Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 06/15/2021 KENT CITY COUNCIL AGENDA Tuesday, June 15, 2021 7:00 PM THIS IS A REMOTE MEETING Due to COVID-19 and Health Safety Requirements, and by Order of the Governor, this is a remote meeting. 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 985 5363 4350 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation for Juneteenth 2. Appointment to Parks and Recreation 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 June 15, 2021 C. Councilmembers' Reports 6. PUBLIC HEARING 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. 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 - Jun 1, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 1, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun 8, 2021 4:00 PM B. Payment of Bills - Authorize C. Kent Lions Club Sublease for Perkins Site - Authorize D. Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize E. Resolution Adopting the 2022-2027 Transportation Improvement Program - Adopt F. RailPros Field Services, Inc. Amendment No. 3 for South 228th Street Union Pacific Railroad Grade Separation - Authorize G. Content Management System Contract with Granicus, LLC for Website Redesign - Authorize H. Easement Exchange - Naden Avenue Assembly - Authorize I. American Rescue Plan Act (ARPA) Framework Committee Recommendation - Adopt J. Accept the Upper Mill Creek Dam Improvements and Diversion Structure Replacement Project as Complete - Authorize K. Appointment to the Kent Parks and Recreation Commission - Confirm City Council Meeting City Council Regular Meeting June 15, 2021 9. OTHER BUSINESS 10. BIDS A. Downey Side Channel Restoration Phase 4 Excavation Bid - Award B. 2021 Storm Sewer Cast-in-Place Pipe Lining Bid - Award C. Mill Creek Culvert Cleaning Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) B. Collective Bargaining, RCW 42.30.140(4)(a) 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. wHEREAS, wHEREAS, wHEREAS, wHEREAS, wHEREAS, wHEREAS, WHEREAS, PROCLAMATION on New Year's Day, January 1, 1863, using his war powers as President, Abraham Lincoln signed the Emancipation Proclamation, providing that all persons held as slaves within any State or designated part of a State "shall be then, thenceforward, and forever free;" and almost 2Vzyears later, Major General Gordon Granger arrived in Galveston, Texas, and announced the end of both the Civil War and slavery; and the story and influence of James Edward Shepperson, who settled in Roslyn, WA in 1888, inspired many others to flee the south at great risk and pursue new opportunities in Washington state as miners; and we think about the moment in 1BBB when 300 Black men from Virginia, North Carolina, and Kentucky were determined to escape the terrorism of the post-Civil War South as they boarded trains for the Washington territory and settled in King County mining camps; and Texans began the celebration of Juneteenth in 1866, with community events such as parades, cookouts, prayer gatherings, musical performances and historical cultural readings; and we acknowledge African American freedom, contributions, and achievements within this community, past and present; and we appreciate the African American experience and celebrate the inclusion of all races, ethnicities, and nationalities; and WHEREAST w€ commit to working together to achieve equity for all. NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim June 19, 2021 to be Juneteenth 2O2L in the City of Kent, and I encourage all citizens to join me in this celebration. In witness whereof, I have hereunto set my hand this 15th day of June 2O2L. KENT WASHINGToN Mayor Ralph 4.A.1 Packet Pg. 4 Communication: Proclamation for Juneteenth (Public Recognition) Page 1 of 8 Administration • City offices will be closed Friday, June 18, for the Juneteenth holiday. • We’re going to resume City Council meetings in person on July 6 (and of course continue to broadcast them live on KentTV21, Facebook, and YouTube). We expect the governor will rescind his Covid- 19 proclamations on June 30. We have a contingency plan if he keeps them in place: o City officials/employees will follow city policy regarding masks o Members of the public who show proof of vaccination status can forego masks and enter Council Chambers; others will need to wear masks in the lobby and maintain six feet of distance from non- household members o We’ll have a remote option for public comment • We’re working toward a date to reopen city offices to the public this summer. We’ll restrict public access to upper floors and provide customer service on ground floors. • The ARPA Committee presented its framework recommendations to the City Council on June 8. The committee recommends the city use the first $10 million to backfill lost revenue and invest it strategically in the budgetary funds that need the most support to stay healthy and then invest 50% of the remaining funds in economic development, 25% in human services and equity, and 25% in infrastructure. • The City Council continues to work its way through an ordinance to govern the city’s advisory boards and commissions. Federal Way Link Extension • Kent Des Moines garage slab on grade pours are scheduled to begin June 16 and will be completed the week of June 21. • The last five columns at the north end of 30th Ave. S. are being constructed. • Girder access pads are being prepared for girders to be set between the future S. 238th St. and S. 240th St. • Clearing and grading between the Midway Landfill and the S. 259th Place is complete. • Utility work in the Star Lake Station area is ongoing; traffic impacts will occur. • Columns for Structure Z (guideway over S. 272nd St.) are scheduled for construction the weeks of June 14 and June 21. • Excavation of the of the Star Lake pond is complete. • Excavation for the Star Lake Garage is scheduled to begin June 11. • Curve wall on S. 270th St. and 28th Ave. S. will be complete June 15. • Final permits for Star Lake Garage and Kent Des Moines Station are expected to be issued by June 15. Final permits for Star Lake Station are expected to be issued by the end of June. • Staff is reviewing several permit revisions for the project which was expected as a part of the design build process. • Sound Transit has issued a call for artists to be include on the Kent Des Moines Station artwork. For more information, contact info@resite-studio.com ADMINISTRATION June 15, 2021 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 8 Race and Equity • Commander Robert Hollis and the Interim Race & Equity Manager have joined DEI managers from Auburn and Federal Way to create a South King County DEI Network. The network will facilitate the exchange of information like DEI best practices. The early focus will be on moving forward a regional conversation on race & equity. • The Race & Equity Core Team met for the second time this year. The Core team will be analyzing and incorporating community definitions of equity into the vision, mission and goals, as well as expected community outcomes. • The Cultural Awareness and Racial Equity (CARE) employee resource team continues to meet on a monthly basis. The theme for June’s meeting will be implicit bias. July’s meeting will focus on bystander training. August’s meeting will focus on gender equity. We will be discussing voting rights for the month of September. • Met with Sound Transit to review and edit drafts from their consultant’s analysis of private market feasibility. • Attended a series of meetings on the new competitive funding opportunity by the state Department of Commerce to catalyze and/or create more formal industrial clusters to improve economic growth and productivity. Participating in the discussion were DoC’s lead innovation staff and their expert industrial cluster consultant from Norway. City of Kent staff are advising on “new space,” “food manufacturing,” “autonomous vehicles,” and other manufacturing table ideas. • Staff are working with regional partners to interview consultants for an aerospace supply chain analysis and policy study to be funded by King County’s American rescue plan dollars. • Staff are reviewing the scope of work for the state’s manufacturing extension partnership funded by Workforce Development Council of Seattle – King County on creating a manufacturing employers table to guide workforce and strategic policy in the region and become more of a clearinghouse for federal grants. This is an outcome of several months of industry engagement committee participation. • Staff continue to unearth and advise job training organizations with longer term facility needs to the potential opportunity presented by the Naden Ave property, as envisioned by Avenue55; as well as communicate with University of Washington faculty and administrators about its potential to advance mutual goals. • Economic development accompanied a local architect, now on-call for assistance to microenterprise, on a walkthrough of the Titusville station building downtown to talk about Café Ubuntu/Project Feast’s expansion plans. • Economic development remains involved in regional discussions about federal funding opportunities to increase and refine technical assistance programs for small businesses. Specifically advocating for community navigators in south King County to help its business owners access the new loan products the state is developing with a network of CDFIs (community development financial institutions). Proclamation 20-23 prohibiting utility shutoffs is set to expire on July 31st. Customer Service has scheduled a meeting with some of our surrounding cities for June 10 to discuss the impacts of this moratorium ending. Agenda topics will include payment arrangements, customer notification of the moratorium expiration, and utility assistance programs. Workday • Juneteenth holiday is now set up • Providing additional Workday training for Parks Management and Department Liaisons on June 29th ECONOMIC AND COMMUNITY DEVELOPMENT FINANCE HR 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 8 • We’ve had 145 items logged on the issue tracker: 83 closed, 20 in progress and 42 are open • Statistics: o 6084 - total number of business process events initiated during the selected month. o 80 - total number of business processes completed including new hires, terminations and