise the existing road above the FEMA base flood elevation with a full width concrete roadway, remove deficient culverts, construct 3 bridges, widen the Mill Creek channel, construct new storm and water systems, gutters, curbs, planter strips, sidewalks, street lighting, and channelization. PROJECT COST: Preliminary Engineering ............. $1,570,000 Right of Way Acquisition ............ $2,330,000 Construction ......................... $10,600,000 TOTAL ................................. $14,500,000 Secured Funding ....................... $3,000,000 EXTERNAL FUNDING: Washington State Department of Commerce.…$3,000,000 TOTAL……………………………………………….$3,000,000 FUNDING SOURCE(S): Washington State Department of Commerce, City of Kent (Business and Occupation Tax, Storm Drainage Utility Fund), Developer Mitigation. PROJECT JUSTIFICATION: 76th Avenue S floods several times per year due to a deficient creek channel, resulting in road closures. The roadway is in the heart of the City’s Industrial zoning area and has significant heavy truck traffic. Large industrial and manufacturing companies and a large solid waste company that serves several adjacent jurisdictions are in the immediate vicinity of the project. Road closures negatively impact these businesses and create congestion in other parts of the City as a result of traffic detours around the closure. Improving the road to current standards will also improve traffic flow on 76th Avenue South. 6.A.a Packet Pg. 58 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 18 PROJECT #18: Local Road Safety Plan – 2023 Highway Safety Improvement Program YEAR: 2023 DESCRIPTION: Make various safety improvements in a single location each year to enhance safety for all road users and make various safety improvements systemically throughout the City each year to enhance safety for all road users. Apply safety countermeasures identified in the Local Road Safety Plan in a single prioritized location with multiple risk factors (Spot Location Improvements) and/or in multiple prioritized locations with similar risk factors (Systemic Improvements). PROJECT COST: Preliminary Engineering ............... $112,000 Right of Way Acquisition ................ $64,000 Construction ............................. $742,000 TOTAL ...................................... $918,000 Secured Funding ................................... $0 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax, Transportation Impact Fees), Washington State Department of Transportation Local Programs, Transportation Improvement Board, Highway Safety Improvement Program and Hazard Elimination Program PROJECT JUSTIFICATION: This project will implement the recommendations of the Local Roadway Safety Plan by installing safety countermeasures and improvements in a single prioritized spot location and/or systemically in multiple prioritized locations with similar risk factors. 6.A.a Packet Pg. 59 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 19 PROJECT #19: BNSF Railway Company Railroad Quiet Zone YEAR: 2024 DESCRIPTION: Establish a railroad quiet zone for the BNSF Railway Company mainline tracks through the City. The grade crossings to be included in the quiet zone are: S 259th Street, E Willis Street (SR 516), E Titus Street, E Gowe Street, E Meeker Street, E Smith Street, E James Street, and S 212th Street. The project began in 2018. PROJECT COST: Preliminary Engineering ................ $135,000 Right of Way Acquisition ................. $49,000 Construction ........................... $1,754,000 TOTAL ................................... $1,938,000 Secured Funding ....................... $1,938,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Washington Utilities and Transportation Commission PROJECT JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn approximately one quarter mile from an at-grade highway/railroad crossing. Train horns are an effective warning of a train approaching grade crossings, but they expose the local community to significant noise. Reducing that noise through a quiet zone will improve the quality of life for those living and working closest to the railroad facilities and could eliminate a barrier to attracting new businesses and residents. 6.A.a Packet Pg. 60 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 20 PROJECT #20: Union Pacific Railroad Quiet Zone YEAR: 2024 DESCRIPTION: Establish a railroad quiet zone for the Union Pacific Railroad (UPRR) mainline tracks through the City. The grade crossings included in the quiet zone are Willis Street (SR 516), W Meeker Street, W Smith Street, W James Street and S 212th Street. The project began in 2018. PROJECT COST: Preliminary Engineering .................. $85,000 Right of Way Acquisition ................. $31,000 Construction ........................... $1,096,000 TOTAL ................................... $1,212,000 Secured Funding ....................... $1,212,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Washington Utilities and Transportation Commission PROJECT JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn approximately one quarter mile from an at-grade highway/railroad crossing. Train horns are an effective warning of a train approaching grade crossings, but they expose the local community to significant noise. Reducing that noise through a quiet zone will improve the quality of life for those living and working closest to the railroad facilities and could eliminate a barrier to attracting new businesses and residents. 6.A.a Packet Pg. 61 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 21 PROJECT #21: Meeker Street Green River Bridge Rehabilitation YEAR: 2024 DESCRIPTION: Replace the existing finger expansion joints and bearing pads, deck resurfacing, and bridge repainting. PROJECT COST: Preliminary Engineering ............... $850,000 Right of Way Acquisition ........................ $0 Construction ........................... $5,202,000 TOTAL ................................... $6,052,000 Secured Funding ....................... $6,052,000 EXTERNAL FUNDING: Federal Highway Bridge Program (2021)$4,484,320 TOTAL……………….………………………$4,484,320 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund), WSDOT Local Bridge Program PROJECT JUSTIFICATION: The Meeker Street bridge over the Green River is a steel stringer bridge (Warren Truss Frame). Meeker Street is part of the old SR 516, a major corridor linking I-5 and SR 167. The Meeker Street Bridge has stringer supports with attached existing city utilities (METRO 24" sanitary sewer trunk line and a City of Kent 12" water main and other outside utilities) below the roadway decking that services the residents on the west hill of the City of Kent. Just west of the bridge, the average daily traffic (ADT) is 18,900 with 4% trucks and an annual gross tonnage of just under 2 million. The annual gross tonnage makes the roadway a T-3 freight route on the WSDOT Freight and Goods Transportation System. The bridge has severe paint scaling with 70% of top chords of the trusses peeled to the primer, as well as bottom trusses and vertical hangers. Pack rust is visible. The bridge deck has severe exposed short transverse rebar with spalls concentrated in both eastbound and westbound lanes. The worst area is in the southern lane. The lanes have about 50-55 percent exposed transverse re-bar on the bridge decking. Due to aging of the bridge, the existing finger expansion joints need to be replaced, including the reinsert and glue bearing pads. 6.A.a Packet Pg. 62 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 22 PROJECT #22: Military Road at Reith Road/S 260th Street Intersection Improvements YEAR: 2024 DESCRIPTION: Realign the intersection and widen the approaches to provide eastbound and westbound left turn pockets and a westbound right turn pocket. PROJECT COST: Preliminary Engineering ............... $938,000 Right of Way Acquisition ........................ $0 Construction ........................... $9,374,000 TOTAL ................................. $10,312,000 Secured Funding ................................... $0 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax, Transportation Impact Fees), Congestion Mitigation Air Quality, Washington State Department of Transportation Local Programs, Transportation Improvement Board. PROJECT JUSTIFICATION: The existing streets intersect at a sharp angle. Westbound Reith Road and eastbound S 260th Street do not have separate left turn pockets requiring the traffic signal to serve eastbound and westbound traffic separately. This is a very inefficient operation. Realigning the intersecting streets to a lower intersecting angle and including eastbound and westbound left turn pockets will allow the signal to operate more efficiently. In addition, adding a westbound right turn pocket will improve intersection operations by allowing the heavy turning movement to occur independent of the traffic signal. 6.A.a Packet Pg. 63 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 23 PROJECT #23: S 218th Street/98th Avenue S - 94th Place S to 99th Avenue S YEAR: 2024 DESCRIPTION: Construct a three-lane roadway from 94th Place S to S 216th Street. This project widens S 216th Street/98th Avenue S to three lanes and includes full-width paving; concrete curbs, gutters, and sidewalks; five-foot paved shoulders; street lighting; storm drainage; landscaping; utilities and channelization. This project must be assessed with respect to the “complete streets” requirements. PROJECT COST: Preliminary Engineering ............. $1,173,000 Right of Way Acquisition ............ $1,263,000 Construction ........................... $9,113,000 TOTAL ................................. $11,549,000 Secured Funding ..................... $11,549,000 EXTERNAL FUNDING: Surface Transportation Program (2024) ……$4,915,680 Move Ahead Washington (2022)…………………$5,969,700 TOTAL……………………………….……......$10,885,380 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund, Local Improvement District, Special Assessments, Transportation Impact Fee), Developer Mitigation, Transportation Improvement Board, Puget Sound Regional Council Grants (Federal Surface Transportation Program) PROJECT JUSTIFICATION: The existing transportation network cannot accommodate the current or forecast east-west traffic volumes between Kent’s East Hill and the Kent Valley. To meet transportation concurrency requirements of the Growth Management Act, additional east- west vehicle capacity is required. Intersections along S 208th/212th Street and James/SE 240th Streets are at or over capacity. Because of existing development and topographic constraints, it is not feasible to widen the James/SE 240th Street and S 208th/212th Street corridors enough to provide the additional east-west capacity needed to accommodate forecast traffic volumes. 6.A.a Packet Pg. 64 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 24 PROJECT #24: Naden Avenue and Willis Street Intersection Improvements YEAR: 2024 (Preliminary Engineering started in 2017) DESCRIPTION: Build a right-in/right-out intersection on Willis Street (SR 516) at Naden Avenue consistent with Washington State Department of Transportation approval. Reconfigure the northbound 74th Avenue S to right-turn only at Willis Street. Reconstruct the traffic control signal. PROJECT COST: Preliminary Engineering ............... $273,000 Right of Way Acquisition .............. $251,000 Construction ........................... $2,276,000 TOTAL ................................... $2,800,000 Secured Funding………... ............. $2,800,000 EXTERNAL FUNDING: American Rescue Plan Act (2021)…$2,800,000 TOTAL……………….…………………$2,800,000 FUNDING SOURCE(S): City of Kent (Developer Mitigation, General Fund, Local Improvement District, Economic and Community Development Placemaking Fund, Business and Occupation Tax), Transportation Improvement Board and American Rescue Plan Act. PROJECT JUSTIFICATION: This project will provide access to the City’s Naden site. The Naden site is placed strategically at the entrance to Kent’s Downtown. It is highly approachable and visible from SR 167 and SR 516. The Kent Downtown Subarea Action Plan describes this area as critical to projecting a good image of the City. 6.A.a Packet Pg. 65 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 25 PROJECT #25: Safe Routes to School – School Zone Flashers at Seven Elementary Schools YEAR: 2025 DESCRIPTION: Install School Zone Flashers at the following Elementary Schools: Sunnycrest Elementary, Star Lake Elementary, Park Orchard Elementary, Sunrise Elementary, Millennium Elementary, Kent Elementary, and Neely-O’Brien Elementary. PROJECT COST: Preliminary Engineering ................. $42,000 Right of Way Acquisition ........................ $0 Construction ............................. $376,000 TOTAL ...................................... $418,000 Secured Funding ................................... $0 EXTERNAL FUNDING: WSDOT Safe Routes to School Program ……$0 TOTAL……………….……………………..…… $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), WSDOT Safe Routes to School Program, WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board, WSDOT City Safety Program (Federal Highway Safety Improvement Program) PROJECT JUSTIFICATION: This project increases pedestrian safety on school walk routes. Flashing beacons are used to notify drivers that they are entering a school zone near an elementary school with a reduced speed limit during times when elementary school students are walking to and from school. 6.A.a Packet Pg. 66 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 26 PROJECT #26: W Meeker Street Frontage from Thompson Avenue to the Interurban Trail YEAR: 2025 DESCRIPTION: Construct Meet Me on Meeker Promenade frontage improvements with new sidewalk, amenity zone, pathway for 2-way bike traffic, buffer zone, and on-street parking on the south side of the street. The northside will be upgraded to the Meet Me on Meeker Design Standards. Also construct a raised intersection at 7th Avenue N and realign the Interurban Trail to cross at the intersection with an RRFB. PROJECT COST: Preliminary Engineering ............... $500,000 Right of Way Acquisition .............. $100,000 Construction ........................... $5,500,000 TOTAL ................................... $6,100,000 Secured Funding ....................... $1,342,500 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Developer, Puget Sound Regional Council (Transportation Alternatives Program, Non-Motorized Set-aside), Transportation Improvement Board. PROJECT JUSTIFICATION: The entire Meeker corridor from the Green River to Downtown is planned as a promenade to provide recreation and urban transport opportunities to those living in the area by connecting them to the downtown core. This segment provides a vital link on the edge of the downtown area and improves the crossing experience of the Interurban Trail. 6.A.a Packet Pg. 67 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 27 PROJECT #27: New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail YEAR: 2025 DESCRIPTION: Seven new or improved crossing improvements at the following locations: 1) Install a rectangular rapid flashing beacon (RRFB) enhance crossing with median island at 4th Avenue N and W Harrison Street, 2) Rebuild the traffic signal and provide crossing improvements at James Street at the Interurban Trail, 3) Install a new raised midblock crossing and RRFB on Meeker Street between 6th Avenue and 4th Avenue, 4) Install crossing improvements on S 212th Street at Interurban Trail, 5) Install an RRFB on S 259th Street at the Interurban Trail, 6) Install crossing improvements and convert the pedestrian traffic signal to an RRFB on Smith Street at the Interurban Trail, and 7) Install pedestrian crossing signal and crossing improvements on Smith Street at Railroad Avenue N. PROJECT COST: Preliminary Engineering ............... $600,000 Right of Way Acquisition ........................ $0 Construction ........................... $5,600,000 TOTAL ................................... $6,200,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent Business and Occupation Tax, Puget Sound Regional Council Grants (Transportation Alternatives Program and Non- Motorized Set-aside) PROJECT JUSTIFICATION: These pedestrian and bicycle crossing improvements will benefit active transportation users throughout the downtown and industrial valley. The Rally the Valley Plan identified the four crossing improvements at the Interurban Trail (James Street, S 212th Street, S 259th Street, Smith Street) as critical improvements for pedestrians in the MIC. The three other new/improved pedestrian improvements were identified during the extensive public outreach efforts for the TMP update. The crossings will improve conditions at the Interurban Trail, increase pedestrian access to Kent Station and RapidRide bus stops, and improve connections to downtown businesses. 6.A.a Packet Pg. 68 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 28 PROJECT #28: Naden Avenue Improvements - Willis Street to Meeker Street YEAR: 2025 DESCRIPTION: Build the new Naden Avenue connecting Willis Street and Meeker Street to prepare the site for development. PROJECT COST: Preliminary Engineering ............... $400,000 Right of Way Acquisition .............. $200,000 Construction ........................... $2,400,000 TOTAL ................................... $3,000,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Developer Mitigation, General Fund, Local Improvement District, Economic and Community Development Placemaking Fund) PROJECT JUSTIFICATION: This project will connect the Naden Avenue and Willis Street intersection improvements with Meeker Street, allowing for greater development potential for the Naden site. This area is adjacent to SR 167 and SR 516 and serves as a gateway to visitors. The Kent Downtown Subarea Action Plan describes this area as critical to projecting a good image of the City. Additionally, this project will provide on-street parking, which will improve access to the Interurban Trail. 6.A.a Packet Pg. 69 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 29 PROJECT #29: 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing YEAR: 2025 DESCRIPTION: Construct Pedestrian Hybrid Beacon pedestrian crossing with median pedestrian refuge island, curb ramp improvements. PROJECT COST: Preliminary Engineering ............... $153,500 Right of Way Acquisition ........................ $0 Construction ............................. $742,000 TOTAL ......................................... $895,500 Secured Funding ................................... $0 EXTERNAL FUNDING: WSDOT Pedestrian and Bicycle Program ……$0 TOTAL……………….……………………..……$0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board. PROJECT JUSTIFICATION: The new enhanced pedestrian crossing at Panther Lake Library will provide a connection between the library and retail destinations on the east side of 108th Avenue SE and both single family and multifamily residential neighborhoods on the west side of 108th Avenue SE. This new crossing will reduce walking distance to an enhanced crossing by up to a quarter of a mile. The project will construct a new pedestrian hybrid beacon, median improvements, and an ADA-compliant crossing. 6.A.a Packet Pg. 70 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 30 PROJECT #30: W Meeker Street Frontage from Washington Avenue to Thompson Avenue YEAR: 2025 DESCRIPTION: Construct new two-way separated bike lane on the south side of the street with on-street parking and roadway improvements from Washington Avenue to Thompson Avenue N. The project will narrow the roadway to 3 lanes, install buffer islands between the bike lanes and travel lanes, street lighting, landscaping, and pedestrian amenities. PROJECT COST: Preliminary Engineering……………………$250,000 Right of Way Acquisition……………………………..$0 Construction ........................... $1,800,000 TOTAL ................................... $2,050,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Economic and Community Development Placemaking Fund, Business and Occupation Tax, Transportation Impact Fees), Puget Sound Regional Council Grants (Transportation Alternatives Program, Non-motorized Set-aside) PROJECT JUSTIFICATION: East of the project a city-led effort will construct approximately 850 feet of property frontage consisting of two-way separated bike lanes and some on-street parking, and pedestrian amenities. This project provides approximately 460 feet of promenade connection along W Meeker Street between Washington Avenue North and Thompson Avenue N. This project will improve the safety and comfort of both motorists and active transportation users as well as aesthetics and economic development along this important commercial corridor. 6.A.a Packet Pg. 71 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 31 PROJECT #31: S 216th Street - 99th Avenue S to 108th Avenue SE (SR 515/Benson Highway) YEAR: 2025 DESCRIPTION: Construct a three-lane roadway from 98th Avenue S to 108th Avenue SE (SR 515/Benson Highway). This project widens S 216th Street to three lanes and includes full-width paving; concrete curbs, gutters, and sidewalks; five-foot paved shoulders; street lighting; storm drainage; landscaping; utilities and channelization. PROJECT COST: Preliminary Engineering ............. $1,680,000 Right of Way Acquisition ............ $1,450,000 Construction ......................... $11,500,000 TOTAL ................................. $14,630,000 Secured Funding ..................... $14,630,000 EXTERNAL FUNDING: Move Ahead Washington (2022)…$14,630,000 TOTAL………………………………$14,630,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund, Local Improvement District, Special Assessments, Transportation Impact Fee), Developer Mitigation, Transportation Improvement Board, Puget Sound Regional Council Grants (Surface Transportation Program) PROJECT JUSTIFICATION: The existing transportation network cannot accommodate the current or forecast east-west traffic volumes between Kent’s East Hill and the Green River Valley. To meet transportation concurrency requirements of the Growth Management Act, additional east-west vehicle capacity is required. Intersections along S 208th/212th Street and James/SE 240th Streets are at or over capacity. Because of existing development and topographic constraints, it is not feasible to widen the James/SE 240th Street and S 208th/212th Street corridors enough to provide the additional east-west capacity needed to accommodate forecast traffic volumes. 6.A.a Packet Pg. 72 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 32 PROJECT #32: 83rd Avenue S Sidewalks from S 228th Street to S 224th Street YEAR: 2025 DESCRIPTION: Complete the sidewalks gap on the west side of 83rd Avenue S by constructing about 750 feet of sidewalk in existing right-of-way. The project will also include a concrete apron across S 224th Street and ADA curb ramps. PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition ........................ $0 Construction ............................. $500,000 TOTAL ...................................... $600,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board. PROJECT JUSTIFICATION: 83rd Avenue S is a Minor Arterial roadway serving over 10,000 vehicles per day. This section of sidewalk is a missing link for pedestrians between businesses on the north and west side of the corridor and nearby transit service on 84th Avenue S. 6.A.a Packet Pg. 73 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 33 PROJECT #33: SE 272nd Street (SR 516) at 148th Avenue SE (Lake Meridian) – Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing YEAR: 2025 DESCRIPTION: Construct Pedestrian Hybrid Beacon pedestrian crossing with median pedestrian refuge island, curb ramp improvements, signal intertie with 152nd Avenue SE signal, utilities relocation, rechannelization of SE 272nd Street including removal of two bus turnouts, and transit access improvements. PROJECT COST: Preliminary Engineering ............... $200,000 Right of Way Acquisition ........................ $0 Construction ............................... $1,100,000 TOTAL ................................... $1,300,000 Secured Funding ......................... $120,000 EXTERNAL FUNDING: King County Metro ……………….………....$120,000 TOTAL……………………………….…..$120,000 FUNDING SOURCE(S): Federal Surface Transportation Program, City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board. PROJECT JUSTIFICATION: The pedestrian crossing transverses a busy principal arterial. The crossing will provide pedestrian access to an existing transit stop. A RapidRide route, King County Metro’s branded bus rapid transit, is planned for the corridor, and this stop is one of the anticipated RapidRide stops with ridership forecasted to increase significantly. Additionally, the new pedestrian crossing will connect a residential area and Lake Meridian Park, a popular City Park. 6.A.a Packet Pg. 74 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 34 PROJECT #34: Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools YEAR: 2025 DESCRIPTION: Widen 94th Avenue S within 150’ of the intersection with James St/S 240th Street to provide left-turn pockets. Add protected left turn signal phasing with flashing yellow arrows. Complete sidewalk connections within the intersection to 94th Avenue and S 240th Street without increasing crossing distances. Provide for the safe movement of bikes through the intersection on this planned north-south bike corridor. PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition .............. $100,000 Construction ............................. $400,000 TOTAL ...................................... $600,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), WSDOT Safe Routes to School Program, WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board, WSDOT City Safety Program (Federal Highway Safety Improvement Program) PROJECT JUSTIFICATION: This project increases pedestrian safety on school walk routes. 6.A.a Packet Pg. 75 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 35 PROJECT #35: Local Road Safety Plan – 2025 Highway Safety Improvement Program YEAR: 2025 DESCRIPTION: Make various safety improvements in a single location each year to enhance safety for all road users and make various safety improvements systemically throughout the City each year to enhance safety for all road users. Apply safety countermeasures identified in the Local Road Safety Plan in a single prioritized location with multiple risk factors (Spot Location Improvements) and/or in multiple prioritized locations with similar risk factors (Systemic Improvements). PROJECT COST: Preliminary Engineering ............... $200,000 Right of Way Acquisition .............. $100,000 Construction ............................. $800,000 TOTAL ................................... $1,100,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT City Safety Program (Federal Highway Safety Improvement Program PROJECT JUSTIFICATION: This project will implement the recommendations of the Local Roadway Safety Plan by installing safety countermeasures and improvements in a single prioritized spot location and/or systemically in multiple prioritized locations with similar risk factors. 6.A.a Packet Pg. 76 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 36 PROJECT #36: Panther Lake Signal System Integration YEAR: 2026 DESCRIPTION: This project includes extension of the fiber optic communications network along the S/SE 208th Street corridor to traffic signals in the Panther Lake area to allow remote monitoring, management, and coordination. The project also includes replacement of the existing outdated traffic signal controllers to allow integration with the new central traffic signal control system and operating Flashing Yellow Left Turn Arrows (FYLTA). PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition ........................ $0 Construction ............................. $500,000 TOTAL ...................................... $600,000 Secured Funding ................................... $0 FUNDING SOURCE(S): WSDOT City Safety Program (Federal Highway Safety Improvement Program) PROJECT JUSTIFICATION: The traffic signals in the Panther Lake area are not connected to the City’s central traffic signal control system; hence, they cannot be remotely monitored or managed from the City’s Traffic Management Center. The existing traffic signal controllers are not capable of operating FYLTA for permissive left turn movements. It has been demonstrated that this type of signal display is much more readily understood by motorists and results in reduced collision rates involving vehicles turning left during permissive left turn signal phases. The integration of these signals into the City’s signal system will allow operation flexibility and improved transportation system efficiency. 6.A.a Packet Pg. 77 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 37 PROJECT #37: Railroad Safety Project – BNSF Railroad Crossing at E Smith Street YEAR: 2026 DESCRIPTION: Install pedestrian gates in the northwest and southeast quadrants. Connect pedestrian gates to existing railroad crossing gate system. PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition ........................ $0 Construction ............................. $700,000 TOTAL ...................................... $800,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), Federal Highway Administration Rail-Highways Crossing Program (Section 130, Federal Railroad Association (FRA) PROJECT JUSTIFICATION: This project will improve pedestrian railroad crossing safety at the E Smith Street crossing of the BNSF railroad. This is located at the south end of the Kent Station Sounder commuter train platform at the Kent Transit Center. There is a high volume of pedestrian traffic from the Sound Transit parking garage on the west side of the BNSF railroad to the eastern railroad platform and bus transit. 6.A.a Packet Pg. 78 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 38 PROJECT #38: Kent Transit Center - Access, Mobility and Safety Improvements YEAR: 2026 DESCRIPTION: This project will create an eastbound right-turn lane on E James Street to Railroad Avenue North extending from 1st Avenue North to Railroad Avenue N. This project will also extend the eastbound bicycle facility on James Street that currently terminates approaching the 1st Avenue N intersection. In addition, improved pedestrian facilities are planned along the north and south sides of E James Street, improving mobility and safety for these users. PROJECT COST: Preliminary Engineering ............... $900,000 Equipment ............................... $1,000,000 Construction ............................ $2,500,000 TOTAL ................................... $4,400,000 Secured Funding ................................... $0 FUNDING SOURCE(S): King County METRO, Washington State Department of Transportation Regional Mobility Grant, Federal Railway Crossings (Section 130) grant. PROJECT JUSTIFICATION: This project will improve mobility for transit vehicles, bicyclists, and pedestrians accessing the Kent Transit Center (Kent Station) via E James Street. Kent Station serves as a vital transportation hub for south King County. In addition to Sound Transit (ST) Sounder service, a King County METRO or ST bus accesses the transit center once per minute during the peak periods. By 2040, a bus will access the transit center every 30 seconds during peak periods. In addition, voter approved ST 3 will increase Sounder service. East James Street in the vicinity of Kent Station has high congestion and low mobility during peak periods. Eastbound James Street approaching Central Avenue has large queues and poor level of service. E James Street has two eastbound travel lanes through the BNSF rail crossing. A short eastbound left and right turn lane approaching Central Avenue starts at Railroad Avenue N. Existing geometrics on East James Street west of Railroad Avenue N are constrained by the close proximity of the Washington Cold Storage Inc. building. Improved bicycle and pedestrian facilities in this area are needed. 6.A.a Packet Pg. 79 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 39 PROJECT #39: W James Street/W Smith Street Pedestrian Improvements YEAR: 2026 DESCRIPTION: The proposed project will improve the pedestrian and bicycling experience between the underutilized Kent/James Street Park & Ride and Kent Sounder Station. Improvements include pedestrian wayfinding, pedestrian lighting, and related safety improvements. PROJECT COST: Preliminary Engineering ............... $200,000 Right of Way Acquisition ........................ $0 Construction ............................. $900,000 TOTAL ................................... $1,100,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local Improvement District), Sound Transit System Access Funds, King County Metro PROJECT JUSTIFICATION: The pedestrian environment between the Kent/James Street Park & Ride and Kent Sounder Station lacks pedestrian wayfinding and lighting. Parking at Kent Station has a high utilization, while the Park & Ride is underutilized. The project will increase utilization of the Park & Ride, provide an alternative to congested parking areas near Kent Station, and improve the safety and pedestrian experience along the pedestrian route. 6.A.a Packet Pg. 80 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 40 PROJECT #40: Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal YEAR: 2027 DESCRIPTION: Construct new two-way separated bike lane on the south side of the street with on-street parking and roadway median improvements from 750 feet east of 64th Avenue S to Washington Avenue N. The project will narrow the roadway to 3 lanes with parking on both sides and include construction of raised median islands, raised buffer islands between the bike lanes and travel lanes, street lighting, landscaping, and pedestrian amenities. PROJECT COST: Preliminary Engineering ............... $900,000 Right of Way Acquisition .............. $100,000 Construction ........................... $9,000,000 TOTAL ................................. $10,000,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Economic and Community Development Placemaking Fund, Business and Occupation Tax, Traffic Impact Fees), Puget Sound Regional Council Grants (Transportation Alternatives Program, Non-Motorized Set-aside larger Jurisdiction) PROJECT JUSTIFICATION: Private development at 64th Avenue S and Meeker Street will construct the Meet Me on Meeker promenade along approximately 1,000 feet of property frontage west of the intersection. A separate project will construct the promenade improvements from the 64th Avenue S intersection to a point 750 east of the intersection. This project provides approximately 750 feet of two-way bikeway connection starting 750 feet east of 64th Avenue S and extending to Washington Avenue N. The project is in front of multiple fast-food restaurants. This project will improve the comfort and safety of active transportation users as well as the aesthetics and potential for long-term economic development along this important commercial corridor. 6.A.a Packet Pg. 81 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 41 PROJECT #41: S 212th Street Green River Bridge Rehabilitation YEAR: 2027 DESCRIPTION: Replace the existing finger expansion joints. The improvements would remove and replace the aged compression seals, steel sliding plate, and steel fingers, with a modern expansion joint on the west end of the bridge and remove and repair the flexible joint seals on the east end of the bridge. PROJECT COST: Preliminary Engineering ............... $200,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,100,000 TOTAL ................................... $1,300,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund), WSDOT Local Bridge Program PROJECT JUSTIFICATION: The S 212th Street, a major corridor connecting I-5 to SR 167 and SR 515, bisects the Kent MIC. This corridor is heavily used by commuters and commercial trucks. The S 212th Street Bridge spans the Green River. The current bridge is a three-span steel plate girder with a weathering steel and concrete deck and steel finger expansion joints. No major repairs have been performed on the bridge since its construction in 1966. Recent repairs include the filling of missing sections of poured flexible seal with crack sealant in several locations. In 2006, repairs were made to the concrete parapet and deck surface. Joint and steel rail repairs were made in 2010. In 2019, the average daily traffic (ADT) just west of the bridge is 21,600 with 19% trucks and an annual gross tonnage of just under 14 million. The annual gross tonnage makes the roadway a T-1 freight route on the WSDOT Freight and Goods Transportation System . Due to heavy vehicular and truck traffic, the deck surface substantially delaminated and spalled to the point that repairs were required in the summer of 2019. The S 212th Street Bridge has stringer supports with attached existing city utilities (8" sanitary sewer force main and 8" water main) and private utilities below the roadway decking that services businesses and residents on either side of the Green River in the City of Kent. 6.A.a Packet Pg. 82 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 42 PROJECT #42: S 212th Street – Green River Bridge (East) to 72nd Avenue South YEAR: 2027 DESCRIPTION: The S 212th Street project includes grinding, replacement of failing pavement sections and a full-width asphalt concrete pavement overlay of the entire roadway from Green River Bridge to 72nd Avenue S. Curb ramps will be upgraded as required to meet ADA standards. PROJECT COST: Preliminary Engineering ............... $206,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,140,000 TOTAL ................................... $3,346,000 Secured Funding ....................... $1,846,000 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax) PROJECT JUSTIFICATION: This project is located within the Kent MIC. The Kent MIC located between the ports of Seattle and Tacoma supports significant regional growth and development, with one of the highest concentrations of jobs in the region. The asphalt pavement on S 212th Street has reached a critical level of degradation, rated at 50 on the Pavement Condition Index--data collected in April of 2016. The road surface is heavily impacted by the high percentage of heavy vehicle traffic. Based on 2018 data, S 212th Street from W Valley Highway to Riverview Boulevard S is a T-1 in the WSDOT Freight and Goods Transportation System carrying more the 10 million tons of freight each year and S 212th Street from Riverview Boulevard S to Orillia Road S is a T-2. An overlay is necessary to prevent further costly damage that may require more extensive reconstruction of the roadway to this critical multimodal freight, bus, pedestrian and commuter corridor. 6.A.a Packet Pg. 83 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 43 PROJECT #43: W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection Improvements at 6th Avenue S YEAR: 2027 DESCRIPTION: Reduce the number of travel lanes on W Meeker Street from 4 lanes to 2 lanes plus Bicycle Level of Service Street (LTS) 1 bike lanes and construct pedestrian and bicycle improvements at the intersection with 6th Avenue. PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition ........................ $0 Construction ............................. $500,000 TOTAL ...................................... $600,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board PROJECT JUSTIFICATION: West of the project, private development and multiple city-led efforts along West Meeker Street will construct the Meet Me on Meeker promenade along over 1 mile of property frontage. This project will extend the Bicycle Level of Traffic Stress (LTS) 1 network further east into the downtown core, following the proposed Bicycle LTS network in the Transportation Master Plan. Improvements to the 6th Avenue S intersection would calm traffic and simplify the intersection, improving safety and comfort for both pedestrians and cyclists. This project would also improve pedestrian connections across the Union Pacific Railroad and support planned bicycle network connections to Gowe Street. 6.A.a Packet Pg. 84 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 44 PROJECT #44: SE 248th Street Improvements - 104th Avenue SE to 109th Avenue SE YEAR: 2027 DESCRIPTION: Improvements on SE 248th Street between 104th Avenue SE and 109th Avenue SE. The TMP calls for separate bicycle lanes, where feasible, on this segment of SE 248th Street. This segment will include 3 lanes with one being a center turn lane, bike lanes, and a five-foot landscape buffer between each sidewalk and bicycle lane. PROJECT COST: Preliminary Engineering ............... $600,000 Right of Way Acquisition .............. $300,000 Construction ........................... $6,000,000 TOTAL ................................... $6,900,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local Improvement District, Transportation Impact Fees), Economic Incentive Grants, Transportation Improvement Board PROJECT JUSTIFICATION: In support of future development, this area will be connected to the bicycle and pedestrian networks. Nearby pedestrian generators include Morrill Meadows Park, East Hill Park, Daniel Elementary School, and the YMCA. The project will include improved turning operations into these attractors. 6.A.a Packet Pg. 85 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 45 PROJECT #45: SE 248th Street Improvements - 109th Avenue SE to 116th Avenue SE YEAR: 2027 DESCRIPTION: Improvements on SE 248th Street between 109th Avenue SE and 116th Avenue SE. The TMP calls for separate bicycle lanes, where feasible, on this segment of SE 248th Street. This segment will include 3 lanes with one being a center turn lane, bike lanes, and a five-foot landscape buffer between each sidewalk and bicycle lane. PROJECT COST: Preliminary Engineering ............... $600,000 Right of Way Acquisition .............. $300,000 Construction ........................... $7,400,000 TOTAL ................................... $8,300,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local Improvement District), Economic Incentive Grants, Transportation Improvement Board PROJECT JUSTIFICATION: In support of future development, this area will be connected to the bicycle and pedestrian networks. Nearby pedestrian destinations include Morrill Meadows Park, East Hill Park, Daniel Elementary School, and the YMCA. The project will include improved turning operations into these attractors. 6.A.a Packet Pg. 86 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 46 PROJECT #46: E Willis Street (SR 516) and Central Avenue S (SR 516) Intersection Improvements YEAR: 2027 DESCRIPTION: Improve the intersection of E Willis Street and Central Avenue S to provide a right turn lane from southbound on Central Avenue South to westbound E Willis Street. Project includes sidewalk, curb and gutter replacement and improvements to traffic signal system. Although there are no bicycle facilities planned at the E Willis Street and Central Avenue S intersection, this project must be assessed with respect to the “complete streets” requirements. PROJECT COST: Preliminary Engineering ............... $100,000 Right of Way Acquisition .............. $200,000 Construction ............................. $400,000 TOTAL ...................................... $700,000 Secured Funding ......................... $168,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fee) PROJECT JUSTIFICATION: This project will provide a much-needed improvement to the southbound traffic flow at Willis Street (SR 516) by providing a dedicated right turn lane. 6.A.a Packet Pg. 87 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 47 PROJECT #47: Central Avenue - Traffic Signal Communication YEAR: 2027 DESCRIPTION: The project will implement the communication connection between the Burlington Northern Santa Fe Railway (BNSF) rail corridor and the traffic signals along Central Avenue to allow area signals the ability to adjust signal timing in anticipation of, during, and after train events. In addition, signals along the Central Avenue corridor, from S 259th Street through S 212th Street, will be upgraded to use this interconnection. Signal upgrades may utilize newer technology such as adaptive signal control systems, transit signal priority, and other intelligent transportation systems applications in traffic signal control. Additional signals adjacent to at-grade rail crossings may also be upgraded to take advantage of the new communication connections. PROJECT COST: Preliminary Engineering ............. $1,500,000 Equipment ................................. $300,000 Construction ............................ $4,300,000 TOTAL ................................... $6,100,000 Secured Funding ................................... $0 FUNDING SOURCE(S): King County METRO, Washington State Department of Transportation’s Regional Mobility Grant PROJECT JUSTIFICATION: This project will improve mobility for transit vehicles and motorists in the vicinity of the Kent Transit Center along the Central Avenue corridor, from S 259th Street through S 212th Street. A King County METRO or Sound Transit bus accesses the transit center once per minute during the peak periods. By 2040, a bus will access this regional transit center every 30 seconds during peak periods. Downtown Kent, along the Central Avenue corridor, experiences poor level of service due to heavy congestion affecting movements from multiple directions. There are more than 60 daily trains on the BNSF corridor adjacent to Central Avenue. With no downtown grade-separated rail crossings, the volume of daily rail crossing events contributes to the congested conditions. Today, the traffic signal system cannot communicate signal timing modifications to manage changes in traffic patterns during or after a train event. 6.A.a Packet Pg. 88 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 48 PROJECT #48: Midway Subarea TOD Streets – S 244th Street and 32nd Avenue S YEAR: 2027 DESCRIPTION: Construct two new transit oriented design (TOD) streets including sidewalks and bike lanes in the Midway area near the future Kent- Des Moines Link Light Rail Station. The project includes the new 32nd Avenue S and a new segment of S 244th Street from S 240th Street to Pacific Highway South (SR 99). These will be complete streets supportive of transit-oriented development envisioned in the Midway Subarea Plan adopted in 2011. PROJECT COST: Preliminary Engineering ............... $800,000 Right of Way Acquisition ............ $1,700,000 Construction ........................... $4,700,000 TOTAL ................................... $7,200,000 Secured Funding……………………………………….. $0 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax, Transportation Impact Fees), City of Kent Drainage Funds PROJECT JUSTIFICATION: This project will support the vision of the Midway Subarea Plan including Transit Oriented Development near the future Link Light Rail Station at 30th Avenue S and S 236th Street, anticipated to open in 2024. 6.A.a Packet Pg. 89 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 49 PROJECT #49: 132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street YEAR: 2028 DESCRIPTION: A continuous pedestrian facility will be constructed along the west side of 132nd Avenue SE from SE 240th Street to SE 228th Place. Sidewalk treatments will include a combination of asphalt path, concrete sidewalk, and curb separated sidewalk adjacent to the roadway where appropriate. This project continues Phase I and Phase II improvements that were funded by TIB grants awarded in 2016 and 2017. A continuous pedestrian facility now exists from SE 240th - SE 272nd. PROJECT COST: Preliminary Engineering ............... $200,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,000,000 TOTAL .................................. $1,200,000 Secured Funding………….…. ..................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, Transportation Improvement Board (TIB) PROJECT JUSTIFICATION: 132nd Avenue SE is designated as a minor arterial roadway, with 5 vehicle lanes, bicycle lanes, sidewalks and landscaping planned at build-out. This roadway has been widened at various locations based on development of adjacent parcels. Due to budgetary constraints this roadway will not be completed in the near term; however, the desire to improve pedestrian access necessitates moving ahead with the walking path. 6.A.a Packet Pg. 90 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 50 PROJECT #50: SE 248th Street at 116th Avenue SE Roundabout YEAR: 2028 DESCRIPTION: Construct a roundabout at SE 248th Street and 116th Avenue SE for capacity and traffic safety improvements. This project must be assessed with respect to the “complete streets” requirements. The 2020 TMP calls for bicycle lanes east and west of this intersection on SE 248th Street. PROJECT COST: Preliminary Engineering ............... $400,000 Right of Way Acquisition .............. $700,000 Construction ........................... $2,700,000 TOTAL ................................... $3,800,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local Improvement District, Transportation Impact Fees), Transportation Improvements Board, WSDOT City Safety Program (Federal Highway Safety Improvement Program) PROJECT JUSTIFICATION: This project will improve the operation and safety of this busy intersection and support future growth in the area. In addition, lifecycle costs will be lower than a traffic signal. 6.A.a Packet Pg. 91 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 51 Plan #1: Central Avenue Plan YEAR: 2028 DESCRIPTION: The City will complete a study of Central Avenue from SR-167 to Willis Street to develop a vision for the future of the corridor. The study will look at transportation needs, including bike and pedestrian needs to promote economic development based in future land use. PROJECT COST: Consultant ................................ $600,000 In-House Staff ........................... $125,000 TOTAL ...................................... $725,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Washington State Department of Transportation Local Programs, Highway Safety Improvement Program and Hazard Elimination Program Pedestrian and bicycle program from WSDOT, Private Developers, PSCR? PROJECT JUSTIFICATION: During the public outreach process of the Transportation Master Plan, a study to re-envision Central Avenue was identified. Central Avenue is a critical connection in the heart of Kent that performs many essential duties within the transportation network. It is a heavily used commuter route between SR 167 and the downtown core and a critical connection between Downtown and the MIC. Central Avenue is a Principal Arterial that currently provides access for many businesses, residential properties, and a park, but also serves area freight, transit, commuters, and local bike and pedestrian trips. A study is needed to determine the future of Central Avenue as a corridor that continues to balance all these competing functions and or seeks to prioritize some more than others to achieve better outcomes. 6.A.a Packet Pg. 92 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 52 Plan #2: Greenways Plan YEAR: 2028 DESCRIPTION: The Greenways Plan is a citywide plan to create bike boulevard and greenway routes on local and low – volume streets with signage, markings and traffic calming strategies as needed. PROJECT COST: Consultant ................................ $600,000 In-House Staff ........................... $125,000 TOTAL ...................................... $725,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Washington State Department of Transportation Local Programs and Pedestrian and bicycle program from WSDOT. PROJECT JUSTIFICATION: The Greenways Plan was identified by the interdepartmental working group to promote active modes of transportation. Several Greenway projects are included in the Transportation Master Plan and more have been requested by the Kent Bicycle Advisory Board. What is lacking is a comprehensive planning effort to plan and connect Greenway routes to popular origins and destinations, essential services, and other bicycle infrastructure throughout the City so that such a facility is within easy reach for all Kent residents. 6.A.a Packet Pg. 93 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 53 Program #1: Street and Sidewalk Preservation and Repair Program Ongoing Citywide Program YEAR: 2023 - 2028 DESCRIPTION: Preserve the existing transportation system by resurfacing the existing asphalt and concrete streets throughout the City. Reconstruct sidewalks as related to curb ramp upgrades consistent with ADA. The project limits must be assessed in accordance with the “complete streets” requirements. PROJECT COST: Preliminary Engineering ........... $17,991,000 Right of Way Acquisition ............ $1,286,000 Construction ....................... $109,227,000 TOTAL ............................... $128,504,000 Secured Funding ..................... $38,400,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Solid Waste Utility Tax), Surface Transportation Program PROJECT JUSTIFICATION: The City assessed the condition of its street network in 2016. Many of the streets exhibit deficiencies that reflect they are beyond their expected performance life and are in need of a maintenance or rehabilitation overlay, or some amount of reconstruction. This preservation work also requires curb ramps and sidewalks be made accessible to persons with disabilities, according to the ADA. This program constructs and repairs the City’s sidewalks and begins to address the pedestrian improvements identified in the Transportation Master Plan. 6.A.a Packet Pg. 94 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 54 Program #2: Traffic Signal Management Program Ongoing Citywide Program YEAR: 2023 - 2028 DESCRIPTION: Preserve the existing traffic control signal and intelligent transportation systems through preventative maintenance and lifecycle hardware replacement. Review and adjust traffic signal timing to optimize intersection efficiency. PROJECT COST: Preliminary Engineering ............... $726,000 Right of Way Acquisition ........................ $0 Construction ........................... $4,356,000 TOTAL ................................... $5,082,000 Secured Funding ....................... $3,750,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax) PROJECT JUSTIFICATION: The City maintains an extensive traffic control system that includes 118 traffic signals, one pedestrian hybrid beacon, 10 pedestrian activated crosswalk beacons, 29 traffic cameras, and a large traffic signal communications system. These systems require routine preventative maintenance to operate safely and efficiently. 6.A.a Packet Pg. 95 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 55 Program #3: Channelization and Pavement Markings Maintenance Program Ongoing Citywide Program YEAR: 2023 - 2028 DESCRIPTION: Refresh and replace pavement markings including paint, thermoplastic, and raised pavement markers throughout the City to separate and regulate conflicting traffic movements, define paths of travel, and facilitate safe and orderly movement on City streets. PROJECT COST: Preliminary Engineering ............... $872,000 Right of Way Acquisition ........................ $0 Construction ........................... $4,937,000 TOTAL ................................... $5,809,000 Secured Funding ....................... $2,575,000 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax) PROJECT JUSTIFICATION: This ongoing program maintains roadway channelization throughout the City. The City has approximately 1,700,000 linear feet (LF) of channelization striping, 450,000 raised pavement markers, 22,012 LF of access control curb and 7,200 LF of painted access control curb. Roadway channelization helps to reduce conflict points and direct motorists through areas of complexity. This project preserves the capacity and efficiency of the existing roadway system. 6.A.a Packet Pg. 96 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 56 Program #4: Guardrail Improvement Program Ongoing Citywide Program YEAR: 2023 - 2028 DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering ................. $73,000 Right of Way Acquisition ........................ $0 Construction ............................. $726,000 TOTAL ...................................... $799,000 Secured Funding ................................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax), Highway Safety Improvement Program and Hazard Elimination Program PROJECT JUSTIFICATION: This project is mandated for compliance with Federal and State regulations and the requirement to mitigate potentially hazardous roadway conditions. 6.A.a Packet Pg. 97 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 57 Program #5: City Safety Program Ongoing Citywide Program YEAR: 2023 - 2028 DESCRIPTION: Make various safety improvements throughout the City each year to enhance safety for all road users. PROJECT COST: Preliminary Engineering ............... $492,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,778,000 TOTAL ................................... $3,270,000 Secured Funding ................................... $0 FUNDING SOURCE(S): (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax, Transportation Impact Fees), Washington State Department of Transportation Local Programs, Transportation Improvement Board, Highway Safety Improvement Program and Hazard Elimination Program PROJECT JUSTIFICATION: This project will implement the recommendations of the Local Roadway Safety Plan by installing safety countermeasures and improvements systemically throughout the City in multiple prioritized locations. 6.A.a Packet Pg. 98 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) 58 CITY OF KENT, WASHINGTON 2023 – 2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM For more information or additional copies of this document contact: Rob Brown, PE Transportation Engineering Manager City of Kent, Public Works, Engineering 400 West Gowe Street Kent, WA 98032-5895 Office 253-856-5571 RBrown@KentWA.gov 6.A.a Packet Pg. 99 Attachment: 2044 - TIP 2023_2028 Resolution (3159 : Public Hearing on the 2023-2028 Transportation Improvement Program - Adopt) Pending Approval City Council Workshop Workshop Regular Meeting Minutes May 3, 2022 Date: May 3, 2022 Time: 5:02 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Excused Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Transportation Sustainability Update Rob Brown Bill Thomas 90 MIN. Street and Vegetation Manager, Bill Thomas reviewed Public Works Transportation 2021 completed projects, including: Meet Me on Meeker - Russell Rd - GRE Lake Fenwick Road - Chip Seal 212th and 208th Street projects Thomas reviewed residential area completed projects, 2021 paving by City staff and pavement resurfacing/repaving. 2022 projects include: South 212st Street - Green River Bridge to Orillia, the pavement preservation work plan and 2022 paving by City staff. Future projects include: South 196th UPRR Spur track to East Valley Hwy 116th and South 277th chip seal 84th Ave S Central Ave to James S. 84th Ave S and 212th Street - overlay Principal Arterial Streets have a life cycle is approx. 12-15 years Minor arterial streets life cycle is approx. 15 years Residential Collector Streets - life cycle approx. 15-20 years life span Residential streets life cycle is approx. 25 years 8.A.1 Packet Pg. 100 Minutes Acceptance: Minutes of May 3, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes May 3, 2022 Kent, Washington Page 2 of 3 Pavement Condition index is how City grades the roads. Thomas reviewed the project pavement condition indexing map. Thomas provided specific information on potholes, concrete roads, sidewalk inspections and monitoring, crack sealing, line striping and raised pavement markings. Thomas went into the guardrail annual maintenance needs in addition to signs and markings - lifespan, maintenance and cleaning and provided an overview of the workplan to replace signs. Thomas talked about annual maintenance to the City’s 21 bridges and discussed the City's street tree program. Transportation Engineering Manager, Rob Brown covered: Traffic Safety - reviewed average crashes each year on City streets Reviewed 2020 crash statistics Reviewed grants applied for in 2020 - 4 pedestrian bicycle safety grants and 2 safe routes to schools grants The Local Road Safety Plan is a data-based crash analysis and focuses on analysis of serious and fatal injury crash data over the previous 5 years - used for specific spot locations and city-wide systemic identifications. The City is required to have a Plan in order to qualify for safety grants from PCRC and WSDOT safety grants. Brown reviewed the Residential Traffic Calming Program that focuses on neighborhood livability and provided examples of traffic calming projects throughout the City. Brown reviewed the City’s work on the Americans with Disabilities Act Transition Plan for the Public Right-of-Way and also discussed related improvements. Details were provided regarding the City’s traffic signal system that includes: traffic signals, flashing beacons, school zone flashers and radar speed signs. The traffic signal system inventory map was reviewed. Brown reviewed traffic signal maintenance and repair that included: Annual parts Auto collisions Storm damages Overall aging system. 8.A.1 Packet Pg. 101 Minutes Acceptance: Minutes of May 3, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes May 3, 2022 Kent, Washington Page 3 of 3 Information was provided regarding Traffic signal pole maintenance, repair and replacement, span wire traffic signals, traffic signal controllers, uninterruptable Power Supply Cabinet Installation, traffic signal timing, traffic signal communication, traffic cameras and traffic loops. Brown touched on street light maintenance and replacement, graffiti removal, tree trimming and brush cutting around traffic system, copper wire theft and decorative right-of-way lighting. Brown talked about the City’s Transportation Master Plan that was adopted last year. The Transportation Master Plan feeds into the Transportation Improvement Program. Brown closed his presentation with providing statistics on the volumes of traffic on the freeways around the area from 2019 - 2022. Meeting ended at 6:28 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 102 Minutes Acceptance: Minutes of May 3, 2022 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes May 3, 2022 Date: May 3, 2022 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. Changes from Council, Administration or Staff 1. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Assistant City Attorney, Christina Schuck as the City's May employee of the month. 2. Proclamation for Kerry Thomsen Day Mayor Ralph presented the Proclamation for Kerry Thomsen Day, in recognition of Kerry Thomsen's 50th anniversary with Ivar's, becoming only the 2nd employee in the company's 85 years of operation to earn 50 years of tenure, and in recognition of Kerry's contributions to the Kent community. 8.A.2 Packet Pg. 103 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 2 of 11 Kerry expressed his appreciation of the proclamation. 3. Proclamation for National Correctional Officer's Week Mayor Ralph presented the Proclamation for National Correctional Officer's Week to City of Kent Corrections Commander Diane McCuistion and called upon all residents of Kent and upon all patriotic, civic and educational organizations to observe the week of May 1st through 7th, 2022 as National Correctional Officer's Week in commemoration of correctional officers and employees who deserve recognition for their service and should be commended by leaders in the profession and the public for the tremendous job they do and exceptional performance of duties under the most difficult of circumstances. 