job changes. o 70 - total number of employee benefits business processes completed in the selected month. This includes retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility. o 225 - total number of business process events that were initiated by a manager during the selected month Benefits • Launched online vaccination attestation tracker on May 27 in compliance with L&I masking guidelines; 315 have attested as of June 8, 2021 • Finalized annual information for State Risk Management Office and received approval for continuation of self-insured benefits plans • Submitted annual Patient-Centered Outcomes Research Institute (PCORI) fees to IRS for our self-insured plans • Congratulations to the “Step Into Spring” Wellness Challenge Winner: A Whole Lotta NOPE! o Total participants/steps – 119 employees, 19 teams, 52.8 million steps Labor • KPOA negotiations began June 8 • AFSCME labor management on June 8 Recruit • Sergeant eligibility list established June 11 • Central Financial Analyst interviews concluded on June 8 • Public Works Deputy Director interviews were conducted on June 10 • Partnering with Parks and Public Works to streamline/LEAN the temporary hiring/onboarding process Lean/Government Performance o Lean Yellow Belt Certification (2-week certification course) Learn how to apply Lean improvement methods using examples from your actual job! o Multisession course June 15–June 24: 2-hr sessions on Tues, Wed, Thurs (8am-10am). o Manager approval required. Please see additional enrollment details on course page. Information Technology Projects • Multi-factor authentication deployment – to provide an additional level of security by enabling a service that confirms that "you are, who you are" when logging into a device or application. • Laserfiche mass conversion - to deliver the replacement for the current imaging system which consists of Captovation/ eCapture for scanning and imaging, and Oracle IPM for image storage and retrieval. Replacement of the aging imaging system will also provide opportunities for delivering enhanced capabilities and efficiencies to the city in areas such as a self-service web-based portal to support public records requests, electronic forms and process automation, and review/clean-up of the existing repository. Information Technology operational support for June 1, 2021 to June 8, 2021 • Number of tickets opened – 142 • Number of tickets closed – 199 Enterprise GIS General: • Editing the address database for Amanda implementation • Testing the functionalities of Nearmap • Working on the rearchitected plan for GIS system citywide • Business license user testing • Attending the WAURISA conference Weekly Customer Service Requests: • ESRI Software installations • Address and Parcel monthly update • Finished negotiations with Puget Sound Energy on an easement exchange to benefit the redevelopment of the Naden Area. The City will relinquish an old, IT LAW 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 8 unusable access easement in exchange for a new slope easement to support the construction of a new street. • Assisted in drafting and negotiating a new franchise with Olympic Pipeline Company, LLC, which will be presented to Council at its June 22 Committee of the Whole meeting. • Began discussion with Council concerning a draft ordinance that establishes code provisions that will apply to all appointive boards and commissions with the City. • Worked with HR to establish a process to comply with new state rules that allow vaccinated employees to work at the City without having to wear a mask. • Established a procedure for use by the Kent Police Department to meet the requirements of new state legislation that requires officers to offer drug treatment alternatives in lieu of criminal charges for drug possession charges (heroin, PCP, methamphetamine, marijuana) to those who voluntarily agree to seek treatment. • Prosecutors filed 52 in-custody cases, 158 out-of-custody cases during the month of May and attended 67 court calendars. The average defendant failure to appear rate was 19.8%. • The Law Department is currently conducting interviews to fill two open prosecuting attorney positions. • Continued to assist the Clerk’s office with public records requests, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. Recreation and Cultural Services • Staff are busy preparing to “unleash” fun mobile recreation & nutrition education around the city this summer as The Playground & H.E.R.O. Program combine efforts to offer free sports, games, and activities at parks and apartments. • Adaptive Recreation had a successful scaled back summer registration day. All classes are filled and currently have waitlists. Participants and instructors are happy to be returning to programs and getting back to some normalcy. • The Danny Pierce Mural, “Fire at Fred’s Place” on Meeker Street will undergo routine maintenance in June to restore faded and peeling paint. • The 2021 Summer Concert Series schedule has been announced on our website, in the Parks e-newsletter, and via social media. Twelve concerts will take place over the months of July and August. “Wednesday Picnic Performances” will feature entertainment for kids and their families staring on July 7 at noon at Morrill Meadows Park (a new location for 2021). “Thursdays at the Lake” will bring music to Lake Meridian Park at 7:30 p.m. starting on July 8. Staff is working to develop operating policies and procedures to respond to changing COVID guidelines. • An in-person version of the popular Cornucopia Days 5k community run will return on July 10 at Three Friends Fishing Hole. The race will take place from 9 a.m. to noon and registration is now open. • The Kent Creates “Hope Blooms” online exhibit encourages artists and creative makers to submit projects that are inspired by the theme of hopefulness and spring blossoms. Artwork can be submitted at KentCreates.com. The deadline is June 30. Human Services • Staff continues to meet with representatives of refugee resettlement agencies to discuss impending refugee arrivals. Kent and South King County are expecting the numbers of families arriving to increase over the next several months. Staff arranged for a facilitated discussion at the Kent Community Partner meeting on Tuesday, June 15 to hear an overview of resettlement from Sarah Peterson with the Office of Refugee & Immigrant Assistance. Representatives from several resettlement organizations will also attend and share PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 8 more about their services, including Diocese of Olympia - Refugee Resettlement Office, World Relief, Lutheran Community Services NW, and Jewish Family Services. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Officer Doug Hicks resigned May 10. • HJ Barnett separated from employment May 27. • Officer Arturo Aguirre resigned June 8. Significant crime activities/arrests /investigations • On May 25, at 11:13 am, there was an armed robbery at Metro PC, 23233 Pacific Highway South. $600 and a safe were taken. An extended Glock magazine was dropped by one suspect and recovered at the scene. Two suspects fled in a vehicle and were not located. Detectives are investigating. • On May 26, at 12:13 am, a suspect went inside the closed Safeway at 13101 SE Kent-Kangley Rd. and selected numerous items. He was informed the store was closed and he needed to leave. The suspect then picked up a bottle and threatened to hit the employee over the head with it before taking out a fixed blade knife from around his neck and stated, "You don't want to fuck with me". He eventually left the store with his unpaid merchandise. Officers located his vehicle at Birchcreek and narrowed down his residence. Officers then located the suspect hiding behind his residence in the shadows. He was booked into King County Jail. • On May 29, at 10:06 pm, officers responded to a male subject with a rifle being held down by two people at Berkeley Heights Apartments. Officers arrived to find two victims holding down the suspect. The suspect had exited his apartment and pointed a rifle at the renters and guests of A201, because they were being loud. Most of the people scattered in different directions. Several people went inside A201 and the suspect kicked their door open. However, the suspect stumbled in the hallway and fell to the floor. This is where the victims began holding him down. The suspect was booked into King County Jail for Burglary and Harassment. There were no injuries. • On June 3, at 10:56 pm, officers were dispatched to a man shot in the 13500 block of Kent-Kangley Road. A car was located in the roadway and the driver was sitting on the curb with a scratch on his arm where the bullet grazed him. The lone male occupant of the car was extremely uncooperative to start but eventually revealed that he had been in a race from the light at 132nd with a small SUV. The front passenger fired at him multiple times. Detectives are investigating. • An organized retail theft suspect has been committing scams all over the area from small businesses claiming to be a vendor wanting a refund for expired products. The suspect was featured on Washington's Most Wanted in March of 2021 for stealing/ scamming victims out of nearly $100k. At that time, she was taken into custody, but she was released shortly thereafter, and continued her criminal behavior. Detectives are investigating. Events and awards • On March 3, 2021, at 1:01 pm, Officers were dispatched to a welfare check of a subject who had been requested to de- board a DART bus. The driver advised the passenger was confused and trying to flag down people passing by. Upon arrival, Officer Roland Heyne contacted Mr. Clark. The DART supervisor informed Officer Heyne that Clark had made suicidal statements and requested Officers to take him to the hospital. When speaking to Clark, Officer Heyne noticed he was highly agitated, twitching and talking of voices and people who were not present. Clark then told Officer Heyne he wanted Officers to kill him. As Sergeant Tom Clark and Officers Dave Ghaderi, Trevor Blake, Joel Makings and Jace Sloan arrived, they took positions of cover and began assembling resources, i.e., Fire and Tri-Med. At one point in the incident, Clark armed himself with a piece of undercarriage from a motor vehicle and