4. Proclamation for Bike Everywhere Month Dana Ralph, Mayor of Kent, proclaimed May 2O22 as Bike Everywhere Month In Kent Washington and called upon the people of the city to support this observance by riding their bicycles everywhere, while educating and encouraging others to utilize this mode of travel. Wendy Graves, a member of the Kent Bicycle Advisory Board, accepted the Proclamation and invited everyone to attend the upcoming Bike rodeo at the YMCA. 5. Proclamation for Small Business Week Mayor, Dana Ralph presented the Proclamation for Small Business Week to Kent Chamber of Commerce board members and proclaimed May 1st through 7th, 2022 to be Small Business Week in Kent, Washington and urged the residents of our community, and communities across the country, to support small businesses and merchants during Small Business Week and throughout the year. A Kent Chamber board member accepted the proclamation and invited the public to attend the May 19th annual business expo at the accesso Showare Center. B. Community Events Council President Boyce announced upcoming events at the accesso ShoWare Center and invited the public to attend events. Councilmember Fincher advised of May 14th Team up to Clean Up events. Visit Kentwa.gov for information. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph advised the Puget Sound Regional Council Executive Board passed the Regional Transportation Plan. 8.A.2 Packet Pg. 104 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 3 of 11 Mayor Ralph recently spoke to students at Kent Meridian High School about jobs in environmental work and followed up with a tour of the City’s Downey Farmstead project. Mayor Ralph attended the Education and Workforce Summit at the accesso ShoWare Center where hundreds of employers shared opportunities and resources to help students develop a career path. Mayor Ralph toured the Washington Shoe Company that has been in business for 131 years. B. Chief Administrative Officer's Report Interim Chief Administrative Officer, Pat Fitzpatrick advised his written report is in today’s agenda packet and there is no executive session tonight. C. Councilmembers' Reports Council President Boyce serves as the chair of the City’s Operations and Public Safety Committee and provided an overview of today’s agenda items. Council President Boyce serves as the chair of the City Council Workshop and provided an overview of today’s transportation presentations. Councilmember Kaur serves on the AWC nominating committee that will be conducting interviews for open positions. Councilmember Kaur serves on K4C that recently held a workshop on grant programs. Councilmember Kaur serves as the chair of the Sound Cities Association Growth Management Planning Council that recently received a brief legislative update from the Washington State Department of Commerce, in addition to an update from the Affordable Housing Committee. Councilmember Troutner serves as vice chair of the Sound Cities Association Regional Transit Committee - Metro is working on their fare collection system and also updating to a cashless system. Metro is also moving its fleet to a zero emissions program. Councilmember Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Oversight Committee who are continuing to discuss adding programs utilizing underspending through the pandemic. There was also a discussion regarding Sound Generations intervention program - the Geriatric Reassessment Team. Call sound Generations 206-448-5730 for more information. 8.A.2 Packet Pg. 105 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 4 of 11 Fincher serves on the Kent Arts Commission and announced the new Kent Creates art contest is “Here comes the sun,” that runs through June 30th. Councilmember Fincher serves as the chair of the City’s Public Works Committee and provided a recap of Monday’s meeting that included a presentation on the Transportation Improvement Program. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT T.J. Petersen, a Kent resident, provided public comment in support of the tiny home village. Sally Ross, a Kent resident and vice president of the Wildberry homeowner’s association and neighborhood council provided public comment in opposition of the tiny home village and in opposition of a code amendment. Steve Vargas, a Kent resident, and requested the City pause acting on allowing tiny home villages. Vargas provided comment regarding safety concerns relating to tiny home villages and homeless encampments. Jeanette Burrage, a Kent resident, provided public comment in opposition of tiny homes. Burrage talked about safety and that allowing tiny homes is not fair and equitable. Theodore Reinhart, a Kent resident, provided public comment in opposition of the tiny home village proposal. Reinhart expressed concerns over the lack of information and concerns over funding. Dennis Casadoro, a Kent resident, a resident of Westview Meadows, provided public comment in opposition of the tiny home village and expressed concerns over the lack of information provided to surrounding residents. Van Hurst, a Kent resident, provided public comment regarding the funding the City provides to the Seattle Thunderbirds and accesso ShoWare Center. Rachael Robinett, a Kent resident, provided public comment in favor of the tiny home village. Wendy Whitaker, a Kent resident, provided public comment and asked the Council to put the tiny home village proposal on hold until a complete support system can be put in place to support the residents of the village. Patricia Gray, a Kent resident, spoke in support of the tiny home village. 8.A.2 Packet Pg. 106 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 5 of 11 Perry Sobolik, a Kent resident, spoke in support of the tiny home village. Kyle Lyebyedyeu, a Kent resident, spoke in opposition of the tiny home village concept. Darryl Jones, a Tacoma resident, spoke in opposition of the tiny home village that would be managed by LIHI. Jones talked about security at tiny home villages. Tanveer Sangha, a Kent resident in a neighborhood next to the proposed tiny home village. Sangha spoke in opposition of the tiny home village and talked about safety, the lack of communication and concerns over the proposed location of the tiny home village. Don Kelts, a Kent resident, spoke in opposition of the tiny home village. Frank Kulawiak, a Kent resident expressed concerns over the monitoring of the residents of a tiny home village. Joshua Halbert, a Kent resident, spoke in opposition of the tiny home village concept and asked the Council to take the time to make the decision. Sean Klos, a Kent resident, spoke in opposition of the tiny home village and asked the Council to slow down and gather all of the facts prior to making this decision. Martin Piszkiewicz, a Kent resident, spoke in support of the tiny home village. Panoj Kumar, a Kent resident, spoke in opposition of the tiny home village. Rebecca Riffle, a Kent resident, spoke in support of the tiny home village Inderjit Singh, a Kent resident, spoke in opposition of the tiny home village and his concerns that the parents at the preschool have not been informed of the tiny home village concept. Charles Howard, a Kent resident, spoke in opposition of the tiny home village and expressed concerns over crime in the area. Jamie Nelson, a Kent resident, spoke in opposition of the tiny home village and expressed concerns over the lack of communications to the members of St James and the neighborhood. Nelson asked for this proposal to go before the Hearing Examiner and asked for enforceable provisions. Josh Castle, a resident of Tukwila and works for LIHI. Castle encouraged the 8.A.2 Packet Pg. 107 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 6 of 11 public to read the Guardian article on crime in the area of tiny home villages. Rev. Dr. Joyce Parry-Moore, a Kent resident and Rector at St. James Episcopal Church, spoke in support of the tiny home village. Agaiotupu Viena, a Kent resident and Deputy Director at Utopia, spoke in support of a tiny home village in Kent. Peter Ostrander, an Auburn resident and Minister of Community Engagement at St. James. Ostrander spoke in support of the tiny home village. Jacquelyn Blankinship, a Kent resident, spoke in support of the tiny home village. Tye Whitfield, a Kent resident, expressed concerns over the Council not taking action now on the tiny home village concept. Ankita Goel, a Kent resident, spoke in opposition of the tiny home village and asked the City to reconsider the location of the village. 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 19, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 19, 2022 7:00 PM B. Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 4/15/22 and paid on 4/15/22 and approve the checks issued for payroll from 4/1/22-4/15/22 and paid on 4/20/22, all audited by the Operations and Public Safety Committee on 4/19/22. C. FlexFund – ARPA Funds - Grant Agreement with National Development Council - Authorize 8.A.2 Packet Pg. 108 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 7 of 11 MOTION: I move to authorize the Mayor to sign a grant agreement with National Development Council, providing $1,650,000 in federal American Rescue Plan Act funds to Kent small businesses and non-profits adversely affected by the Covid-19 pandemic, subject to final agreement terms and conditions acceptable to the Economic and Community Development Director and City Attorney. D. OMNIA Partners, Public Agencies, Cooperative Agreement - Kronos Incorporated, Telestaff Workforce Management Software - Authorize MOTION: I move to authorize the City’s Information Technology Department to purchase products and services through Kronos Incorporated under the terms of Cooperative Purchasing Agreement #18220 Cobb County, Georgia entered into on March 18, 2019, through the OMNIA Partners, Public Agencies cooperative current, through March 17, 2023, or such later contract term as the cooperative may negotiate, if those purchases are within the City’s established budget, and ratify all prior acts consistent with this motion. E. CDW-G Cooperative Agreement - Computer Laptops, Monitors and Associated Accessories Purchase - Authorize MOTION: I move to authorize the City’s Information Technology Department to purchase technology supplies, materials, equipment, and software through cooperative purchasing agreement #AEPA-0022-G between CDW Government, LLC and the King County Directors’ Association, if those purchases are within established budgets and made during the term of the cooperative agreement, which is currently in effect through February 28, 2023, but may be extended through February 28, 2026, or later. F. Consultant Services Agreement with KBA, Inc. for the Rock Creek Culvert Project - Authorize MOTION: I move to authorize the Mayor to sign the consultant services agreement with KBA, Inc. in the amount of $206,771.00, for contract administration, management, quality control and inspection on the Summit Landsburg Road and Rock Creek Culvert Replacement project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. G. Federal Way Link Extension Station Naming Resolution - Adopt 8.A.2 Packet Pg. 109 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 8 of 11 MOTION: I move to adopt Resolution No. 2043, recommending the Sound Transit Board name the light rail station adjacent to 30th Avenue South “Kent Des Moines Station” and the station adjacent to South 272nd Street “Star Lake Station.” H. 76th Avenue S - North Segment Project - Utility Easement and Temporary Construction Easement - Authorize MOTION: I move to authorize the Mayor to sign all documents necessary to acquire a Utility Easement and three Temporary Construction Easements on portions of property owned by Blue Properties LLC, located at 21218 76th Ave. S. for an amount not to exceed $75,464.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9. OTHER BUSINESS A. Consideration of Whether to Direct Staff to Prepare a Zoning Code Amendment that would Allow Tiny Home Villages in Kent, and if so, in Which Zoning Districts Council President Boyce spoke in support of the motion. Boyce talked about the discussion the Council had during its February retreat. The Council discussed yearly plans agreed the staff could not take on additional work. During that retreat, Councilmember Fincher asked for a workshop presentation from LIHI to update the Council on their work. The Council scheduled a workshop. Boyce visited a tiny home village in Seattle to educate himself on the concept. LIHI gave a presentation to the Council during the May 4, 2022 Workshop. To the surprise of Council President Boyce, the PowerPoint presentation included a slide indicating the Council was going to vote to approve the tiny home village. Boyce advised the Council does not take action during workshops. This caused residents to be upset. Boyce indicated there is a process for the City to follow and it takes 3-6 months to implement a proposal. Boyce strongly believes the best approach is to look at this issue from a holistic, citywide approach. Boyce is about process and indicated the City will do it the right way and make it a part of the comprehensive plan. The entire city will have an opportunity to provide input on what we want the city to look like. 8.A.2 Packet Pg. 110 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 9 of 11 Boyce indicated the Council cares about homeless and is not against tiny homes. Boyce thanked the public for all of the emails and comments. Kaur expressed appreciation for everyone sending emails and coming to the meeting to speak and requested everyone stay engaged and participate. Kaur spoke in support of the motion and indicated that while this is a great concept, the City needs to look at the whole picture. Kaur indicated the workshop was supposed to be an information session. The homelessness crisis is something that needs to be solved strategically. Fincher spoke in support of the motion and agreed this should be part of the comprehensive plan. She wants to spend the next two years educating the public and is interested in obtaining wrap around services. Larimer spoke in support of the motion and also advised she supports the project for LIHI and St James that would include strict criteria for a clean, sober, high-barrier village. Councilmember Troutner spoke in support of the motion and does not support the current project at St. James. Troutner is the chair of the City’s Economic and Community Development Committee and advised of the current work on the Kent Housing Option Plan. Troutner expressed appreciation of the residents for engaging with the Council on this topic. Councilmember Thomas spoke in support of the motion and advised he would like to follow the standard process. Councilmember Michaud spoke in support of the motion and thanked everyone for speaking and sending emails. Michaud indicated the City should make this part of the Comprehensive Plan with property public outreach and opportunities for input. Michaud indicated she cannot support this project without the resident’s support. Michaud indicated there are good people working behind this and expressed appreciation for the extensive work from Tye Whitfield. 8.A.2 Packet Pg. 111 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 10 of 11 MOTION: I move to direct staff to review housing available for all income levels, including all forms of transitional housing, permanent supportive housing, indoor emergency shelters, indoor emergency homes, as part of the City's Comprehensive Plan process for Council to consider in 2024. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 10. BIDS A. South 212th Street Preservation Project (Green River Bridge to Orillia Road) Bid - Award Public Works Director Chad Bieren provided details on the South 212th Street Preservation Project, from the Green River Bridge to Orillia Road, and recommended awarding to Lakeside Industries, Inc. MOTION: I move to award the South 212th Street Preservation Project, from the Green River Bridge to Orillia Road, to Lakeside Industries, Inc. in the amount of $1,380,875 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud B. 2022 Asphalt Overlays Project Bid - Award Public Works Director, Chad Bieren provided details on the 2022 Asphalt Overlays Project and recommended awarding to Lakeside Industries, Inc. MOTION: I move to award the 2022 Asphalt Overlays Project to Lakeside Industries, Inc. in the amount of $3,851,364 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 112 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes May 3, 2022 Kent, Washington Page 11 of 11 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 9:32 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 113 Minutes Acceptance: Minutes of May 3, 2022 7:00 PM (Approval of Minutes) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 4/30/22 and paid on 4/30/22 and authorize the checks issued for payroll 4/16/22-4/30/22 and paid on 5/5/22, all audited by the Operations and Public Safety Committee on 5/3/22. SUMMARY: Approval of payment of the bills received through:04/30/22 and paid 04/30/22 Approval of checks issued for Vouchers: Date Amount 04/30/22 Wire Transfers 9180 9199 $2,263,405.93 04/30/22 Regular Checks 760754 761117 $4,548,185.48 04/30/22 Payment Plus 104119 104162 $230,310.66 Void Checks $0.00 Void Payment Plus ($35,991.26) 04/30/22 Use Tax Payable $1,830.25 Total Accounts Payable:$7,007,741.06 Approval of checks issued for Payroll:04/16/22-04/30/22 and paid 05/05/22 Date Amount 05/05/22 Checks $2,036,386.48 Voids and Reissues $0.00 05/05/22 Advices FR&P 463360 463368 $7,163.89 Total Payroll:$2,043,550.37 Document Numbers Document Numbers SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 05/03/22 Operations and Public Safety Committee MOTION PASSES 8.B Packet Pg. 114 RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 8.B Packet Pg. 115 DATE: May 17, 2022 TO: Kent City Council SUBJECT: Appointment to Civil Service Commission - Confirm MOTION: I move to confirm the Mayor’s appointment of Pauline Thomas to an initial six-year term on the Civil Service Commission that will begin on May 1, 2022 and end on April 30, 2028. SUMMARY: The civil service commission is for all full-time law enforcement, police officer, and civilian employees of the police department and is composed of three members who are appointed by the Mayor and confirmed by the Council. Staff conducted an extensive recruitment process that included: promotion on the City’s website; notification of the opportunity through the City’s social media sites; and notification via email to applicants for other boards and commissions. No applications were received. Pauline Thomas has served on the commission since 2004 and when asked if she would consider continuing her service on the commission, she agreed. Pauline has been dedicated to serving on this commission for many years and has a long history of serving in the Kent community. Pauline’s institutional knowledge regarding this commission will greatly benefit the commission. Members must be citizens of the United States, have been a resident of Kent for three years prior to appointment, be electors of King County, and no more than two members may be adherents of the same political party. Staff has confirmed that Pauline Thomas meets of these criteria. I am pleased to recommend the appointment of Pauline Thomas to the Civil Service Commission for a six-year term beginning May 1, 2022 and ending April 30, 2028. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.C Packet Pg. 116 DATE: May 17, 2022 TO: Kent City Council SUBJECT: Lodging Tax Grant Applications & Funding Levels as Recommended by the Lodging Tax Advisory Committee - Approve MOTION: I move to authorize the Council award a total of $200,000 to the 2022 Lodging Tax Advisory Grant Applicants at funding levels identified by the Lodging Tax Advisory Committee. SUMMARY: The March 2022 funding cycle is to support events occurring in 2022 and 2023. Lodging tax revenues returned to the City which generated them are to be utilized to promote business and leisure travel. Special to Fiscal Year 2022, The Kent City Council approved the allocation of federal ARPA funds to restore city revenues lost due to pandemic related impacts. This has provided funding capacity comparable to pre-pandemic years with normal lodging tax revenue receipts. Individual grant applications and funding levels were discussed last month by the Lodging Tax Advisory Committee and their recommendations are summarized in a table offered here as an exhibit. Awardees will receive 50% of the awarded funds up front, with the remainder awarded at the project conclusion in either 2022 or 2023. BUDGET IMPACT: No impact to City’s general fund budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. March 2022 Lodging Tax Operating Report (PDF) 2. LTAC Recommendations Summary Table (PDF) 04/14/22 Lodging Tax Advisory Committee RECOMMENDED TO COUNCIL 8.D Packet Pg. 117 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/9/2022 4:00 PM MOVER: John Casey SECONDER: Gaila Haas, Executive Director AYES: Bill Boyce, John Casey, Gaila Haas, Andrew Hutchison 05/09/22 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Toni Troutner, Committee Chair AYES: Toni Troutner, Marli Larimer, Zandria Michaud 8.D Packet Pg. 118 2018 2019 2020 2021 2022 2022Actual Actual Actual Prelim Adj Budget YTDBeginning Fund Balance457,556 336,486 185,546 73,398 128,930 128,930 RevenuesLodging Tax 312,813 306,055 155,591 222,759 296,930 45,143 Transfer In - General Fund285,000 285,000 Interest Income 7,682 8,533 2,793 (1,508) 810 332 Total Revenues320,495 314,588 158,384 221,252 582,740 330,474 ExpendituresProjects & Events 423,868 455,202 205,148 136,500 485,000 - Allocations 17,698 10,325 65,384 29,220 24,050 3,522 Total Expenditures441,566 465,527 270,532 165,720 509,050 3,522 Change in Fund Balance (121,071) (150,940) (112,148) 55,532 73,690 326,953 Ending Fund Balance 336,486 185,546 73,398 128,930 202,620 455,883 Finance Policy: $50,000 minimum fund balanceLodging Tax Operating Fund ReportMarch 31, 20228.D.aPacket Pg. 119Attachment: March 2022 Lodging Tax Operating Report (3111 : Lodging Tax Grant Applications & Funding First Quarter2021 2022 2021 2022 2021 2022 2021 2022RevenuesLodging Tax11,155 14,246 3,091 27.7%11,429 - 5,688 - 28,273 14,246 (14,027) -49.6%Transfer In285,000 285,000 - 285,000 285,000 Interest Income197 68 (129) -65.5% 65 52 (13) -19.7% 39 211 172 443.4% 301 332 30 10.1%Total Revenues11,352 14,314 2,962 26.1% 11,495 285,052 273,558 2379.9% 5,727 211 (5,516) -96.3% 28,574 299,578 271,003 948.4%Total Expenditures6,599 1,171 (5,428) 29,103 1,176 (27,928) 6,601 1,175 (5,426) 42,304 3,522 (38,782)Lodging TaxNet Revenues4,753 13,143 8,390 176.5% (17,609) 283,877 301,485 -1712.1% (874) (964) (90) 10.3% (13,729) 296,056 309,785 -2256.4%Month of OccupancyRevenue To City2019 2020 2021 2022Percent VarianceNovember January18,304 17,381 10,625 15,985 50.4%December February16,576 17,708 9,541 14,912 56.3%January March18,600 19,555 11,155 14,246 27.7%February April18,373 11,429 11,141 -100.0%March May22,597 5,688 13,698 -100.0%April June22,730 12,244 16,336 -100.0%May July25,927 16,925 17,850 -100.0%June August36,190 14,750 22,015 -100.0%July September36,503 13,638 26,950 -100.0%August October38,724 14,843 28,082 -100.0%September November28,219 13,211 24,644 -100.0%October December23,103 13,142 19,992 -100.0%Year End Adjustment209 (14,923) 10,731Total YTD 306,055 155,591 222,759 45,143Lodging Tax RevenueLodging Tax Operating Fund 2022 vs. 2021 Comparison by Month Using Month of Tax Revenue ActivityIncrease / (Decrease)Jan Activity (March Tax Receipts) February Activity (April Tax Receipts)Increase / (Decrease)March Activity (May Tax Receipts)Increase/(Decrease)Total Q1Increase/(Decrease)8.D.aPacket Pg. 120Attachment: March 2022 Lodging Tax Operating Report (3111 : Lodging Tax Grant Applications & Funding Org Name Contact Address 1 email Event Amount requested Event/Projec t Budget Dates Event Location Est. attendance Grant Y/N Award Seattle Thunderbirds Hockey Club Jason Thomsen 625 West James Kent, WA 98032 jasont@seattlethund erbirds.com 2022/2023 T-Birds Season Marketing Campaign 70,500.00 70,500.00 Fall 2022- Spring 2023 ShoWare + Away Game Venues 180,000 + Hockey Fans Yes 60,000.00 Women in Manufacturing Jessica Kinman 6227 95th Place SW, Mukilteo, WA 98275 jkinman@amazon.co m Manufacturing Fundamentals Series - 9 part series 10,000.00 25,000.00 Fall 2022- Spring 2023 Blue Origin 100 per session Yes 9,000.00 Kent Downtown Partnership Gaila Gutierrez 202 W. Gowe Street Kent, WA 98032 Gaila Gutierrez <GGutierrez@kentd owntown.org> Meeker Street Nerd Party 6,800.00 6,800.00 February 25, 2023 314 Meeker Street + Environs 750+No* Kent Downtown Partnership Gaila Gutierrez 202 W. Gowe Street Kent, WA 98032 Gaila Gutierrez <GGutierrez@kentd owntown.org>Cajun Music Festival 10,000.00 10,000.00 August 19, 2022 Burlington Green 2000+No* Kent Chamber of Commerce Zenovia Harris 524 W. Meeker Street, #1 Kent, WA 98032 zharris@kentchamb er.com Tourism Infrastructure 67,100.00 135,000.00 2022 Program Year 524 W. Meeker Street, #1 Kent, WA 98032 n/a daily visitor traffic - weekday ops Yes 50,000.00 Kent International Festival Nancy Skiption P.O. Box 6434 Kent, WA 98064-6434 nancy@simplycelebr ations.com Kent International Festival 10,000.00 40,830.00 June 18, 2022 ShoWare 6000-7000 Yes 10,000.00 Gut Check Torname Marc Kaye 5117 Windermere Drive SE Olympia, WA 98501 marcglobal1@yahoo .com Gut Check Wrestling Tournament - Summer Edition 30,000.00 75,000.00 June 27-29 ShoWare 4000-5000 Yes 25,000.00 Food Northwest Pamela Barrow 8338 NE Alderwood Rd. #160 Portland, OR 97220 pbarrow@foodnw.c om Food Processing Hot Topics Forum 25,812.00 79,074.00 Nov. 7-8, 2022 - Planning Starts October 30, 2023 for event GRC Event Center 500 Yes 19,000.00 Pacific NW Aerospac Nikki Malcom 16625 Redmond Way, Redmond, WA 98052 nmalcom@pnaa.net Tech Innovation Conference & Expo 35,000.00 72,000.00 Sept. 14-15 2022 ShoWare 350 Yes 27,000.00 265,212.00 200,000.00 * Awards not made at this time due to distance to events and uncertainty around other sponsorship Spring 2022 Lodging Tax Grant Applicants and Events Scoring Sheet 8.D.b Packet Pg. 121 Attachment: LTAC Recommendations Summary Table (3111 : Lodging Tax Grant Applications & Funding Levels as Recommended by the Lodging Tax Advisory DATE: May 17, 2022 TO: Kent City Council SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2022 and March 31, 2022 - Adopt MOTION: I move to adopt Ordinance No. 4429, consolidating budget adjustments made between January 1, 2022 and March 31, 2022, reflecting an overall budget increase of $11,636,600. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $11,636,600. Adjustments totaling $8,677,170 have previously been approved by Council and are summarized as follows: $2,575,900 in grants as follows: · $2,372,000 in Transportation Improvement Board (TIB) Grants for the Urban Sidewalk Program to be used for the Reith Road Urban Arterial project ($1.6m), Russell Road Sidewalk Improvements ($465k), and South 240th Sidewalk Improvements ($312k). · $235,000 WSDOT Highway Safety Improvement Program Grant for the 108th Avenue South East and South East 264th Street Compact Roundabout. · $(31,100) net reduction in Criminal Justice grants which result from the addition of a 2021-2022 Boat Grant of $9,630 offset by a reduction of $40,730 to correct the double counting of a 2020 JAG Grant. $5,531,270 in carryforward budgets that were previously authorized in 2021: · $2,031,700 of Facilities Lifecycle budgets. · $870,730 of Fleet budgets for vehicles ordered but not delivered. · $802,950 of Parks Lifecycle budgets. · $507,320 of accesso ShoWare capital budgets. · $500,000 for an accesso ShoWare scoreboard. · $346,720 of Parks General Fund carryforward budgets. · $340,740 of Criminal Justice budgets for 2021 vehicle upfitting costs not completed. · $131,110 of CARES funding for accesso ShoWare reopening expenses. $570,000 of other expenditures include a ($285k) transfer of funds from the General Fund to the Lodging Tax Fund to help mitigate estimated 2020 and 2021 8.E Packet Pg. 122 revenue losses due to Covid-19 and the establishment of the budget for use of those funds ($285k). The remaining adjustments totaling $2,959,430 have not been previously approved by Council. Highlights include: · $1,380,680 increase to establish a budget for transferred 2021 B&O revenues to the 2022 Overlay project ($690,340) and the associated budget for use of those funds within the project ($690,340). · $600,000 for the transfer ($300k) and use ($300k) of fund balance for the GR Outfall Repair project ($200k) and Garrison Creek project ($100k). · $522,890 to establish a budget for the use of state legislative assistance funds to help mitigate the costs of criminal justice-related legislation. · $300,000 for the transfer of Street Tree Program fund balance ($150,000) and the use of those funds in the James Street Landscaping project ($50k) and Pacific Highway Landscaping project ($100k). · $84,900 to increase the Parks Department’s temporary employee budget. · $65,960 to adjust the City Arts Program and Human Services budgets for the latest 2021 OFM population estimates for the City. · $5,000 to reallocate Human Services program costs to the HDC - Homeless Planner project. BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 4429 - Budget Adjustment Ordinance Q1 2022 (PDF) 05/03/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 8.E Packet Pg. 123 1 2021-2022 Budget Adjustment First Quarter 2022 ORDINANCE NO. 4429 AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between January 1, 2022 and March 31, 2022, reflecting an overall budget increase of $11,636,600. RECITALS A. Expenditures as classified in the final, adopted budget constitute the city’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2021-2022 biennial budget is amended to include budget fund adjustments for the first quarter of 2022 from January 1 to March 31, 2022, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except 8.E.a Packet Pg. 124 Attachment: 4429 - Budget Adjustment Ordinance Q1 2022 (3133 : First Quarter 2022 Supplemental Budget Adjustment Ordinance - Adopt) 2 2021-2022 Budget Adjustment First Quarter 2022 as amended by this ordinance, all terms and provisions of the 2021-2022 biennial budget Ordinance No. 4381, as amended by Ordinance Nos. 4404, 4411, 4413, 4419 and 4421, shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code Reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. May 17, 2022 DANA RALPH, MAYOR Date Approved ATTEST: May 17, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted May 20, 2022 Date Published APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 8.E.a Packet Pg. 125 Attachment: 4429 - Budget Adjustment Ordinance Q1 2022 (3133 : First Quarter 2022 Supplemental Budget Adjustment Ordinance - Adopt) Fund Title Previously Approved Approval Requested Total Adjustment Ordinance General Fund 631,720 140,260 771,980 Street Fund - 604,160 604,160 Lodging Tax Fund 285,000 - 285,000 Capital Resource Fund 802,950 - 802,950 Criminal Justice Fund 309,640 522,890 832,530 Management Operating Projects - 15,600 15,600 Kent Events Center Operating Fund 1,138,430 - 1,138,430 Street Capital Projects 2,607,000 1,069,520 3,676,520 Other Capital Projects - 7,000 7,000 Drainage Operating Fund - 600,000 600,000 Fleet Services Fund 870,730 - 870,730 Facilities Management Fund 2,031,700 - 2,031,700 Total 8,677,170 2,959,430 11,636,600 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments January 1, 2022 to March 31, 2022 8.E.a Packet Pg. 126 Attachment: 4429 - Budget Adjustment Ordinance Q1 2022 (3133 : First Quarter 2022 Supplemental Budget Adjustment Ordinance - Adopt) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance General Fund Parks 2021 Carryforward 2021 346,720 346,720 Provide funds to LTAC for 2020 and 2021 estimated revenue losses 3/1/2022 285,000 285,000 Adjust City Arts & Human Services for updated population per OFM 55,360 55,360 Increase Parks' Temporary Employee Budget 84,900 84,900 Total General Fund 631,720 140,260 771,980 Street Fund True up 2021 excess B&O transfer to 2022 Overlay project 3100 690,340 690,340 Close and reallocate Sound Transit Light Rail and other projects (86,180) (86,180) Total Street Fund - 604,160 604,160 Lodging Tax Fund Use of GF funds for 2020 and 2021 estimated LTAC revenue losses 3/1/2022 285,000 285,000 Total Lodging Tax Fund 285,000 - 285,000 Capital Resource Fund Parks' 2021 Lifecycle Carryforward 2021 802,950 802,950 Total Capital Resource Fund 802,950 - 802,950 Criminal Justice Fund Carryforward of 2021 vehicle upfitting costs 2021 340,740 340,740 Legislative Assistance Funds for criminal justice-related legislation 522,890 522,890 Correct double counting of a 2020 JAG Grant KCC 3.70 (40,730) (40,730) 2021-2022 Boat Grant KCC 3.70 9,630 9,630 Total Criminal Justice Fund 309,640 522,890 832,530 Management Operating Projects Reallocate HS Costs to project 1000 5,000 5,000 Population update per OFM for City Arts calculcation 1000 10,600 10,600 Total Management Operating Projects - 15,600 15,600 Kent Events Center Operating Fund ShoWare Scoreboard Carryforward 2021 500,000 500,000 CARES Funding Carryforward 2021 131,110 131,110 2021 Capital Carryforward 2021 507,320 507,320 Total Kent Events Center Operating Fund 1,138,430 - 1,138,430 Street Capital Projects WSDOT Grants for Highway Traffic Safety Improvement Program 3/2/2022 235,000 235,000 True up excess 2021 B&O transfer to 2022 Overlay project 1100 690,340 690,340 Reallocate budgets to close Street Projects 1100 379,180 379,180 Establish budget for T.I.B. Grants for Urban Sidewalk Program 12/14/21 2,372,000 2,372,000 Total Street Capital Projects Fund 2,607,000 1,069,520 3,676,520 Other Capital Projects Use of funds to close the Sound Transit Light Rail project 7,000 7,000 Total Other Capital Projects Fund - 7,000 7,000 Drainage Operating Fund Transfer and use of fund balance for Garrison Creek project 200,000 200,000 Transfer and use of fund balance for GR Outfall Repair project 400,000 400,000 Total Drainage Operating Fund - 600,000 600,000 Fleet Services Fund 2021 Carryforward for vehicles ordered but not delivered 2021 870,730 870,730 Total Fleet Services Fund 870,730 - 870,730 Facilities Management Fund 2021 Facilities Lifecycle Carryforward 2021 2,031,700 2,031,700 Total Facilities Management Fund 2,031,700 - 2,031,700 Grand Total All Funds 8,677,170 2,959,430 11,636,600 Budget Adjustment Detail for Budget Changes January 1, 2022 to March 31, 2022 8.E.a Packet Pg. 127 Attachment: 4429 - Budget Adjustment Ordinance Q1 2022 (3133 : First Quarter 2022 Supplemental Budget Adjustment Ordinance - Adopt) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Consultant Services Agreement with Consor North America, Inc. DBA Murraysmith, Inc. for the Sanitary Sewer Comp Plan - Authorize MOTION: I move to authorize the Mayor to sign a contract with Consor North America, Inc. DBA Murraysmith, Inc. to prepare the 2023 Sanitary Sewer Comprehensive Plan Update in an amount not to exceed $679,565, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In Washington, all sanitary sewer providers are required to develop a Sanitary Sewer Comprehensive Plan (Plan) meeting the requirements of WAC 173- 240-050, and these plans must be approved by the Washington Department of Ecology. In King County, all sewer plans are reviewed by King County’s Utility Technical Review Committee. The Plan will guide the City’s near- and long-term investments in the sanitary sewer system. The Plan must be consistent with the City of Kent Comprehensive Land Use Plan, provide a detailed overview of the Kent Sanitary Sewer System and describe future demands on the sanitary sewer system based on growth projections. Modeling will be used to identify potential system deficiencies and to propose capital projects to remedy deficiencies, which will help the City to meet population growth goals. BUDGET IMPACT: Funds for this project have been budgeted in the Sewer Utility Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Agreement (PDF) 8.F Packet Pg. 128 05/02/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.F Packet Pg. 129 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Consor North America, Inc. DBA Murraysmith, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Consor North America,Inc. DBA Murraysmith, Inc. organized under the laws of the State of Oregon, located and doing business at 600 University Street, Suite 300, Seattle, WA 98101, Phone: (206) 462-7030, Contact: Drew Henson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist in preparing the 2023 Sanitary Sewer Comprehensive Plan. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Hundred Seventy Nine Thousand, Five Hundred Sixty Five Dollars ($679,565), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the 8.F.a Packet Pg. 130 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any 8.F.a Packet Pg. 131 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. 8.F.a Packet Pg. 132 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 8.F.a Packet Pg. 133 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 8.F.a Packet Pg. 134 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Drew Henson Consor North America,Inc. DBA Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 (206) 462-7030 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Murraysmith - Sewer Comp Plan/Holcomb 8.F.a Packet Pg. 135 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.F.a Packet Pg. 136 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.F.a Packet Pg. 137 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.F.a Packet Pg. 138 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 139 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 140 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 141 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 142 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 143 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 144 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 145 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 146 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 147 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 148 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 149 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 150 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 151 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 152 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 153 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 154 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 155 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 156 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 157 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 158 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 159 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 160 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 161 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 162 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 163 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 164 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 165 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 166 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) 8.F.a Packet Pg. 167 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 8.F.a Packet Pg. 168 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.F.a Packet Pg. 169 Attachment: Agreement (3141 : Consultant Services Agreement with Murraysmith, Inc. for the Sanitary Sewer Comp Plan) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance - Authorize MOTION: I move to authorize the Mayor to accept grant funds from the Transportation Improvement Board for the Russell Road -Meeker to Hogan Complete Streets Award, in the amount of $750,000, amend the budget, authorize the expenditure of the grant funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Washington State Transportation Improvement Board (TIB) selected the city to receive $750,000 for a Complete Streets Award. These funds will be used to design and construct a sidewalk and ancillary improvements between Hogan Park and Meeker St along Russell Rd. The project will complete a gap for non-motorized users connecting Hogan Park and the Green River Trail to Meeker Street, improving the network for non-motorized users. Speed cushions will be installed on Russell Rd. to reduce vehicle speeds. BUDGET IMPACT: This project will be designed and constructed using grant funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Grant Agreement (PDF) 05/02/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.G Packet Pg. 170 Washington State Transportation Improvement Board C-P-106(003)-1 Complete Streets Award Grant Agreement Complete Streets Grant Agreement Page 1 of 5 December 2016 City of Kent C-P-106(003)-1 Complete Streets Award STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF KENT GRANT AGREEMENT THIS GRANT AGREEMENT (“Agreement”) is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (“TIB”) and the CITY OF KENT, a Washington state municipal corporation (“RECIPIENT”). WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads (“Project”) for eligible cities, towns, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 4207 and that it has the legal authority to receive such grant and to perform the Project pursuant to the terms of this grant NOW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04.320, and WAC 479-10-500 et seq, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GRANT TIB agrees to grant funds in the amount of SEVEN HUNDRED FIFTY THOUSAND AND NO/100 dollars ($750,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. 2. PROJECT AND BUDGET The Project shall provide for the retrofit of identified streets or roads on the RECIPIENT’s approved work plan. In accordance with applicable laws and ordinances, the RECIPIENT agrees to enter into an agreement with an independent contractor and/or material providers, or otherwise provide for the Project work plan to be completed by the RECIPIENT’s own forces. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its independent contractor and/or material providers. If RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shall the TIB be responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7. 3. PROJECT WORK PLAN AND DOCUMENTATION 8.G.a Packet Pg. 171 Attachment: Grant Agreement (3142 : Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance) Washington State Transportation Improvement Board C-P-106(003)-1 Complete Streets Award Grant Agreement Complete Streets Grant Agreement Page 2 of 5 December 2016 The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following: a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and b) Project work plan Closeout Form. 4. PAYMENT AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items by March 25th, 2025 shall be returned to TIB within ninety (90) days after receipt of TIB’s written notification. 