threatened Officers with it. He repeatedly asked them to shoot him. POLICE 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 8 Sergeant Clark then began directing Officers into place, so they could safely take him into protective custody. Sergeant Clark and Officers Heyney, Ghaderi, Blake, Makings, and Sloan were commended for their teamwork, de-escalation tactics, professionalism, and communication which led to the subject receiving the medical services he needed and further harm was averted. Their actions reflect the mission of the Kent Police Department well and They are worthy of this commendation. Land Survey/ PW GIS • Field staff provided construction support and staking on active capital improvement projects, including the West Hill Reservoir. Topographic design surveys were performed at multiple sites for the East Valley Highway overlay project. • Professional staff reviewed CIP project plans, calculated various portions of City right of way, drafted a record of survey for the recently completed 224th Phase I and Phase II corridor projects. • PW GIS staff is adding the 2020 Aerial Imagery City GIS web mapping. Fulfilled public records requests, entered infrastructure utility project as-builts and performed regular data base maintenance tasks. Design • 2021 storm lining: project advertised May 25. Bids open June 8. To Council on June 15. • 224th mitigation & remediation: preparing plans and provisions for advertisement in June/July. Review of remediation plans and estimate underway. Packaging plans and provisions. • East Valley Highway slump: continuing negotiating with King County Wastewater Treatment Division (KC WTD) on an interlocal agreement. Met June 4 to discuss strategy to get through the agreement, and details needed. Team resurrecting earlier design to prepare exhibits for KC WTD interlocal agreement. Preparing 30% plans for review mid-June. Field meeting with KC WTD schedule for June 11. • 76th Ave North: staff to start design to determine right of way and/or temporary construction needs and project phasing with the Mill Creek 76th Ave flood protection project. Design work has started. Developing schedule for design and ROW. • Meet Me on Meeker at 64th intersection (Design Only): received formal documentation from PSRC of the grant award to the City. Took motion to Committee of the Whole to accept PSRC grant June 8. Design to begin after grant has been accepted. Obligation documents reviewed by WSDOT and ready Mayor’s signature once acceptance of funds is approved. • West Hill Reservoir mural: an RFP is being finalized to send out for an artistic contract to paint a mural on the tank. • Signature Pointe projects: after a number of successful meetings between the Mayor and Flood Control District members of the Executive Committee, we have been asked to submit our levee preliminary 30% design to the Executive Committee for their review and approval at their June 16 meeting. Additional habitat areas were recently added to the project and will be included within this design submission. Revised drawings have been submitted to the City and are under review for anticipated delivery by June 8. Preparing for the next ILA for additional design, easement/property acquisition(s), and permit submission. • Mill Creek at 76th Ave flood protection improvements: Working with Right of Way team to acquire remaining construction easements. Additional design work is necessary to support negotiations. Permits are critical path for the project with the separation of the project from the Mill Creek re-establishment project at the recommendation of the CORPS. Consultant has been secured to update the biological assessment and JARPA. SEPA is being revised. Team meeting with ECD to discuss process and timeline. • Skyline sanitary sewer: preparing plans for permit submittal for gravity line in the northbound shoulder. Will maintain existing PUBLIC WORKS 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 8 force main as a backup system. Preparing plans for permit submittal to SeaTac by mid-June. Construction • Willis Street and 4th Ave S roundabout: punch list work is ongoing. Work on the new LED message board is suspended for material procurement. Due to these long lead materials, the final installation is expected to be complete by the end of June. • James Street and 2nd Avenue pedestrian crossing: grinding and repaving James St and 2nd Ave was completed over the weekend. Contract work will be suspended until July for procurement of electrical materials. • West Hill Reservoir: offsite underground utility installation is ongoing. Connection to existing water system scheduled for Friday night (6/11). Stormwater detention system installation is ongoing. 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. • S. 212th Street preservation – 72nd Ave S to 84th Ave S: work is proceeding this week (Monday, June 7). Mobilization, demolition, and prep/installation of new curb ramps are underway. Eastbound and westbound curb lanes will be closed to traffic daily during the daytime while work is taking place. Environmental • Lake Meridian outlet – City has been working on addressing residents’ concerns about lake water level and we are looking at the operation of the labyrinth weir at the outlet. We will have options and a recommendation for updated operation of the weir by the end of summer. • 2021 environmental/stormwater construction - we had a big bid opening day on June 8. The Downey Farmstead restoration Phase 4, and Mill Creek culvert cleaning and Summit Landsburg Road culvert replacement projects all opened bids and will be proceeding to the City Council meeting on June 15 for authorization to award. • Solid Waste Program: The 2nd big recycling event for 2021 happened Saturday, June 5 at Kent Phoenix Academy and had a good turnout in spite of the weather. Streets • Street maintenance crews ground, prepped and paved roadway on N Kennebeck, ground and paved roadway on 132nd Ave SE and W James St, cleaned traffic islands on 42nd Ave S, Frager Rd, Lincoln Ave S, SE corner of SR 516 and SE 260th St, hot patched driveway repair on S 259th Pl and ground for paving and hot patch overlay on 114th Ave SE. • Signs and Markings crew installed signs for the retro-reflectivity program on 129th Ave SE and 127th Ave SE, installed bases and signs on Riverview Blvd and sign maintenance on the East Hill, West Hill, Valley North and Valley South. Solid Waste crew removed debris on Hwy 516 and Lake Fenwick Rd. • Water Vegetation crew mowed and line trimmed at West Hill sites. Street Vegetation crews have mowed, line trimmed and picked up litter along Reith Rd and SE 256th St. The Sidearm crew were mowing on Kent Kangley, 124th Ave SE, Pac Hwy, 5th Ave S, 1st Ave S, S 208th St and the Panther Lake area. The Wetland Mitigation crew assembled completed irrigation and line trimmed at KOA, completed irrigation at Downey and line trimmed, removed weeds and litter at 72nd Ave site and Frager Rd and mulched at Hytek site. The Wetland Maintenance crew mowed and line trimmed at Redondo on 27th Ave S, Maplewood Grove on 108th Ave SE, Countryside on 132nd Ave SE, Tahoma Vista on 133rd Pl SE, Country Club North on 136th Ave SE, Meridian Meadows on 128th Ave SE, Pacific Park on 152nd Ave SE, Meridian Pacific on 152nd Ave SE, Nancy’s Grove on 145th Ave SE, Linda Crest A and B on SE 201st Pl, Linda Heights Highlands A and B on 127th Ln SE, Tahoma Vista on 133rd Pl SE, Pacific Park on 152nd Ave SE and Nancy’s Grove on 145th Ave SE. The Holding Pond crew mowed and line trimmed at Canterbury Greens on SE 264th St, Seven Oaks addition on SE 263rd St, Meridian Meadows on 128th Ave SE, Bayberry Crest on SE 256th St, Dover Park on 124th Ave SE, Kenatco on SE 256th St, 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 8 Hemlock Acres #17 on SE 240th St, Fern Crest Division 3 on 135th Ave SE, Village Creek Estates on SE 248th St, Highland Estates on SE 263rd St, Meridian West on SE 264th Pl, Rhododendron Estates on 124th Ave SE, Burkhardt Heights on SE 270th St, McHugh on SE 256th St, Locust Lane on SE Kent Kangley, McKenna Meadows on 124th Ave SE, Highland Park on 132nd Ave SE, Mulder Plat on 124th Ave SE, Mill Creek Pump Station on 104th Ave SE, Lindental Pump Station on 118th Pl SE, James St on E James St, Horseshoe Sewer Pump Station on S 261st St, Horseshoe Storm Pump Station on S Central Ave, 3rd Ave Storm Pump Station on 3rd Ave S, Linda Heights Sewer Pump Station on S 248th St, Victoria Ridge Sewer Pump Station on 272nd Pl S, Lake Fenwick Pump Station on Lk Fenwick Rd, Skyline Sewer Pump Station on S 222nd Pl, Kentview Pump Station on Frager Rd S, Frager Rd Pump Station on Frager Rd S, Foster Park Pump Station on 74th Ave S, Union Pacific Pump Station on S 260th St, Washington Ave Pump Station on S 251st St, 81st Ave Storm Pump Station on 81st Ave S and 84th Ave Storm Pump Station on 84th Ave S Water • Water staff are beginning our Shops Inc water main installation project on 45th Ave S, north of S 254th St. Project includes 400-feet of 8-inch ductile iron water main and associated water services. The 2020 Annual Water Quality Report just finished up final draft review and is ready to publish prior to our July 1st deadline. Staff are preparing for a sanitary survey with the Department of Health. Sanitary surveys occur every 5-years and consist of reviewing records, operation and maintenance activities, monitoring plans, and visiting water facilities to look for deficiencies that could impact public health. Storm/Sewer • Storm crews were performing ditch maintenance at S 270th St, hydro excavated on S 212th St, set up traffic control for a dive inspection on 76th Ave S, manhole change out on 4th Ave S and E Gowe St, cleaned for TV-ing on 110th Ave SE, culvert replacement on S 228th St and marked for locates. The crew have performed National Pollutant Discharge Elimination System (NPDES) assessing on S 256th St, Pac Hwy, S 254th Pl, S 268th Pl and Military Rd and pumping on State Ave N, 1st Ave S and Railroad Ave N. • Sewer crews TV’d for existing Sewer and Storm 2022 overlays, cleaned lines on S 212th St and cleaned wet wells. Fleet/Warehouse • The Warehouse crew continues to maintain the shops yard keeping it clean and picked up and maintaining the wash rack, assisting with CDL training, issuing personal protection equipment (PPE’s), issue hydrants and public notice boards to contractors, repairing small equipment as needed, receiving parts and inventory orders, manually open and close broken East gate, completed physical inventory counts, ordered stock to balance inventory and prepped for a recycle event. • Fleet crews worked on ordering and setting up new vehicles, sending vehicles and equipment to auction, scheduled and non- scheduled maintenance and City Space write ups. The Radio Shop was programing radios and setting up new vehicles. ### 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes June 1, 2021 Date: June 1, 2021 Time: 5:04 p.m. Place: THIS IS A REMOTE MEETING I. CALL TO ORDER Council President Troutner called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Transportation Sustainability Dave Brock Rob Brown 45 MIN. The Transportation Sustainability update was provided by Deputy Public Works Director of Operations, Dave Brock and Transportation Engineering Manager, Rob Brown. Brock provided a review of completed projects, both contracted and in- house. The pavement resurfacing/repair accomplishments 2013-2020, paid for with B&O Tax and Solid Waste Utility Tax funds, were displayed. Brock updated the Council on the 2021 project list and future project list, the life spans of roadways, the pavement condition index, potholes, and damages to street from flooding were explained. Consideration is being given to transitioning roadways from asphalt to concrete. Brock reviewed recent completed concrete roadway projects. Brock reviewed the sidewalk inspection and monitoring project and detailed residential and non-residential sidewalks in need of repair. 2021 Crack seal work, line striping and raised pavement markers, plastic markings, guardrail maintenance, signs and markings projects, bridge/overpass maintenance and right-of-way vegetation maintenance were detailed. Brown reviewed the American with Disabilities Act Transition Plan for the 8.A.1 Packet Pg. 13 Minutes Acceptance: Minutes of Jun 1, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 1, 2021 Kent, Washington Page 2 of 2 public right-of-way. Brown reviewed ADA improvements that have been completed and are scheduled for crosswalks and sidewalks and traffic signals. A review of traffic volumes on SR 167 and I-5 from March 1, 2020 to May 1, 2021, in addition to the 2018 average daily traffic count were provided. Brown advised WSDOT's work on the Puget Sound Gateway SR 509 completion project will include completion of the Veteran's Drive extension onto I-5. Brown provided information on the traffic signals and street light inventories, intelligent transportation system, traffic signal maintenance and repair, traffic signal pole replacement, span wire traffic signals, traffic signal controllers cabinet replacement, uninterruptable power supply cabinet installations, central traffic signal controller system, traffic signal communications, traffic cameras, traffic loops, accessible pedestrian signals and leading pedestrian intervals, additional street lights needed, copper wire theft, and the decorative lighting program. Brown provided examples of traffic calming projects and how to apply for the program and closed by updating the council on the status of the Quiet Zone projects. 2 Boards and Commissions Ordinance Derek Matheson Tammy White 45 MIN. Chief Administrative Officer, Derek Matheson provided a recap of the direction that Council provided regarding boards and commissions during the February retreat. Deputy City Attorney, Tammy White started to walked the council through the proposed ordinance and took note of requested revisions. The review of the ordinance will continue during the June 8, 2021 Committee of the Whole. Meeting ended at 6:35 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 14 Minutes Acceptance: Minutes of Jun 1, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes June 1, 2021 Date: June 1, 2021 Time: 7:00 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. I move to approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Paralegal and Policy Analyst, Kelly Finn as the June employee of the month. 2. Recognition of State Legislators Briahna Murray with Gordon Thomas Honeywell Government Affairs is the City’s contracted lobbyist. Murray provided a recap of the accomplishments from the recently completed legislative session. Senator Mona Das expressed appreciation of the collective effort to ban Styrofoam and plastics. 8.A.2 Packet Pg. 15 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 2 of 8 Representative Entenman is proud of the work accomplished on the police accountability task force and sponsoring legislation that will create the independent investigative body. Senator Keiser’s favorite bill was the Health Equity Zones bill that focuses on communities of color that have disparate health outcomes. Representative Orwall is proud of HB1477 that will help support people in crisis. Representative Gregerson is proud of the budget that includes rental assistance. Senator Hasegawa is proud of the Joint Legislative Audit and Review committee and its mission to review all audits through a racial equity lens and make sure all programs have equity built into them. Representative Bergquist, through his daughter, thanked everyone for passing a really good budget that helps a lot of people. Rep Hackney is proud of the $411M investment into broadband that will make a difference bridging the digital divide. Mayor Ralph expressed her appreciation of all senators, representatives, Murray and Holly Cocci. All Councilmembers expressed their appreciation of the work done by all legislators. 3. Recognition of the Marbella Neighborhood Council Communications Engagement Coordinator, Cassie Fowler provided details on the Marbella Neighborhood Council. 4. Proclamation for LGBTQIA+ Pride Month Mayor Ralph presented the Proclamation for LGBTQIA+ Pride Month. B. Community Events Council President Troutner advised of the upcoming Summer Recycling event from 9 a.m. - 3 p.m. at the Kent Phoenix Academy on June 5th. Visit KentWA.gov/talking trash for additional details. Councilmember Fincher invited the public to attend the virtual International Festival on June 5th and the virtual Juneteenth event. Mayor Ralph advised the City will be observing Juneteenth on June 18th. 8.A.2 Packet Pg. 16 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 3 of 8 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves on the Puget Sound Regional Council Executive Committee that recently discussed the Regional Aviation Baseline Study and the Regional Housing Strategy. Mayor Ralph advised that, due to difficulties recruiting lifeguards, the lifeguard program at Lake Meridian is canceled for this year. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised that Council committees will return in September and details regarding appointments are in today’s agenda packet. All meetings will be held on Mondays at 4 p.m., with the exception of the Operations and Public Safety Committee that will meet on the first and third Tuesdays at 4 p.m. Matheson indicated the ad hoc American Rescue Plan Committee has met three times, finalized their work and will present their recommendation to the Committee of the Whole on June 8, 2021. Uri Varela is the City’s Interim Equity Manager. He recently gave a presentation on the Equity Plan to the ministerial program that has requested another update later this year. Matheson’s report is in today’s agenda packet and there is no executive session. C. Councilmembers' Reports Council President Troutner provided a recap of the Transportation Sustainability Update and the start of the review of the ordinance regarding boards and commissions. Troutner serves on the Regional Law Safety and Justice committee that discussed new legislation and their impacts on the justice system. Troutner serves on the Regional Transit Committee that discussed policy changes and updates. The interim general manager at Metro starts June 1st, and for a period of time, ORCA cards will be free to youth 16-18 years of age. Orca cards can now be reloaded with cash. Council Member Michaud held her first "Convo with the Council." Michaud and her son handed out masks at the Kent station, and she completed her Community Police Academy training. Michaud expressed appreciation of the police department staff that organize and conducted the training. 8.A.2 Packet Pg. 17 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 4 of 8 Michaud serves on the Human Services Commission that heard a presentation from Orion Industries. Orion has an apprenticeship program that focuses on providing opportunities for people with disabilities. There was a presentation from World Relief Seattle on the Hilltop Garden program. The Commission is in the process of reviewing applications for round three of the CDBG Coronavirus funds. Councilmember Kaur serves on the Growth Management Planning Council that recently discussed countywide planning policies. The council discussed affordable housing and contemplated how to ensure surrounding counties provide affordable housing. Councilmember Larimer serves on the King County Affordable Housing Committee that is unveiling the new affordable housing dashboard. Visit KingCounty.gov to access the King County Affordable Housing Dashboard. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet tomorrow at 5:30 p.m. Call 253-856-4300 for details on how to attend the meeting. Councilmember Fincher serves on the King Conservation District and advised the District is going through a reorganization. Fincher provided information on the upcoming summer concert series and encouraged everyone to participate in the Kent Creates art contest. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Ishbel Dickens, a Seattle Resident and employee of the Association of Manufactured Homeowners, expressed her appreciation of the great work done by staff, including Hayley Bonsteel, and Berk Consulting in coming up with recommendations and strategies in the Kent Housing Options Plan, Manufactured Housing community preservation. Lindsey Young, a Kent resident and Kent grocery worker requested council pass a hazard pay ordinance for grocery workers. 