5. USE OF COMPLETE STREETS GRANT FUNDS RECIPIENT agrees that the grant funds shall only be used to complete the approved Project work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of Section 9. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years after the completion of the Project work plan and TIB’s acceptance of the Project work plan Closeout Form. At no cost to TIB, these records shall be provided when requested; including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 7. REVISIONS TO THE PROJECT WORK PLAN RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TIB, in its sole discretion, will determine whether to accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs incurred in excess of the Agreement grant award. 8.G.a Packet Pg. 172 Attachment: Grant Agreement (3142 : Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance) Washington State Transportation Improvement Board C-P-106(003)-1 Complete Streets Award Grant Agreement Complete Streets Grant Agreement Page 3 of 5 December 2016 8. TERM OF AGREEMENT This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or amendment thereof, or unless terminated as provided herein. In no event shall the Agreement term exceed three years, unless extended by Agreement amendment pursuant to Section 14. 9. NON-COMPLIANCE, DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement and applicable rules under WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENT’s non- compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB’s notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project work plan, or a denial accompanied by supporting documentation. An agreement to amend the Project work plan must be pursuant to Section14. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in its sole discretion, TIB may require the RECIPIENT to stop incurring additional Project work plan costs during the investigation. Should TIB require the RECIPIENT to stop incurring additional costs to be paid with the grant funds, the RECIPIENT shall be solely obligated for paying any additional costs incurred by such suspension of work, contractor claims, or litigation costs; such costs cannot be paid for with grant funds. 9.2 DEFAULT RECIPIENT is in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance with this Agreement and the Project work plan; b) TIB denies the RECIPIENT’s request to amend the Project work plan; and c) After investigation, TIB confirms RECIPIENT’S non-compliance. 9.3 TERMINATION a) In the event of default as determined pursuant to Section 9, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds and/or take such actions necessary as may be directed by TIB to protect TIB’s grant funds. b) In the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds. 8.G.a Packet Pg. 173 Attachment: Grant Agreement (3142 : Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance) Washington State Transportation Improvement Board C-P-106(003)-1 Complete Streets Award Grant Agreement Complete Streets Grant Agreement Page 4 of 5 December 2016 c) The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 10. DISPUTE RESOLUTION a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this Agreement. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this Agreement. b) Informal Resolution. The Parties shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The Parties shall share equally in the costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has been exhausted. 11. GOVERNANCE, VENUE, AND ATTORNEYS FEES This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys’ fees and costs. 12. INDEMNIFICATION, HOLD HARMLESS, AND WAIVER 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TIB, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT’S negligent acts or omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT’s own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TIB only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of Title 51 RCW. 8.G.a Packet Pg. 174 Attachment: Grant Agreement (3142 : Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance) Washington State Transportation Improvement Board C-P-106(003)-1 Complete Streets Award Grant Agreement Complete Streets Grant Agreement Page 5 of 5 December 2016 12.3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. 13. ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights or obligations under this Agreement. 14. AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 15. INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 16. ENTIRE AGREEMENT This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to abide by all applicable federal, state and local laws, ordinances, and rules when performing under the terms of this Agreement. RECIPIENT Transportation Improvement Board Chief Executive Officer Date Date Print Name Print Name Approved as to Form By: ____________________________________ ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the Attorney General 8.G.a Packet Pg. 175 Attachment: Grant Agreement (3142 : Russell Road - Meeker to Hogan Complete Streets, TIB Grant Acceptance) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance - Authorize MOTION: I move to authorize Mayor to accept federal funds in the amount of $149,904 for the Meeker St Multimodal, Kent Elementary School project and direct staff to establish a budget for the funds. SUMMARY: The Puget Sound Regional Council (PSRC) has awarded the City $149,904 through the Transportation Alternatives Program (TAP) for preliminary engineering of the Meeker Street Multimodal, Kent Elementary School project. This segment of the Meet Me on Meeker project will convert Meeker Street from a 5-lane roadway to a 2-lane roadway with on-street parking and a separated 2-way bicycle path on the south side of the street. The project also includes median islands, landscaping, and a mid-block pedestrian crossing with rapid flashing beacons. This project will further the Meet Me on Meeker vision, creating a stimulating urban environment and encouraging non-motorized and transit use. BUDGET IMPACT: This project will be designed using grant funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Local Agency Agreement (PDF) 2. Prospectus (PDF) 05/02/22 Public Works Committee MOTION PASSES 8.H Packet Pg. 176 RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.H Packet Pg. 177 Page 1 Revised 01/2022 Local Agency Agreement Agency Address CFDA No. 20.205 - Highway Planning and Construction (Catalog of Federal Domestic Assistance) Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Claiming Indirect Cost Rate Yes NoProposed Advertisement Date Type of Work Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal FundsPE %a. Agency b. OtherFederal Aid Participation Ratio for PE c. Other d. State e. Total PE Cost Estimate (a+b+c+d)Right of Way %f. Agency g. OtherFederal Aid Participation Ratio for RW h. Other i. State j. Total R/W Cost Estimate (f+g+h+i)Construction %k. Contract l. Other m. OtherFederal Aid Participation Ratio for CN n. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) DOT Form 140-039 Washington State Department of Transportation By Director, Local Program Agency Official By Title Date Executed 8.H.a Packet Pg. 178 Attachment: Local Agency Agreement (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) DOT Form 140-039 Page 2 Revised 01/2022 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). 8.H.a Packet Pg. 179 Attachment: Local Agency Agreement (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) DOT Form 140-039 Page 3 Revised 01/2022 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. 8.H.a Packet Pg. 180 Attachment: Local Agency Agreement (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) DOT Form 140-039 Page 4 Revised 01/2022 IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. 8.H.a Packet Pg. 181 Attachment: Local Agency Agreement (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) DOT Form 140-039 Page 5 Revised 01/2022 XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions 8.H.a Packet Pg. 182 Attachment: Local Agency Agreement (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) Local Agency Federal AidProject Prospectus Prefix Route ( ) Federal Aid Project Number Local Agency Project Number WSDOT Use Only Date DUNS Number Federal Employer Tax ID Number Agency CA Agency Yes No Federal Program Title 20.205 Other Project Title Start Latitude N End Latitude N Start Longitude W End Longitude W Project Termini From-To Nearest City Name Project Zip Code (+4) Begin Mile Post End Mile Post Length of Project Award Type Local Local Forces State Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Phase Total Estimated Cost (Nearest Hundred Dollar) Local Agency Funding (Nearest Hundred Dollar) Federal Funds (Nearest Hundred Dollar) Phase Start Date Month Year P.E. R/W Const. Total Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Local Agency Contact Person Title Phone Mailing Address City State Zip Code Project Prospectus By Approving Authority Title Date DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete ( ) Page 1 8.H.b Packet Pg. 183 Attachment: Prospectus (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) Agency Project Title Date Type of Proposed Work Project Type (Check all that Apply) New Construction Reconstruction Railroad Bridge Path / Trail Pedestrian / Facilities Parking 3-R 2-R Other Roadway Width Number of Lanes Geometric Design Data Description Federal Functional Classification Terrain Posted Speed Design Speed Existing ADT Design Year ADT Design Year Design Hourly Volume (DHV) Through Route Urban Rural NHS Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Flat Roll Mountain Crossroad Urban Rural NHS Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Flat Roll Mountain Performance of Work Preliminary Engineering Will Be Performed By Others % Agency % Construction Will Be Performed By Contract % Agency % Environmental Classification Class I - Environmental Impact Statement (EIS) Project Involves NEPA/SEPA Section 404 Interagency Agreement Class III - Environmental Assessment (EA) Project Involves NEPA/SEPA Section 404 Interagency Agreements Class II - Categorically Excluded (CE) Projects Requiring Documentation (Documented CE) Environmental Considerations DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete Page 2 8.H.b Packet Pg. 184 Attachment: Prospectus (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) Agency Project Title Date Right of Way No Right of Way Needed * All construction required by the contract can be accomplished within the existing right of way. Right of Way Needed No Relocation Relocation Required Utilities No utility work required All utility work will be completed prior to the startof the construction contract All utility work will be completed in coordinationwith the construction contract Railroad No railroad work required All railroad work will be completed prior to the start ofthe construction contract All the railroad work will be completed in coordinationwith the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Yes No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it’s designee, and is not inconsistent with the agency’s comprehensive plan for community development. Agency ByDate Mayor/Chairperson DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete Page 3 8.H.b Packet Pg. 185 Attachment: Prospectus (3143 : Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant Acceptance) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Consultant Agreement with KBA, Inc. for the S. 212th Street Preservation Project - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Agreement with KBA, Inc. in the amount of $205,032 for contract administration, management, quality control, and inspection of the S 212th St Preservation (Green River Bridge to Orillia Rd) project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The S 212th Street Preservation project runs from the Green River Bridge to Orillia Road. This is a federally funded project that includes new asphalt pavement, channelization, and curb ramps on S 212th Street. This consultant contract is needed to provide a Resident Engineer, Inspector, and subconsultants to perform contract administration, construction management, quality control, and inspection on this federally funded project. Our consultant selection process follows Washington State Department of Transportation Local Agency Guideline Manual guidelines. Based on the selection process, staff recommends KBA, Inc. KBA specializes in providing construction management and contract administration on federally funded capital improvement projects for local municipalities throughout Puget Sound. The funding agency requires 19% Disadvantaged Business Enterprise (DBE) participation in contracts during the construction phase of the project. The required DBE participation will be met by KBA via subconsultant contracts with HWA Geosciences, Inc. (quality control) and Jimale Technical Services (contract administration). BUDGET IMPACT: The project will be paid for using a Puget Sound Regional Council Grant, and Business and Occupation Tax Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Agreement (PDF) 8.I Packet Pg. 186 05/02/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.I Packet Pg. 187 Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures 8.I.a Packet Pg. 188 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the _________________________________________________________________, hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. 8.I.a Packet Pg. 189 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 3 of 14 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Eric Connor City of Kent 220 4th Avenue S. Kent WA 98032 EConnor@KentWA.gov (253) 856-5533 (253) 856-6500 Cameron Bloomer KBA, Inc. 11201 SE 8th Street, Suite 160 Bellevue WA 98004 cbloomer@kbacm.co m (206)819-7148 (425) 455-9732 8.I.a Packet Pg. 190 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 4 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. 8.I.a Packet Pg. 191 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 5 of 14 A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. 8.I.a Packet Pg. 192 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 6 of 14 VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 8.I.a Packet Pg. 193 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 7 of 14 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) •Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) •Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) •Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) •Civil Rights Restoration Act of 1987 (Public Law 100-259) •American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) •23 CFR Part 200 •49 CFR Part 21 •49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. 8.I.a Packet Pg. 194 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 8 of 14 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT 8.I.a Packet Pg. 195 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 9 of 14 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. 8.I.a Packet Pg. 196 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 10 of 14 Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. 8.I.a Packet Pg. 197 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 11 of 14 XIII.Extra Work A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV.Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI.Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. XVII.Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII.Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. 8.I.a Packet Pg. 198 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 of 14 XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained, and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. 8.I.a Packet Pg. 199 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 13 of 14 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub- consultants’ information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. 8.I.a Packet Pg. 200 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 of 14 For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. 8.I.a Packet Pg. 201 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit A Scope of Work Project No. 8.I.a Packet Pg. 202 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 1 of 7 EXHIBIT A SCOPE OF SERVICES for S. 212th St Pavement Preservation, Green River Bridge to Orillia Rd KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Kent (Client), for the project known as S. 212th St Pavement Preservation, Green River Bridge to Orillia Rd (Project). These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below. Project Description: This project includes planing and HMA Overlay of S. 212th Street between the Green River Bridge and Orillia Rd. Other work elements include the replacement of curb ramps, installing pedestrian push buttons, sidewalk repairs, vehicle detection loops, and channelization. The Designer of Record on this Project is the City of Kent (Designer). I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management: Provide overall day-to-day management of the Consultant contract and Team, including: 1. Decide on best modes and frequency of communication with Client and Designer. Liaison and coordinate with Client on a regular basis to discuss Project issues and status. 2. Manage Consultant Team, comprised of Consultant’s staff and its subconsultants, if any. Organize and layout work for Consultant Team. 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Client monthly, an invoice and progress report describing services provided that period. Prepare and submit reporting required by funding source(s), if any. Deliverables  Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. 2. Organize and lead preconstruction conference: a. Prepare and distribute notices. b. Prepare agenda. c. Conduct the meeting. d. Prepare and distribute meeting notes to attendees and affected agencies. 3. Provide one set of preconstruction photographs. Deliverables  Preconstruction Conference Notice, Agenda, and Notes  Preconstruction photos, digital files on electronic storage medium C. Construction Phase Services – Contract Administration 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent property owners, and utilities. 8.I.a Packet Pg. 203 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 2 of 7 2. In concurrence with Progress Estimates, provide the Client with brief construction progress reports, highlighting progress and advising of issues that are likely to impact cost, schedule, or quality/scope. 3. Schedule Review: a. Review construction contractor’s schedules for compliance with Contract Documents. b. Monitor the construction contractor’s conformance to schedule and request revised schedules when needed. Advise Client of schedule changes. 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes and distribute copies to attendees. Track outstanding issues on a weekly basis. 5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 6. Record of Materials. Maintain records of material compliance documentation received and advise Client of any known deficiencies. 7. Prepare weekly statement of working days and distribute to the Client and Contractor. 8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment requests submitted by construction contractor for comparison and reconcile differences. Review with Client and construction contractor and recommend approval, as appropriate. a. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 11. Notify construction contractor of work found in noncompliance with the requirements of the contract. 12. Assist the Client in the investigation of malfunctions or failures observed during construction. 13. Public Information. Provide information for Client to prepare media communications and public notices on Project status. Provide information for Client’s inclusion into a Project website and/or newsletter, if requested. 14. Record Drawings. Review not less than monthly, the construction contractor’s redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by Consultant Team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 15. Document Control. Establish and maintain document filing and tracking systems, following Client guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. If requested, one hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website, using SharePoint, managed and hosted by the Consultant. The Client will be provided with licenses for their and the construction contractor’s use of the SharePoint website during the Project. Consultant will provide one training session for Client and construction contractor users of the SharePoint system. 8.I.a Packet Pg. 204 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 3 of 7 c. The Project SharePoint site will transition to “read-only” access upon expiration of the Agreement, or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project SharePoint site. Access to SharePoint will expire following that date. 16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. 17. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of Substantial, Physical, and Final Completion for Client approval and signature, to include punch list. Prepare final pay estimate for Client approval and processing. 