8. CONSENT CALENDAR I move to approve Consent items A-K. 8.A.2 Packet Pg. 18 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 5 of 8 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Special Meeting - May 7, 2021 8:30 AM 2. Council Workshop - Workshop Regular Meeting - May 18, 2021 5:00 PM 3. City Council Meeting - City Council Regular Meeting - May 18, 2021 7:00 PM 4. Committee of the Whole - Committee of the Whole - Regular Meeting - May 25, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: Approve the payment of bills received through 5/15/21 and paid on 5/15/21 and approve the checks issued for payroll 5/1/21-5/15/21 and paid on 5/20/21, all audited by the Committee of the Whole on 5/25/21. C. U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Funds - Authorize MOTION: Move to authorize the Mayor and/or Finance Director to sign agreements necessary to accept the American Rescue Plan Act funds from the U.S. Department of the Treasury, which will include, but is not limited to the Coronavirus Local Recovery Fund Acceptance of Award Terms for the maximum amount allocated to the City of Kent, subject to final terms and conditions acceptable to the Finance Director and City Attorney. D. Kent Housing Options Plan - Adopt MOTION: Move to Adopt the Kent Housing Options Plan. E. Repeal Ordinance 4399/Chapter 10.03 KCC Which Established 40-Day Additional Notice for Termination of Month-to-Month Rental Agreement - Adopt MOTION: Move to adopt Ordinance No. 4405, repealing Chapter 10.03 of the Kent City code entitled, “Residential Landlord- Tenant Regulations.” F. Consultant Services Agreement with Jacobs Engineering Group, Inc for the Green River Natural Resources Area Stormwater Pump Station Project - Authorize 8.A.2 Packet Pg. 19 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 6 of 8 MOTION: Move to Authorize the Mayor to sign a Consultant Services Agreement with Jacobs Engineering Group, Inc. for the Green River Natural Resources Area North Stormwater Pump Station project, in an amount not to exceed $280,782.92, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. 2021 Street Sweeping Services Agreement with McDonough and Sons, Inc - Authorize MOTION: Move to authorize the Mayor to sign a Street Sweeping Services Contract with McDonough and Sons, Inc., in an amount not to exceed $20,250 per month, plus premium services and extra call-out charges, for Street Sweeping services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Summit Landsburg Road Puget Sound Energy Electrical Agreement - Authorize MOTION: Move to authorize the Mayor to sign an Electrical Relocation Agreement for $157,669.86 with Puget Sound Energy for the Rock Creek Culvert Replacement at Summit Landsburg Road, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Summit Landsburg Road Puget Sound Energy Gas Agreement - Authorize MOTION: Move to authorize the Mayor to sign a Gas Relocation Agreement for $100,318.76 with Puget Sound Energy for the Rock Creek Culvert Replacement at Summit Landsburg Road, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. South 212th Street Preservation Puget Sound Regional Council Grant Acceptance - Authorize MOTION: Move to authorize the Mayor to sign agreements with the Washington State Department of Transportation to obligate $700,000 in addition to the $1.4 million of federal grant funds obligated in July of 2019 for expenditure on the South 212th Street Overlay - East Valley Highway to 72nd Avenue South project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. K. Resolution Recognizing the Marbella Neighborhood Council - Adopt 8.A.2 Packet Pg. 20 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 7 of 8 MOTION: Adopt Resolution No. 2026, recognizing the Marbella Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. 9. OTHER BUSINESS A. Kiewit - Mulch Donation - Authorize Public Works Director, Chad Bieren provided details on the donation of mulch from Sound Transit's contractor, Kiewit. The mulch is a result of trees in the Federal Way Link Extension project at no charge. Public Works and Parks can utilize the mulch. Depending on the amount of mulch the City accepts, the value could exceed $400K. MOTION: I Move to authorize the Mayor to take all action necessary to accept a donation of wood chip mulch from Sound Transit’s contractor, Kiewit, and sign any necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 10. BIDS A. 2021 Crack Sealing Bid - Award Bieren provided a brief overview of the 2021 Crack Sealing Bid Award Project and recommended awarding to Huizenga Enterprises. MOTION: Award the 2021 Crack Sealing Project to Huizenga Enterprises, LLC in the amount of $147,200 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: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 8.A.2 Packet Pg. 21 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 1, 2021 Kent, Washington Page 8 of 8 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:12 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 22 Minutes Acceptance: Minutes of Jun 1, 2021 7:00 PM (Approval of Minutes) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Date: June 8, 2021 Time: 4:02 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present 4:04 PM Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present 3. AGENDA APPROVAL No changes were made to the agenda. 4. DEPARTMENT PRESENTATIONS A. Content Management System Contract with Granicus, LLC for Website Redesign - Authorize Project Management Office Supervisor, Brian Rambonga provided details on the content management system agreement with Granicus, LLC for the redesign of the City's website. Deployment of the new website is scheduled for the fourth quarter of 2021. Rambonga will provide council with a list of other cities that utilize the same system. MOTION: I move to authorize the Mayor to sign a contract with Granicus, LLC to redesign the City’s website at a total cost not to exceed $219,153.59, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. 8.A.3 Packet Pg. 23 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 2 of 11 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM B. Kent Lions Club Sublease for Perkins Site - Authorize Capital Facilities Project Manager, Nate Harper presented information on the sublease agreement between the City of Kent and Kent Lions Club for the property located at 715 West Smith, Kent, Washington. The City subleases space to the Kent Lions Club for storage of equipment and supplies used for their many functions that occur in Kent throughout the year. MOTION: I move to authorize the Mayor to sign a Sublease Agreement with the Kent Lions Club for a five year term, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM C. Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize Design Engineer, Drew Holcomb provided information on the Meet-Me-on- Meeker - 64th Avenue Intersection Grant. Transit and non-motorized intersection improvements at West Meeker Street and 64th Avenue are to be completed with the use of the 2021 PSRC non-motorized grant. The project will reconstruct the intersection of West Meeker Street and 64th Avenue South to include curb bulb-outs and bus bulb-outs to decrease the pedestrian crossing distance and decrease transit board time, bus stop improvements on the north and south side of West Meeker Street east of 64th Avenue South to increase the comfort and safety of transit riders, signal improvements such as transit signal priority to improve transit speed and reliability, and pedestrian crossing and associated sidewalk improvements. MOTION: I move to authorize the Mayor to accept federal funds in the amount of $236,667 for the Meeker Street at 64th Avenue Intersection Improvements, amend the budget and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM D. Resolution Adopting the 2022-2027 Transportation Improvement Program - Adopt 8.A.3 Packet Pg. 24 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 3 of 11 Senior Transportation Planner, April Delchamps presented a review of the 2022-2027 Transportation Improvement Program by updating the Council on transportation planning efforts and grants and reviewed the projects being removed and added. The City is required by state law to update the six-year plan annually. Project development flows from the Transportation master Plan to the TIP. Essentially the TMP feeds the TIP with projects moving from planning to design and construction. The focus of the 2022-2027 TIP update is adding projects eligible for grant’s due in 2021 and reporting the first performance measures. Delchamps provided an overview of five projects being removed because they are complete: 1. South 228th Street/Union Pacific Railroad Grade Separation 2. Willis Street at 4th Avenue South Roundabout 3. 76th Avenue South (Middle Phase) 220th Street South to 216th Street South 4. Meeker Frontage Improvements and Midblock Crossing at the Riverbend Driving Range - Colony Park Apartments driveway to Russell Road 5. Meeker Frontage Improvements at the Riverwood Apartments - Russell Road to 700 feet east of Russell Road The major focus of this TIP update is adding projects from the Transportation Master Plan for 2021 grant competitions. The competition is focused on non- motorized improvements with the criteria limiting the eligible projects to projects in or on corridors connecting to the downtown PSRC Regional Growth Center or the PSRC Manufacturing/Industrial Center. The maximum request is anticipated to be around $2.2 million. At the state level, there are three grant opportunities from the Transportation Improvement Board or TIB. For Puget Sound area projects, approximately $36.5 million is targeted for the urban arterials program and $2.7 million for the urban sidewalk program. For complete Streets Program, approximately $14.5 million is targeted statewide. Puget Sound Regional Council confirmed 2021 grant awards: TIP project #6 is for 4 new Rectangular Rapid Flashing Beacons (RRFBs). The first location will serve multiple destinations on 104th Ave south of SE 256th Street, the second and third location will serve multiple apartment complexes and Kent Memorial Park along Central Avenue. The final location will serve small retail and grocery stores including Indian Village Grocery Store, 8.A.3 Packet Pg. 25 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 4 of 11 restaurants, and a US Post Office. Additionally, the 4th location will facilitate access to the future RapidRide I line. TIP project #11 was awarded federal funding from Highway Safety Improvement Program (HSIP). The project includes three road diets and one compact roundabout. The road diet projects will be a single travel lane in each direction, a two-way left-turn lane, and a bike lane in each direction. 1. South 260th Street/South 259th Place South between Pacific Highway and Military Road 2. West Meeker Street/Lincoln Avenue/West Smith Street between Washington Avenue and 4th Avenue North 3. 4th Avenue North from James Street to South 228th Street 4. One compact roundabout at the intersection of 108th Avenue SE and SE 264th Street TIP Project #2, South 212th Street preservation from 72nd Avenue South to 84th Avenue South (E Valley Highway), was awarded $1.4 million in the 2018 PSRC Preservation grant competition. In the 2021 contingency process, the project was awarded and additional $700,000 lowering the local match for construction from $1.16 million to $460,000. PSRC Non-motorized set-aside - Intersection improvements at Meeker Street and 64th Avenue South was awarded $236,667 for design. Scheduled to Start Summer 2021. Match: $37,333 PSRC Regional Competition - 76th Avenue South (North Phase) - South 212th Street to 1,000 feet south of South 212th Street was awarded $3,480,000 in construction funding. The local match is $544,000. PSRC Large Jurisdiction Competition - South 218th Street/98th Avenue South from 94th Place South to South 216th Street was awarded federal funding in the amount of $4,915,680 for construction in 2024. Match (AT THE MOMENT): $3,444,320. PSRC potential projects for 2021 grant opportunities: Staff recently submitted Meeker Frontage Improvement at the Kent Elementary School for consideration for federal funding via two opportunities, Community Project Funding and a Transportation Infrastructure Request. Four projects are being considered for Transportation Improvement Board Urban Arterials Program grant opportunity. TIP projects 20 and 32 would compete well in the Growth & development band due to the development of the Naden property. 8.A.3 Packet Pg. 26 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 5 of 11 The eastern portion of the project #33 connects to SR 515 and the future RapidRide I. This portion will likely compete well in the Growth & development band due to RapidRide I. TIP Project #35 came out of the Local Road Safety Plan, this project was supported by residents of the area during TMP outreach. The project will likely score well in the Safety Band. The last project being considered is #53, a roundabout at Southeast 248th Street at 116th Ave SE. The project will likely score well in the Safety Band. The next three grant opportunities, PSRC Transportation Alternatives Program or TAP, TIB’s Sidewalk Program, and TIB’s Complete Streets Program, are for bicycle and pedestrian improvements. New Sidewalks on Russell Road are being considered for both the PSRC Transportation Alternatives Program (TAP) and TIB Sidewalk Program. Two projects on Meeker Street are also being considered for the PSRC Transportation Alternative Program (TAP). The specific phase or elements for the application are being explored by staff. For TAP, staff are gathering project information on 3 new pedestrian crossings and 4 improved pedestrian crossings. Pedestrian facilities on 132nd Avenue South from SE Kent-Kangley Road to SE 278th Place are being considered for the TIB Sidewalk Program. The design for this project, 100% funded by Metro transit. Sidewalks on 83rd Avenue South sidewalks from South 228th Street to South 224th Street are being considered for the TIB Sidewalk Program and Complete Streets Program. This project was a top pedestrian project for access to Metro Transit. A new pedestrian signal on SE 272nd Street at 148th Ave SE (Lake Meridian) is are also being considered for the TIB Sidewalk Program and Complete Streets Program. The design for this project, 100% funded by Metro transit. There are 9 additional new projects that being added to the TIP to facilitate interdepartmental and external coordination and discussions. In the downtown area, the projects are focused on Meeker Street. Transportation performance measures were developed for the TIP as directed in the TMP. These performance measures indicate progress on the 5 adopted transportation goals. 8.A.3 Packet Pg. 27 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 6 of 11 At this point, data has been collected and analyzed for 11 measures, 3 under the connectivity and options goal and 7 under the strategy goal. Staff anticipate being able to report additional measures in the 2023-2027 TIP update early next year. The 2022-2027 TIP was presented to the Kent Bicycle Advisory Board and Land Use and Planning Board seeking comments. Additionally, a public hearing was held on May 24th at the Land Use and Planning Board. There were no comments from the public. Questions from Land Use and Planning Board members focused on grant opportunities. MOTION: I move to adopt Resolution No. 2027, adopting the 2022-2027 Six-Year Transportation Improvement Program. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM E. RailPros Field Services, Inc. Amendment No. 3 for South 228th Street Union Pacific Railroad Grade Separation - Authorize Design Engineering Supervisor, Mark Madfai updated the Council on the RailPros Field Services, Inc Amendment No. 3 for the South 228th Street Union Pacific Grade Separation project and indicated completion of the South 228th Street Union Pacific Railroad Grade Separation project requires railroad flagging to ensure railroad traffic is not impeded by construction. RailPros Field Services, Inc. is the only company authorized by the Union Pacific Railroad to conduct flagging operations on the Union Pacific tracks. RailPros will provide the railroad flagging during completion of finish work on the bridge and related infrastructure. MOTION: I move to authorize the Mayor to sign Amendment No. 3 to the Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $68,000, for the purpose of railroad flagging, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM F. INFO ONLY: Transit-Oriented Development Update Chief Economic Development Officer, Bill Ellis and Sound Transit staff: Katie Drewel with Government Affairs, Edward Butterfield, Senior Transit-Oriented Development, and Jaycee Bigham with Community Engagement provided an update on the Transit-Oriented Development. 8.A.3 Packet Pg. 28 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 7 of 11 The Federal Way Link Extension project is projected to open in 2024. It will be 7.8 miles in length, there will be three stations and 3,200 parking stalls total along the alignment. It will take approximately 12 minutes to travel the corridor. The budget is $2.45 billion. An overview of the station was provided that includes two construction staging sites that offer potential transit-oriented development when no longer needed for staging. Transit-oriented development integrates transit and land use, helps create vibrant neighborhoods and supports transit ridership, considers local planning efforts, like the Midway Subarea Plan. Transit-oriented development opportunities were reviewed as well as the coordination with the City and the related partnership agreement that will achieve development on future surplus parcels adjacent to the station that includes a mix of uses consistent with Sound Transit's Equitable TOC Policy and the City of Kent vision for a compact, mixed-use and mixed-income walkable urban center as depicted in the Midway Subarea Plan and the Midway Design Guidelines. The City's initial goals and objectives include supporting economic investment and capacity building around the station and to support neighborhood redevelopment and help realize the City's transit-oriented, mixed-use vision of the Midway Subarea Plan. The Kent-Des Moines transit-oriented development timeline is as follows: • 2020-Early 2021 - define the TOD project and early partnership opportunities. • 2021-2022 -Prepare site due diligence, conduct community engagement, and determine site development program. • 2022 - Procure a development partner, finalize design, and secure financing and permits. • Public engagement round 1 will take place May and June and round 2 is anticipated for the fall. Work Plan: • March-May - Preparation and coordination • Mid May to Early June - Online survey • June-August - Prepare site development concepts • Fall (TBD) Online engagement event • Late fall/early winter - Final report and RFP preparation • Ongoing engagement activities G. INFO ONLY: Naden Update Chief Economic Development Officer, Bill Ellis provided the Council with an update on the Naden Avenue development project. 8.A.3 Packet Pg. 29 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 8 of 11 Mackenzie has been hired for initial architectural renderings and SEPA process. As Avenue 55 collects formal tenant's Letters of Interest, then preliminary feasibility, cost estimating, and permitting will increase in reaction to end user. • Brokerage group is responsible for co-marketing and negotiating on behalf of Avenue 55. Newmark Knight Economic development staff have conducted outreach to non-profits that do job training or offer STEM educational awareness in Kent, and currently have leases that are expiring or in need of new space which blends office and production areas. • Economic development staff have initiated some dialogue with University of Washington’s Space Policy and Research Center regarding possible growth of related programming and instruction at the campus. • Economic development, through existing networks and knowledge of the site and in advance of formal marketing of the property by Ave 55, have come into connection with local and regional manufacturers seeking production space to expand hiring and avoid spiraling costs in Seattle and Kent Valley for warehousing. The Memorandum of Understanding gives Avenue 55 the exclusive right to negotiate and finalize agreements with the City regarding development of the Naden Property. The MOU is predecessor to a development proposal, which would need Council approval before direction to staff by Council to then negotiates a development agreement, which also would need Council approval, for final sale and disposition of the property. The term of the MOU is 12 months from its effective date (Expires February 2022). H. Easement Exchange - Naden Avenue Assembly - Authorize Assistant City Attorney, Christina Schuck provided information on the Naden Easement Exchange with Puget Sound Energy. Schuck reviewed the current access easement and new slope easement. MOTION: I move to authorize the Mayor to take all action necessary and sign all documents to accept a slope easement from Puget Sound Energy in exchange for the termination of an existing access easement, subject to terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM I. Payment of Bills - Authorize MOTION: I move to approve the payment of bills. 