18. Final Records. Compile and convey final Project records, transferring to the Client for its archiving at final acceptance of the Project. Should Consultant’s work end prior to full completion of the Project, its records will be transferred to the Client prior to departure from the Project. Records will consist of electronic records on electronic storage medium, hardcopies can be provided upon request for additional cost. Deliverables  Monthly Construction Progress Reports  Schedule Review Comments  Meeting Agendas and Notes  Submittal Log  Record of Materials  RFI Log  Change Order(s)  Progress Pay Requests  Certificate Letters of Completion  Final records - electronic D. Construction Phase Services – Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant’s personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Client of any non-conforming work observed during site visits. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor’s operations as actually observed by the Consultant; includes quantities of work placed that day, contractor’s equipment and crews, photos of work performed, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with Designer. 5. Evaluate and report to Client issues that may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8.I.a Packet Pg. 205 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 4 of 7 8. Prepare field records, daily reports of force account worked, and other payment source documents to help facilitate administration of the Project in accordance with funding agency requirements. 9. Attend and actively participate in regular on-site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized in accordance with Client protocol. 11. Punch List. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final inspection with those agencies. 12. Testing. Conduct materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform Client and construction contractor of deficiencies. Deliverables  IDRs with Project photos – submitted on a weekly basis  Field Note Records and Daily Reports of Force Account Worked  Additional Project photos not included in IDRs  Punch List(s)  Test reports E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a 5-month period, from May through September 2022. This is intended to span the originally planned construction duration of 70 contractor working days, plus time allotted for Project setup and closeout. Overtime has been figured at 6%, or an average of 8.5 hours per day for the inspector, and 4.25 hrs per day for the Resident Engineer. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover instances, including but not limited to the following, Client and Consultant will negotiate a Supplement to this Agreement: i. The contractor’s schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. c. The work is anticipated to be performed during daytime hours, with the exception of plaining and HMA paving. A 15 percent differential for labor is being applied to all night shift hours worked by Consultant’s employees. d. Client to provide office with internet access, bathroom facilities, drinking water, and office furniture. e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. 8.I.a Packet Pg. 206 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 5 of 7 f. The budget assumes that Consultant’s standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized Client requirements will be Extra Work. g. Should Consultant’s level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. b. Field office, including: i. workstations (desk, chair, and storage) for 2 staff members ii. conference table and chairs iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color, and of business quality, if needed iv. high-speed, dedicated connection, including static IP v. miscellaneous office supplies vi. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. g. Client will download certified payrolls from L&I site and provide them to the Consultant for tracking and filing. 3. Scope: a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide observation services for the days/hours that its’ Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. The Consultant’s monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor’s performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client’s expectations. d. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is synonymous with “construction observation,” and reference to the “Inspector” role is synonymous with “Field Representative,” and means: performing on-site observations of 8.I.a Packet Pg. 207 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 6 of 7 the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if Work does not conform to the Contract Documents or requires special inspection or testing. Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Quantity takeoffs and calculated quantities are for the purpose of comparing with Designer’s and/or bidders’ quantities and are not a guarantee of final quantities. i. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor’s schedules, is for the purpose of estimating number of days to complete a project, for identifying potential schedule and coordination challenges, and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. j. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. k. If Consultant provides Value Analysis or Value Engineering services, it is understood that any ideas, advice, or recommendations generated by the Consultant are made based only on the information presented to them, and need engineering analysis by the Designer to verify; Consultant is not responsible for the final design product. l. Client agrees to include a statement in the construction Bid Documents for this Project, requiring construction contractor to name KBA, Inc. as an additional insured via endorsement to the contractor’s commercial general liability and automobile insurance policies. m. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement. n. Consultant’s insurance carrier provides coverage on ISO equivalent endorsement forms. o. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same 8.I.a Packet Pg. 208 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) KBA, Inc. 4/19/2022 P:\Public\PROJECTS\_In Design\20-3012 S 212th Orilla (City limits to Green River Bridge)\50 Consultant Selection & Contracts\50.9 Construction\KBA Contract Documents\KBA Proposal and Contract Request\KBA-SCOPE-TEMPLATE-Kent 212th GRB to Orillia Rd.docx 7 of 7 profession currently practicing under similar circumstances, in the same geographical area and time period. p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Consultant’s services. q. Client agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to Client, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant’s knowledge. r. Consultant will not be liable for any damage to the field office premises or utilities provided by Client, unless caused by Consultant’s own negligence. s. XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will identify each and any item considered to be “State’s Confidential Information” as “confidential”, as detailed below. Any information received by CONSULTANT that is not so labeled, will be assumed by CONSULTANT to not be “State’s Confidential Information”. CONSULTANT will return all items pre-identified as State’s Confidential Information, to the AGENCY, and will not be required to take any other steps to protect that information. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. 8.I.a Packet Pg. 209 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. 8.I.a Packet Pg. 210 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files 8.I.a Packet Pg. 211 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided 8.I.a Packet Pg. 212 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data 8.I.a Packet Pg. 213 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format 8.I.a Packet Pg. 214 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit D Prime Consultant Cost Computations 8.I.a Packet Pg. 215 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) ORIGINAL AGREEMENT APR 2022 MAY 2022 JUN 2022 JUL 2022 AUG 2022 SEP 2022 OCT 2022 City of Kent 21 21 22 20 23 21 21 KBA Job No.168 168 176 160 184 168 168 Cost + Net fee (on DSC Only)6% 6% 6% 6% 6% 6% 6% Prepared On: 4/19/2022 178 178 187 170 195 178 178 Prepared by: Cameron Bloomer Annual Escalation on DSC 5%PRECONSTRUCTION ESTIMATE OF COSTS CLOSEOUT KBA Hours Class Title/Role Task 2022 Rate 2023 Rate Total Hours Original Agreement Total APR 2022 MAY 2022 JUN 2022 JUL 2022 AUG 2022 SEP 2022 OCT 2022 H Sam Schuyler M2 Manager II 01.00 $80.24 $84.25 12 12 3 2 2 2 3 H Jill Carter A4 Administrator IV 02.00 $44.00 $46.20 20 20 4 4 4 4 4 F Cameron Bloomer E5 Engineer / Professional V 01.00 $61.88 $64.97 397 397 40 94 85 98 80 F Inspector E3 E3 Engineer / Professional III 02.00 $45.00 $47.25 552 552 40 187 170 75 80 F Inspector E3 (Night) E3 Engineer / Professional III 03.00 $51.75 $54.34 120 120 120 Subtotal - KBA Labor Hours 1,101 1,101 - 87 287 261 299 167 - Project Expenses Rate Tax Loaded Rate Total Costs Original Agreement Total APR 2022 MAY 2022 JUN 2022 JUL 2022 AUG 2022 SEP 2022 OCT 2022 Vehicle - 4 Door SUV Monthly Lease Rate DE 1,000$ 10.4% $1,104 3,312$ 3,312 $1,104 $1,104 $1,104 Daily Rate DE 50.00$ 10.4% $55 828$ 828 276 552 Hourly Rate DE 6.25$ 10.4% $7 2,739$ 2,739 276 649 587 676 552 Miscellaneous Expenses Office Supplies 150$ 150 150 Subtotal - Direct Expenses 7,029 7,029 - 702 1,753 1,691 1,780 1,104 - Subconsultants Task Total Costs Original Agreement Total APR 2022 MAY 2022 JUN 2022 JUL 2022 AUG 2022 SEP 2022 OCT 2022 Materials Testing Sub1 26,428$ 26,428 5,297 6,738 6,125 7,044 1,225 GeoTech Sub2 12,601$ 12,601 12,601 Subtotal - Subconsultant Costs 39,029 39,029 - 5,297 6,738 6,125 19,645 1,225 - Task 2022 Rate 2023 Rate Total DSC Original Agreement Total APR 2022 MAY 2022 JUN 2022 JUL 2022 AUG 2022 SEP 2022 OCT 2022 H Sam Schuyler M2 Manager II 01.00 $80.24 $84.25 963 963 - 241 160 160 160 241 - H Jill Carter A4 Administrator IV 02.00 $44.00 $46.20 880 880 - 176 176 176 176 176 - F Cameron Bloomer E5 Engineer / Professional V 01.00 $61.88 $64.97 24,566 24,566 - 2,475 5,817 5,260 6,064 4,950 - F Inspector E3 E3 Engineer / Professional III 02.00 $45.00 $47.25 24,840 24,840 - 1,800 8,415 7,650 3,375 3,600 - F Inspector E3 (Night) E3 Engineer / Professional III 03.00 $51.75 $54.34 6,210 6,210 - - - - 6,210 - - 2022 2023 57,459$ 57,459 - 4,692 14,568 13,246 15,986 8,967 - 155.78% 155.78% 2,871 2,871 - 649 524 524 524 649 - 146.37% 146.37% 81,406 81,406 - 6,258 20,831 18,896 22,906 12,515 - 2021 2022 84,277$ 84,277 - 6,907 21,355 19,420 23,430 13,164 - 30.00% 30.00% 17,238 17,238 - 1,408 4,370 3,974 4,796 2,690 - 158,974$ 158,974 - 13,006 40,294 36,640 44,211 24,822 - 7,029 7,029 - 702 1,753 1,691 1,780 1,104 - 39,029 39,029 - 5,297 6,738 6,125 19,645 1,225 - - - - - - - - - - TOTAL INVOICED 205,032 205,032 - 19,005 48,784 44,456 65,636 27,151 - CONSTRUCTION - 70 Working Days CONFIDENTIAL & PROPRIETARY TO KBA, INC. S. 212th St. Preservation (Green River Bridge to Orillia Rd / Kent City Limits) Preconstruction May 24 - May 31 Construction June 1 - Sept 8 Closeout Sept 9 to Sept 23rd Combined Costs Jimale Technical Services, LLC. HWA Geosciences Rates last Updated: Rates last Updated: Direct Salary Costs Overhead (Home) @ Overhead (Field) @ Fee on DSC Subtotal (DSC + OH + Fee) Management Reserve Subtotal Overhead Direct Expenses (No Markup) Subconsultant(s) 8.I.a Packet Pg. 216 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit E Sub-consultant Cost Computations If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. 8.I.a Packet Pg. 217 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Project Cost Estimate HWA Ref: 2022-065 Construction Inspection and Testing S 212th St Preservation - Green River Bridge to Orillia Rd Date: 5-Apr-22 Kent, WA Prepared By: BKH/BS Prepared For: Cameron Bloomer, KBA PROPOSED WORK SCOPE: This cost estimate is based on plans and information provided by the Client. 1. Sampling of HMA aggregate for acceptance testing (3 samples). Sampling of HMA aggregate and oil at the plant for ignition oven correction factor testing (1 sample). 2. Sampling and testing HMA during paving for Rice density, extraction and gradation (minimum: one test sample per 1000 tons). 3. Inspection and testing of HMA placement and compaction (minimum: one test per 100 tons). 4. Written field reports will be prepared for all inspections and reviewed for QC. Material Testing - ESTIMATED HWA LABOR: Engr VII Geol V Inspector Clerical TOTAL TOTAL $78.00 $48.50 $28.00 $25.50 HOURS AMOUNT Asphalt Inspection and Testing, including: Inspection and Testing during HMA Placement for Roadway (up to 8 visits)64 64 $1,792 HMA Oven Ignition Correction Sampling of Aggregate and Oil (1 mix)4 4 $112 HMA/Aggregate Sampling at Batch Plant during placement (5 samples)20 20 $560 Project Management Preconstruction Meeting 1 1 $49 QA Review, Reporting, Submittal Reviews, and Report Distribution 4 2 6 $409 DIRECT SALARY COST 4 3 88 0 95 $2,922 Material Testing - LABORATORY TESTING ESTIMATE: LABORATORY EXPENSE DESCRIPTION Est No.Unit Test TOTAL Asphalt Ignition Oven Correction (1 mix, 3 burns)3 $140 $420 HMA Aggregate Acceptance (Voids, FF, SE) (1 mix) at WSDOT intervals 3 $310 $930 Bitumen Content by Extraction with Gradation of Aggregate (1 mix design) at WSDOT intervals 5 $185 $925 Maximum Theoretical Specific Gravity of HMA (Rice Density) (1 mix design) at WSDOT intervals 5 $140 $700 LABORATORY TOTAL:$2,975 Scope of Services 2022 PERSONNEL & HOURLY RATES S 212th St Preservation - Green River Bridge to Orillia Rd 1 of 2 HWA GeoSciences Inc. 8.I.a Packet Pg. 218 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation EXPENSES: $480 $320 $240 EXPENSE TOTAL:$1,040 ESTIMATED PROJECT TOTALS AND SUMMARY: Direct Salary Cost (DSC)$2,922 OH @ 1.6390 * DSC $4,788 FF @ 30% * (DSC)$876 Total Labor Cost $8,586 Laboratory Testing $2,975 Direct Expenses $1,040 ESTIMATED PROJECT TOTAL:$12,601 Assumptions: 1. These estimates may require adjustment due to the Contractor's rate of construction, weather delays, source changes and/or other factors beyond our control. 2. The HWA PM reserves the right to shift hours between the various subtasks as required. 3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. 4. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. 5. All night work is charged at an 8 hour minimum segment. Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 6. All weekend work is charged at an 4 hour minimum segment. Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 7. Per Client, all concrete used will be 3000psi Commercial mix, and therefore will not be tested. 8. This cost estimate assumes temporary HMA will not be tested. 9. Per Client, aggregates will not be sampled. Compacted aggregates for ADA Ramps and Sidewalk will not be tested. Mileage to and from the job site for all inspections at IRS mileage rate (8 trips) Mileage for HMA and HMA aggregate sampling, assuming 6 trips EXPENSE DESCRIPTION Total Cost Thin Lift (HMA Testing) Nuclear Gauge Rental ($60/day), assuming 8 days S 212th St Preservation - Green River Bridge to Orillia Rd 2 of 2 HWA GeoSciences Inc. 8.I.a Packet Pg. 219 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Jimale Technical Services Prepared by Tanya Jimale DCN 2205 City of Kent S 212th St Preservation/Green R Br to Orillia Rd Contract City of Kent. Client KBA Cameron Bloomer Level of Effort for JTS Inpection Services JTS Acting Assistant Service Operations Manager Lynda Tonne-Oveson Jimale Technical Services NTP 5/16/2022 Cost Projections 80 bus-days 9/6/2022 total hours 340 JTS Project Admin Mary Lynum HOURS May-22 Jun-22 Jul-22 Aug-22 Sep-22 Total hrs 64 88 80 92 16 320 Hrs Reg Hrs 0 0 0 0 0 labor rate 32.59$ OT Hrs 64 88 80 92 16 overhear rate 113.57% fee 10% HOURS for regular pay and premium pay May-22 Jun-22 Jul-22 Aug-22 Sep-22 Total hrs 44 88 80 92 16 JTS Sr. Project Admin/Quality ControlsMary Lynum Reg Hrs 44 88 80 92 16 Premium Hrs 0 0 0 0 0 20 Hrs labor rate 41.03$ DIRECT LABOR,$ overhear rate 113.57%May-22 Jun-22 Jul-22 Aug-22 Sep-22 fee 10% Total dl$ 2,254.56$ 2,867.92$ 2,607.20$ 2,998.28$ 521.44$ Reg dl$ 2,254.56$ 2,867.92$ 2,607.20$ 2,998.28$ 521.44$ Premium$ -$ -$ -$ -$ -$ OVERHEAD,$ May-22 Jun-22 Jul-22 Aug-22 Sep-22 Total ovhd$ 2,560.50$ 3,257.10$ 2,961.00$ 3,405.15$ 592.20$ ovhd% x Reg dl$ 2,560.50$ 3,257.10$ 2,961.00$ 3,405.15$ 592.20$ Premium$ x ovhd$ -$ -$ -$ -$ -$ Fee,$ May-22 Jun-22 Jul-22 Aug-22 Sep-22 Total fee$ 481.51$ 612.50$ 556.82$ 640.34$ 111.36$ (Reg dl$ + ovhd$) x fee$ 481.51$ 612.50$ 556.82$ 640.34$ 111.36$ Premium fee$ -$ -$ -$ -$ -$ SUMMARY,$ May-22 Jun-22 Jul-22 Aug-22 Sep-22 Total by month,$ 5,296.57$ 6,737.52$ 6,125.02$ 7,043.77$ 1,225.00$ Direct Labor,$ 2,254.56$ 2,867.92$ 2,607.20$ 2,998.28$ 521.44$ Premium DLabor on OT,$ -$ -$ -$ -$ -$ Overhead$ 2,560.50$ 3,257.10$ 2,961.00$ 3,405.15$ 592.20$ Premium ovhd on OT,$ -$ -$ -$ -$ -$ Fee,$ 481.51$ 612.50$ 556.82$ 640.34$ 111.36$ Proposed work order amount 26,427.88$ 8.I.a Packet Pg. 220 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/or b.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 8.I.a Packet Pg. 221 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 8.I.a Packet Pg. 222 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Exhibit G-3 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Exhibit G-4 8.I.a Packet Pg. 223 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of ______________________________________________________________________________________ whose address is ______________________________________________________________________________________ and that neither the above firm nor I have a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the _________________________________________ and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date 8.I.a Packet Pg. 224 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-1(b) Certification of ________________________________________ I hereby certify that I am the: Other of the _______________________________________, and ________________________________________ or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a)Employ or retain, or agree to employ to retain, any firm or person; o b)Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the ___________________________________________ and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date 8.I.a Packet Pg. 225 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D.Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II.Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date 8.I.a Packet Pg. 226 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date 8.I.a Packet Pg. 227 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: •Summation of hours by classification for each firm that is included in the claim •Any correspondence that directed the consultant to perform the additional work; •Timeframe of the additional work that was outside of the project scope; •Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and •Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. 8.I.a Packet Pg. 228 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: •Copy of information supplied by the consultant regarding the claim; •Agency’s summation of hours by classification for each firm that should be included in the claim •Any correspondence that directed the consultant to perform the additional work; •Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; •Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); •Explanation to describe what has been instituted to preclude future consultant claim(s); and •Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit 8.I.a Packet Pg. 229 Attachment: Agreement (3139 : Consultant Agreement with KBA, Inc. for the S. 212th St. Preservation Project) DATE: May 17, 2022 TO: Kent City Council SUBJECT: Resolution setting June 21, 2022 as the Date for the Public Hearing on the Street Vacation at Naden Avenue Assembly - Adopt MOTION: I move to adopt Resolution No. 2045, setting June 21, 2022 as the date for the public hearing on the petition for the vacation of a portion of Naden Street. SUMMARY: The City currently owns real property abutting the eastern portion of Naden Street, also known as Naden Avenue (“Naden Street/Avenue”) and one parcel abutting the western portion of Naden Street/Avenue (“Naden Assemblage”). Naden Street/Avenue does not connect to any other roadways and City staff recommends that a portion of Naden Street/Avenue be vacated through the street vacation process set forth in Chapter 6.09 of the Kent City Code (“KCC”). A street vacation extinguishes the public easement for travel (the right-of-way) over specified real property. Once this easement is extinguished, the property within the vacated area belongs to the abutting property owners, one-half to each. Vacating this portion of Naden Street/Avenue will connect the City-owned properties within the Naden Assemblage and create one contiguous area to better accommodate future development. This proposed vacation only impacts one parcel owned by a private party-Parcel No. 2422049120. Additionally, vacating this portion of the street will not impact the access provided by Naden Street/Avenue to the properties not owned by the City. No monetary consideration for the vacation will be required. In the future, any development on the Naden Assemblage will be accessed by a new street on the easterly side, running north to south from West Meeker Street to a new intersection allowing only right turns from and onto Willis Street. For these reasons, Naden Street/Avenue is no longer required for public use and the new access will be more useful to the public. Chapter 6.09 of the KCC allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on June 21, 2022 9.A Packet Pg. 230 meets this requirement. All impacted property owners will be given notice of this hearing and the City will also provide notice by posting a notice on Naden Street/Avenue and in City Hall. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Resolution - Old Naden Ave - Street Vacation (PDF) 9.A Packet Pg. 231 1 Resolution - Re: Naden Avenue Street Vacation RESOLUTION NO. 2045 A RESOLUTION of the City Council of the City of Kent, Washington, initiating and setting a public hearing date to consider the vacation of a portion of Naden Street, also known as Naden Avenue. RECITALS A. The City Council of the City of Kent, Washington (“City”) wishes to initiate vacation proceedings for a portion of what was named “Naden Street” in 1910 by Ordinance No. 237, which runs north to south from West Meeker Street. Currently, roadways running from north to south within the City of Kent are referred to as “Avenues” and consequently, this roadway is also known as “Naden Avenue.” Throughout this Resolution, this roadway will be referred to as “Naden Street/Avenue.” The portion to be considered for vacation (“Vacation Area”) starts approximately at the southern border of King County Parcel Numbers 2422049120 and 2422049103 and ends at the portion of Naden Avenue that the City acquired in fee simple from the Washington State Department of Transportation (Parcel No. 6000000063). The Vacation Area also includes the alleyways running east-west, to the south of Parcel Numbers 2422049120 and 2422049103. The Vacation Area is more particularly described in depicted upon Exhibit A attached and incorporated into this Resolution. 9.A.a Packet Pg. 232 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the 2 Resolution - Re: Naden Avenue Street Vacation B. The City currently owns real property abutting the eastern portion of Naden Street/Avenue and one parcel abutting the western portion of Naden Street/Avenue (“Naden Assemblage”). Vacation of this portion of Naden Street/Avenue will connect the City-owned properties within the Naden Assemblage and create one contiguous area to better accommodate future development. This proposed vacation only impacts one parcel owned by a private party—Parcel No. 2422049120. The City owns all other parcels abutting the Vacation Area. No monetary consideration for the vacation will be required. Upon vacation, the property within the limits vacated belongs to the abutting property owners, one-half to each. C. Vacating this portion of the roadway preserves the access provided by Naden Street/Avenue to the Parcel Numbers 2422049120 and 2422049121. In the future, any development on the Naden Assemblage will be accessed by a new street on the easterly side of the Assemblage, running north to south from West Meeker Street to a new intersection allowing only right turns from and onto Willis Street. For these reasons, Naden Street/Avenue is no longer required for public use and the new access will be more useful to the public. D. Chapter 6.09 of the Kent City Code (“KCC”) allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on June 21, 2022 meets this requirement. E. The City must also provide notice of the Street Vacation Hearing in accordance with KCC 6.09.020. Specifically, the City Clerk must provide the following notice of the Street Vacation Hearing: (1) posting notice in 9.A.a Packet Pg. 233 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the 3 Resolution - Re: Naden Avenue Street Vacation three of the most public places in the City at least 20 days in advance; (2) posting notice in a conspicuous place on the street proposed to be vacated; and (3) mailing notice at least 15 days in advance to the owners of all parcels of land or other property abutting the street proposed to be vacated as shown in the rolls of the county assessor. This notice must state that the City is considering vacating a portion of the street and give the time and place for the Street Vacation Hearing. Additionally, the City must also solicit comments from its own departments, from utility companies, and from any others who may have a special interest in the vacation of the street. F. To meet these requirements, this resolution sets the date of the Street Vacation Hearing at the regularly scheduled City Council meeting on June 21, 2022. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Street Vacation Proposal Initiated. The City Council hereby initiates a proposal to vacate a portion of Naden Street/Avenue following notice to the public and abutting owners as required by law, and a public hearing. The portion to be considered for vacation starts approximately at the southern border of King County Parcel Numbers 2422049120 and 2422049103 and ends at the portion of Naden Avenue that the City acquired in fee simple from the Washington State Department of Transportation (Parcel No. 6000000063), and also includes the alleyways running east-west, to the south of Parcel Numbers 2422049120 and 2422049103 (“Vacation Area”). The Vacation Area is more particularly described in and depicted upon Exhibit A attached and incorporated into this Resolution. No monetary consideration for the vacation will be required. 9.A.a Packet Pg. 234 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the 4 Resolution - Re: Naden Avenue Street Vacation SECTION 2. – Public Hearing Scheduled. The City Council hereby sets the date of the public hearing for the proposed vacation to be June 21, 2022, which shall occur during the City Council’s scheduled public meeting. Following the public hearing, the City Council shall take action in regard to the vacation. SECTION 3. – City Clerk Directed. Pursuant to KCC 6.09.020, upon passage of this resolution, the City Clerk shall give not less than twenty (20) days’ notice of the time, place, and purpose of the public hearing by: (1) posting written notice of the hearing in three (3) of the most public places in the City and a like notice in a conspicuous place on the street proposed to be vacated; and (2) directing a copy of the notice and resolution to the City’s planning director who shall solicit comments from City departments, utility companies, and such others as is believed to have a special interest in the vacation. Additionally, at least fifteen (15) days prior to the hearing, the City Clerk shall mail notice to the owners of all lots, tracts, or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county assessor. The notice shall also state that if 50 percent or more of the owners of property abutting the portion sought to be vacated file written objection with the City Clerk prior to the time of hearing, the City shall not proceed with the resolution. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 9.A.a Packet Pg. 235 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the 5 Resolution - Re: Naden Avenue Street Vacation SECTION 6. – Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. May 17, 2022 DANA RALPH, MAYOR Date Approved ATTEST: May 17, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 9.A.a Packet Pg. 236 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the EXHIBIT THAT PORTION CONVEYED TO THE CITY OF KENT THROUGH AUDITOR'S FILE NUMBER246182, RECORDED IN VOLUME 3'I9 OF DEEDS, PAGE 332 IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 198 FEET SOUTH OF THE SOUTH MARGIN LINE OF MEEKER AVENUE AND 290 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE-TACOMA INTERURBAN RAILWAY; RUNNING THENCE WEST ON A LINE PARALLEL WITH THE SOUTH MARGINAL LINE OF THE SAID MEEKER AVENUE A DISTANCE OF 60 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST BOUNDARY LINE OF THE C.C. THOMPSON DONATION LAND CLAIM, TO WLLIS STREET; THENCE ALONG SAID WILLIS STREET TO A POINT WHICH IS 60 FEET EAST FROM THE WEST MARGINAL LINE OF THE STRIP OF LAND HEREIN CONVEYED; THENCE NORTH TO THE POINT OF BEGINNING. EXCEPT SR ,I67 AS SHOWN ON STATE HIGHWAY MAP SR 167, KENT: SO. 285TH ST. TO SO. 22BTH ST. SHEET 7 OF ,10 SHEETS, APPROVED 211511966. ALSO, THAT PORTION CONVEYED TO THE CITY OF KENT THROUGH AUDITOR'S FILE NUMBER 479184, RECORDED IN VOLUME 553 OF DEEDS, PAGE 536 IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 180 FEET SOUTH OF THE SOUTH MARGINAL LINE OF MEEKER AVENUE, AND 49 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE-TACOMA INTERURBAN RAILWAY; RUNNING THENCE WEST TO A POINT WHICH IS 18.3 FEET WEST OF THE WEST BOUNDARY LINE OF THE TOWN OF KENT (AS IT EXISTED lN 1906); THENCE NORTH TO THE SOUTH MARGINAL LINE OF SAID MEEKER AVENUE, PRODUCED; THENCE WEST ALONG THE SAID SOUTH MARGINAL LINE OF SAID MEEKER AVENUE PRODUCED, 14.8 FEET; THENCE SOUTH 198 FEET; THENCE EAST TO A POINT WHICH IS 49 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE- TACOMA INTERURBAN RAILWAY; THENCE NORTH 1B FEET TO THE POINT OF BEGINNING. EXCEPT SR 167 AS SHOWN ON STATE HIGHWAY MAP SR 167, KENT: SO. 285TH ST. TO SO. 22BTH ST. SHEET 7 OF 1O SHEETS, APPROVED 211511966. ALSO EXCEPT THAT PORTION VACATED THROUGH AUDITOR'S FILE NUMBER 19930222'1035, RECORDS OF KING COUNTY, WASHINGTON. CONTAINING 39,179 SQUARE FEET, MORE OR LESS u\tt9 A - J? ^loJl A 9.A.a Packet Pg. 237 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the EXHIBITSCALE: DATE:04/25/2022 1"=200' RIGHT OF WAY VACATION LOCATED IN THE NW 1/4 OF SEC 24, TOWNSHIP 22 N, RANGE 4 E, W.M.DRAWN BY:TLM IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. CITY OF KENT LAND SURVEY SECTION SR 516 Project #15-3015 39,179 SQ. FT. W MEEKER PUGET SOUND ENERGYRIGHT OF WAY PARCEL # 2422049097NADEN AVENUESR 167ALLEYALLEY 9.A.a Packet Pg. 238 Attachment: Resolution - Old Naden Ave - Street Vacation (3161 : Resolution setting June 21, 2022 as the Date for the Public Hearing on the DATE: May 17, 2022 TO: Kent City Council SUBJECT: Resolution Setting June 21, 2022, as the Date for the Public Hearing on the Street Vacation of Alleyway - Adopt MOTION: I move to adopt Resolution No. 2046, setting June 21, 2022 as the date for the public hearing on the petition for the vacation of a portion of right-of-way between Railroad Avenue S., and Bridges Avenue S. and E. Russell Street and E. Morton Street. SUMMARY: The City wishes to initiate vacation proceedings for a portion of right- of-way consisting of an alleyway situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south (“Vacation Area”). The Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to the Resolution. A street vacation extinguishes the public easement for travel (the right-of-way) over specified real property. Once this easement is extinguished, the property within the vacated area belongs to the abutting property owners, one-half to each. Vacation of this portion of right-of-way will allow the abutting property owners to close the alleyway to non-residents as a security measure. This proposed vacation impacts 14 parcels owned by private parties. No monetary consideration for the vacation will be required. The City will, however, retain an easement and the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. Chapter 6.09 of the Kent City Code (“KCC”) allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on June 21, 2022, meets this requirement. All impacted property owners will be given notice of this hearing and the City will also provide notice by posting a notice within the Street Vacation Hearing and in City Hall. SUPPORTS STRATEGIC PLAN GOAL: 9.B Packet Pg. 239 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Resolution - RR Neighborhood- Street Vacation (PDF) 9.B Packet Pg. 240 1 Resolution - Re: Railroad Avenue Neighborhood (South)Vacation RESOLUTION NO. 2046 A RESOLUTION of the City Council of the City of Kent, Washington, initiating and setting a public hearing date to consider the vacation of a portion of right-of-way consisting of an alleyway situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south. RECITALS A. The City Council of the City of Kent, Washington (“City”) wishes to initiate vacation proceedings for a portion of right-of-way consisting of an alleyway situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south. The portion to be considered for vacation (“Vacation Area”) is an alleyway that starts approximately at the northern borders of King County Parcel Numbers 382800-0085 and 382800-0090 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800-0145 and 382800-0150. The Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. B. Vacation of this portion of right-of-way will allow the abutting property owners to close off the alleyway to the public as a security measure. 9.B.a Packet Pg. 241 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the 2 Resolution - Re: Railroad Avenue Neighborhood (South)Vacation This proposed vacation impacts 14 parcels owned by private parties—Parcel Nos. 382800-0085, 382800-0090, 382800-0100, 382800-0095, 382800- 0105, 382800-0110, 382800-0120, 382800-0115, 382800-0125, 382800- 0130, 382800-0140, 382800-0135, 382800-0145, and 382800-0150. No monetary consideration for the vacation will be required. Upon vacation, the property within the limits vacated belongs to the abutting property owners, one-half to each. The City will, however, retain an easement and the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. C. Chapter 6.09 of the Kent City Code (“KCC”) allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on June 21, 2022, meets this requirement. D. The City must also provide notice of the Street Vacation Hearing in accordance with KCC 6.09.020. Specifically, the City Clerk must provide the following notice of the Street Vacation Hearing: (1) posting notice in three of the most public places in the City at least 20 days in advance; (2) posting notice in a conspicuous place on the street proposed to be vacated; and (3) mailing notice at least 15 days in advance to the owners of all parcels of land or other property abutting the street proposed to be vacated as shown in the rolls of the county assessor. This notice must state that the City is considering vacating a portion of the right-of-way and give the time and place for the Street Vacation Hearing. Additionally, the City must also 9.B.a Packet Pg. 242 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the 3 Resolution - Re: Railroad Avenue Neighborhood (South)Vacation solicit comments from its own departments, from utility companies, and from any others who may have a special interest in the vacation of the street. E. To meet these requirements, this resolution sets the date of the Street Vacation Hearing at the regularly scheduled City Council meeting on June 21, 2022. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Street Vacation Proposal Initiated. The City Council hereby initiates a proposal to vacate a portion of right-of-way situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south following notice to the public and abutting owners as required by law, and a public hearing. The portion to be considered for vacation starts approximately at the northern borders of King County Parcel Numbers 382800-0085 and 382800-0090 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800- 0145 and 382800-0150. (“Vacation Area”). The proposed Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. No monetary consideration for the vacation will be required. SECTION 2. – Public Hearing Scheduled. The City Council hereby sets the date of the public hearing for the proposed vacation to be June 21, 2022, which shall occur during the City Council’s scheduled public meeting. Following the public hearing, the City Council may take action in regard to the vacation. 9.B.a Packet Pg. 243 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the 4 Resolution - Re: Railroad Avenue Neighborhood (South)Vacation SECTION 3. – City Clerk Directed. Pursuant to KCC 6.09.020, upon passage of this resolution, the City Clerk shall give not less than twenty (20) days’ notice of the time, place, and purpose of the public hearing by: (1) posting written notice of the hearing in three (3) of the most public places in the City and a like notice in a conspicuous place on the street proposed to be vacated; and (2) directing a copy of the notice and resolution to the City’s planning director who shall solicit comments from City departments, utility companies, and such others as is believed to have a special interest in the vacation. Additionally, at least fifteen (15) days prior to the hearing, the City Clerk shall mail notice to the owners of all lots, tracts, or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county assessor. The notice shall also state that if 50 percent or more of the owners of property abutting the portion sought to be vacated file written objection with the City Clerk prior to the time of hearing, the City shall not proceed with the resolution. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 9.B.a Packet Pg. 244 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the 5 Resolution - Re: Railroad Avenue Neighborhood (South)Vacation SECTION 8. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. May 17, 2022 DANA RALPH, MAYOR Date Approved ATTEST: May 17, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 9.B.a Packet Pg. 245 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the EXHIBIT THAT PORTION OF BLOCK 2, KENT ADDITION, RECORDED IN VOLUME 2 PAGE 165 OF PLATS, RECORDS OF KING COUNTY, WASHINGTON, IN THE EAST HALF OF THE SoUTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CIry OF KENT, IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 2O.OO FEET IN WIDTH, 1O.OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE : COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK 2 AND THE EXTENSION THEREOF, L2O FEET TO THE CENTERLINE OF A 20 FOOT WIDE ALLEY, AS SHOWN ON SAID KENT ADDITION, AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE SOUTHERLY, PARALLEL WITH THE EAST AND WEST MARGINS OF SAID ALLEY, 420 FEET TO THE SOUTH LINE OF SAID BLOCK 2 AND TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CoNTAINING 8,400 SQUARE FEET, MORE OR LESS t{ /zZ /t-el7- A 9.B.a Packet Pg. 246 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the t_B-Fgg84**^Pm4.LralArmlFIaL{l-t_rt_t\)aI-t1loooqE'tnNAn<:NwRAILROAD AVE SBRIDGES AVE S@?'%t€@?'@-q,€6ffib4=aZtn@5oooI,ttI r--No/.---Lrm=ov{ozcn{@zI-lI@ooX@tcl, H r4ZK)zwg=H5r#E?aEa92iilE3f;*;=z=Ei6f;= -flmm<TgEftd3frg a>F=EFe=q!=oOrm-o= 1z<# #ou#l,EooN5NN5-rF€yz --1(nm-gA2N=zfi9frz:oimO5Tlna=E=Niilorlo4jXHz-lFzU(ncnt4ai4oozt-t-mo+6zoa=z@sL'TtmxIE-TDoot-!Tltoeo{!Tos{NoNN9.B.a Packet Pg. 247 Attachment: Resolution - RR Neighborhood- Street Vacation (3162 : Resolution Setting June 21, 202, as the Date for the Public Hearing on the DATE: May 17, 2022 TO: Kent City Council SUBJECT: Salt Air Vista Park Renovation Project Bid - Award MOTION: I move to award the Salt Air Vista Park Renovation project to L.W. Sundstrom, Inc. in the amount of $495,394.95, including Washington State Sales Tax, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Park Director. SUMMARY: This project is a renovation of Salt Air Vista Park. The project consists of installation of a new playground and swing set, new site fixtures, nature play area new plantings and irrigation, as well as construction of new stormwater improvements within the park. Stormwater work will include construction of a new rock-lined swale, culvert, and paved concrete flume. A public bidding process yielded a total of two bids, with the lowest responsible bidder being L.W. Sundstrom, Inc. The Engineer’s estimate for this project is $375,000 - $425,000 BUDGET IMPACT: Expense impact to the Salt Air Vista Park Renovation capital budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 05172022 Salt Air Vista Renovation Award EXHIBIT (PDF) 10.A Packet Pg. 248 PROJECT NAME: Salt Air Vista Park Renovation PROJECT #: PK20-07 ENGINEER’S ESTIMATE: $375,000 - $425,000 BID DUE DATE & TIME: Friday, 5/06/2022, 2:00PM BID OPENING DATE & TIME: Immediately After Due BID OPENING LOCATION: Kent City Hall, First Floor ADDENDA: 1 Bidder Name Bid Amount Bid Bond Addenda Green Tech Excavation Inc. $ 655,095.00 X X L.W. Sundstrom, Inc. $ 495,394.95 X X $ $ $ $ $ $ $ $ *Apparent Low Bidder: L.W. Sundstrom, Inc. * All bids require review by City of Kent staff. Awarded contractor will be notified directly. 10.A.a Packet Pg. 249 Attachment: 05172022 Salt Air Vista Renovation Award EXHIBIT (3163 : Salt Air Vista Park Renovation Project Bid - Award) KENT PROJECT NAME: PROJECT #: ENGINEER'S ESTIMATE: BID DUE DATE & TIME: BID OPENING LOCATION: Salt Air Vista Park Renovation PK20-07 $375,000 - $425.000 FridaV, 5 I 06 12O22, 2 :OOPM Kent City Hall, First Floor BID OPENING Immediately DATE & TIME: After Due ADDENDA: 1 Bidder Name Bid Amount Bid Bond Addenda 6nern TUth, txr,ruahon Irru $ 1s55, OqSq ,/ L.t,tl. $undttvUrr, lnc.$ q95,3qq.5 $ $ $ $ $ $ $ $ 1-. k) .,9lthcxApparent Low Bidder: x All bids require review by City of Kent staff. Awarded contractor will be notified directly Kent City Clerk Rkcords [\NohNbL\\€h, Adru,"in 10.A.a Packet Pg. 250 Attachment: 05172022 Salt Air Vista Renovation Award EXHIBIT (3163 : Salt Air Vista Park Renovation Project Bid - Award)