8.A.3 Packet Pg. 30 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 9 of 11 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM J. American Rescue Plan Act (ARPA) Framework Committee Recommendation - Adopt Chief Administrative Officer, Derek Matheson presented the American Rescue Plan Act Framework committee recommendation to use $10 million to backfill revenue losses and then invest one half of the remaining dollars in one-time economic development programs, one quarter in one-time human services and equity programs, and one quarter in infrastructure projects. Matheson provided an overview of the ARPA which includes $65 billion in Coronavirus Local Fiscal Recovery Funds for local governments. The City of Kent will receive $28,172,327 to cover costs incurred by the end of 2024 for: • Responding to the COVID-19 pandemic • Covering costs incurred from the public health emergency • Replacing lost, delayed, or decreased revenues due to COVID-19 • Addressing the negative economic impacts on local businesses and nonprofits • Making necessary investments in water, sewer, and broadband infrastructure The council formed an ad-hoc committee to recommend for city council approval a high-level framework to invest Kent's Coronavirus Local Fiscal Recovery Funds. The committee consists of Councilmembers Boyce and Kaur, the mayor, chief administrative officer, and finance director. The committee met on April 7, April 29, and May 19 to study the Local Fiscal Recovery Funds program, other ARPA programs beyond the Local Fiscal Recovery Fund (such as unemployment programs, nutrition programs, rental/mortgage/utility assistance programs, small business assistance, and assistance to public assembly venues), United States Treasury guidance, other county/cities’ emerging investment plans, Kent’s revenue losses, and possible categories for Kent’s investments. Recommended categories: · Revenue losses ($10 million): The Finance Department has already documented more than $20 million in revenue losses in 2020 and expects to document further revenue losses in 2021 and beyond. The committee feels it would be a missed opportunity to invest all or even most of the city’s ARPA funds to backfill revenue losses and therefore recommends the council cap revenue loss backfill at $10 million. The committee proposes to deposit these dollars strategically into the funds that most need support to meet their fund balance targets. The Finance Department will make recommendations during the midbiennial budget process. 8.A.3 Packet Pg. 31 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 10 of 11 · Economic development programs (half of remainder): Consistent with ARPA’s emphasis on economic recovery, the committee recommends the council invest half of the remaining dollars in one-time economic development programs. For example, the chief economic development officer is currently looking into the possibility of small business revolving loans (in tandem with the county and/or other cities), transit oriented development (which will include a housing affordability component), workforce development, and Naden Avenue Assembly positioning, among other possible investments. · Human services and equity programs (quarter of remainder): The committee recommends the council invest a quarter of the remaining dollars in one-time human services and equity programs. The human services component will emphasize investments that go beyond other ARPA programs and could include targeted recreation programs. The interim race and equity manager will propose investments that implement the Equity Strategic Plan. · Infrastructure (quarter of remainder): The committee recommends the council invest a quarter of the remaining dollars in traditional infrastructure projects, which could include streets, utilities, parks, and technology. The committee recommends folding the ARPA investment process into the city’s midbiennial budget process this summer and fall. The budget process provides a built-in opportunity for public engagement, including two formal public hearings, several council workshops, and public comment at every regular council meeting. Departments will make ARPA requests alongside their customary midbiennial budget requests, the mayor will make recommendations in the proposed budget adjustment in September, and the council will approve investments as part of the adopted budget adjustment in November. It may also be necessary for council to approve one or more ARPA investments outside of the budget process if there’s a need for timely investments prior to November. Staff will publicize the committee’s framework recommendation on social media between the June 8 committee of the whole and June 15 council meetings to give the public opportunity to provide comment. The council discussed keeping options open to be able to allocate funds from the $10 million to projects yet to be considered. MOTION: I move to adopt the American Rescue Plan Act Framework Committee’s recommendation to use $10 million to backfill revenue losses and then invest one half of the remaining dollars in one-time economic development programs, one quarter in one-time human services and equity programs, and one quarter in infrastructure projects. 8.A.3 Packet Pg. 32 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 8, 2021 Kent, Washington Page 11 of 11 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM K. INFO ONLY: Boards and Commissions Ordinance Deputy City Attorney, Tammy White continued her presentation from the June 1st workshop, by walking through the council through portions of the boards and commissions ordinance. White reviewed general provisions, terms of office, term limits on all boards and commissions, alternate positions, organizations and meetings, duties of chair, vice chair and members, bylaws, meeting schedules, locations, notice, remote meetings and remote attendance. Council requested that chairs must be present and cannot attend remotely in addition to adding a provision that member can attend remotely in the case of an unforeseen circumstances. White will return to the June 22nd committee of the whole meeting to continue reviewing the ordinance. 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 6:38 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 33 Minutes Acceptance: Minutes of Jun 8, 2021 4:00 PM (Approval of Minutes) DATE: June 15, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to approve the payment of bills received through 5/31/21 and paid on 5/31/21 and approve the checks issued for payroll 5/16/21- 5/31/21 and paid on 6/4/21, all audited by the Committee of the Whole on 6/8/21. SUMMARY: Approval of checks issued for Vouchers: Date Amount 05/31/21 Wire Transfers 8764 8777 $1,977,120.08 05/31/21 Regular Checks 753332 753693 $4,340,686.98 05/31/21 Payment Plus 103258 103291 $145,507.42 Void Checks $0.00 05/31/21 Use Tax Payable $1,338.77 $6,464,653.25 Approval of checks issued for Payroll:5/16/21-5/31/21 and paid 6/4/2021 Date Amount 6/4/2021 Checks Voids and Reissues 6/4/2021 Advices FR&P 463162 463170 $7,074.04 6/4/2021 $1,941,127.92 $1,948,201.96 Document Numbers Document Numbers BUDGET IMPACT: None. 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.B Packet Pg. 34 DATE: June 15, 2021 TO: Kent City Council SUBJECT: Kent Lions Club Sublease for Perkins Site - Authorize MOTION: I move to authorize the Mayor to sign a Sublease Agreement with the Kent Lions Club for a five year term, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This Sublease agreement is entered between the City of Kent (“Sublessor”) and Kent Lions Club (Sublessee”), for the property located at 715 W. Smith, Kent, Washington. The City subleases space to the Kent Lions Club for storage of equipment and supplies used for their many functions that occur in Kent throughout the year. The Term of this Sublease shall commence on June 1, 2021 (the “Commencement Date”) and shall continue for a period of five years, unless the Prime Lease is terminated before such time. For years one and two Sublessee shall pay Sublessor the amount of $1,050.00/month, and for years three, four and five Sublessee shall pay Sublessor the amount of $1,081.50/month. In addition to monthly rent, Sublessee will pay a monthly prorated share of Sublessor’s electricity expenses. For years one and two Sublessee shall pay Sublessor the amount of $57.75/month, and for years three, four, and five Sublessee shall pay Sublessor the amount of $59.50/month. The amount is based on the percentage of square feet (approximately 2,155 square feet) for the storage building and office space of the Sublease Premises in relation to the total square feet of the Premises under the Prime Lease. This Sublease is subject and subordinate to the Prime Lease, a copy of which is attached and incorporated as Exhibit “A.” BUDGET IMPACT: Included in the Facilities Lease Budget. ATTACHMENTS: 1. PK-Kent Lions Club Sublease -Exhibit (PDF) 8.C Packet Pg. 35 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.C Packet Pg. 36 SUBLEASE AGREEMENT – Page 1 (between the City of Kent and Kent Lions Club) SUBLEASE AGREEMENT THIS SUBLEASE is entered into between THE CITY OF KENT ("Sublessor"), whose mailing address is 220 Fourth Avenue South, Kent, Washington, and KENT LIONS CLUB, a community service organization ("Sublessee”), whose mailing address is PO Box 5094, Kent, Washington 98032. 1.PRIME LEASE The Sublessor is a tenant under that certain Lease (the “Prime Lease”), dated June 1, 2021, between Charlie and Shirley Perkins Family Trust (“Landlord”) and Sublessor, for property located at 715 W. Smith, Kent, Washington (the “Premises”). This Sublease is subject and subordinate to the Prime Lease, a copy of which is attached and incorporated as Exhibit “A.” All terms, covenants, and conditions in the Prime Lease will be applicable to this Sublease with the same force and effect as if Sublessor were the Landlord and Sublessee were the Tenant under the Prime Lease, unless inconsistent with the terms of this Sublease, in which case, the Sublease will govern. In case of any breach by either party to this Sublease, the other party will have any rights available under the Prime Lease. Sublessee represents that it has read and is familiar with the terms of this Sublease and the Prime Lease. Landlord has consented to this Sublease in writing, a copy of which is attached and incorporated as Exhibit “B”, and as provided in Section 17 of the Prime Lease. 2.SUBLEASE PREMISES The Sublessor hereby sublets to Sublessee the following portion of the Premises: (1) Approximately 1312 square feet of storage space in the small separate building on the property; (2) Space for a 29’ storage trailer and a small (approximately 150 square feet) portable building outside the fenced area to the north of the buildings; (3) Approximately 843 square feet of office space on the second floor of the building used by Sublessor (the “Sublease Premises”); two (2) – 16’ cargo trailers. 3.USE The Premises shall be used only for storage, trailer parking, and office purposes of Sublessee only, and for no other business or purpose without the prior written consent of Sublessor. No act shall be done on or around the Sublease Premises that is unlawful or that will increase the existing rate of insurance on the Sublease Premises. Sublessee shall not commit or allow to be committed any waste upon the Sublease Premises, or any public or private nuisance. 4.TERM The Term of this Sublease shall commence on June 1, 2021 (the “Commencement Date”) and shall continue for a period of five (5) years, unless the Prime Lease is terminated before such time. The Term can only be extended by written agreement between the parties. Prior to the end of the Term, Sublessor may terminate this Sublease by giving Sublessee fifteen (15) calendar days’ prior written notice. 8.C.a Packet Pg. 37 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 2 (between the City of Kent and Kent Lions Club) 5.RENT For years one and two of the Term of this Sublease, Sublessee shall pay Sublessor the amount of One Thousand Fifty and No/100 Dollars ($1,050.00) per month, and for years three, four, and five of this Sublease, Sublessee shall pay Sublessor the amount of One Thousand Eighty-One and 50/100 Dollars ($1,081.50) per month, on or before the first day of each month during the Sublease Term, and any other additional payments due to Sublessor, (collectively the “Rent”) when required under this Sublease. Payments for any partial month at the beginning or end of the Sublease Term shall be prorated. 6.SECURITY DEPOSIT No security deposit is required of Sublessee under this Sublease. 7.TAXES Pursuant to RCW 82.29A, the Sublessee must pay leasehold excise tax in addition to the rent at the rate established by the State of Washington, which is currently 12.84% of the rent amount. Section 6 of the Prime Lease will only apply to this Sublease only to the extent that Sublessee will be responsible for taxes on any form of personal property tax or assessment as described in that section, applicable solely to Sublessee’s personal property, fixtures, furniture, equipment, inventory or other items kept by Sublessee on the Sublease Premises. 8.RE-DELIVERY Sublessee, at the expiration of the Term, any extension of the Term, or upon any sooner termination of this Sublease, will, without notice, quit and deliver up the Sublease Premises to the Sublessor peaceably, quietly, and in as good order and condition as the same now are, reasonable use and wear excepted. 9.ACCESS AND RIGHT OF ENTRY Section 10 of the Prime Lease will apply to this Sublease, but will include a right of entry for both the Sublessor and Landlord. 10.DESTRUCTION OR CONDEMNATION Section 12 of the Prime Lease will apply to this Sublease, except that Landlord will remain responsible for all Landlord obligations under that section. 11.UTILITIES In addition to monthly rent, Sublessee will pay a monthly prorated share of Sublessor’s electricity expenses. For years one and two of the Term of this Sublease, Sublessee shall pay Sublessor the amount of of Fifty-Seven and 75/100 Dollars ($57.75) per month, and for years three, four, and five of this Sublease, Sublessee shall pay Sublessor the amount of Fifty-Nine and 50/100 Dollars ($59.50) per month. The amount is based on the percentage of square feet (approximately 2,155 square feet) for the storage building and office space of the Sublease Premises in relation to the total square feet of the Premises under the Prime Lease. Payment is due on the first day of each month, for the duration of the Sublease. 8.C.a Packet Pg. 38 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 3 (between the City of Kent and Kent Lions Club) 12.INSURANCE a.Liability Insurance. During the Lease Term, Sublessee shall pay for and maintain commercial general liability insurance with broad form property damage and contractual liability endorsements. This policy shall name both Sublessor and Landlord as additional insureds. This policy shall insure Sublessee activities and those of Sublessee’s employees, officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors with respect to the Premises against loss, damage, or liability for personal injury or bodily injury (including death) or loss or damage to property with a combined single limit of not less than $1,000,000, and a self-insured retention of not more than $100,000. The insurance will be non- contributory with any liability insurance carried by Landlord. b. Property Insurance. During the Lease Term, Sublessee shall pay for and maintain special form property insurance for the Premises, in an amount not less than the full replacement cost of that portion of the Premises subleased by Sublessee under this Sublease, with a deductible of not more than $10,000. The property insurance policy shall name Sublessee as the insured and Sublessor and Landlord as additional insureds, with loss payable to Landlord, Landlord’s lender(s), and Sublessee as their interests may appear. In the event of a casualty loss on the Premises, Landlord may apply insurance proceeds under the property insurance policy in the manner described in Section 12(a) of the Prime Lease. c.Miscellaneous. Insurance required under this Section shall be with companies rated A-V or better in Best’s Insurance Guide, and which are authorized to transact business in the State of Washington. No insurance policy shall be cancelled or reduced in coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) calendar days’ prior written notice to Sublessor. At Sublessor’s option, Sublessee shall deliver to Sublessor upon commencement of the Sublease and from time to time thereafter, copies of the insurance policies or certificates of insurance and copies of endorsements required by this Section. In no event shall the limit of such policies be considered as limiting the liability of Sublessee under this Lease. d.Waiver of Subrogation. Sublessee and Sublessor hereby release each other and any other tenant, their agents, or employees, from responsibility for, and waive their entire claim of recovery for any loss or damage arising from any cause covered by insurance required to be carried by each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 13.INDEMNIFICATION/HOLD HARMLESS Sublessee shall defend, indemnify, and hold Sublessor harmless against all liabilities, damages, costs, and expenses, including attorneys’ fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Sublessee or Sublessee’s officers, contractors, licensees, sub-tenants, agents, servants, employees, guests, invitees, or visitors on or around the Sublease Premises, or arising from any breach of this Sublease by Sublessee. Sublessee shall use legal counsel acceptable to Sublessor in defense of any action within Sublessee’s defense obligation. Sublessor shall defend, 8.C.a Packet Pg. 39 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 4 (between the City of Kent and Kent Lions Club) indemnify, and hold Sublessee harmless against all liabilities, damages, costs, and expenses, including attorneys’ fees, for personal injury, bodily injury (including death), or property damage arising from any negligent or wrongful act or omission of Sublessor or Sublessor’s officers, contractors, licensees, agents, servants, employees, guests invitees, or visitors on or around the Sublease Premises, or arising from any breach of this Sublease by Sublessor. Sublessor shall use legal counsel acceptable to Sublessee in defense of any action within Sublessor’s defense obligation. The provisions of this Section shall survive expiration or termination of this Sublease. 14.ASSIGNMENT Section 17 of the Prime Lease will apply to Sublessee except that Sublessee will be required to get the written consent or any applicable approvals from both the Sublessor and Landlord. 15.NOTICES All notices to be given by the parties hereto shall be in writing and effective (i) when delivered in person, or (ii) three (3) days after being sent by United States registered or certified mail, postage prepaid, to Sublessor or Sublessee at the below-listed addresses or a later changed address provided in writing: SUBLESSOR: City of Kent Attn: Facilities Management Superintendent 220 Fourth Avenue S Kent, Washington 98032 (253) 856-5700 SUBLESSEE: Kent Lions Club Attn: Mark Taylor, Treasurer PO Box 5094 Kent, WA 98064 (253) 852-5466 16.NON-WAIVER The failure of Sublessor to insist upon strict performance of any of the covenants and agreements of this Sublease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of the covenants and agreements of this Sublease, or any other covenant or agreements, but the same shall be and remain in full force and effect. The acceptance by Sublessor of Rent or other amounts due by Sublessee hereunder shall not be deemed to be a waiver of any breach by Sublessee preceding such acceptance. 17.COSTS AND ATTORNEYS FEES If by reason of any default on the part of Sublessee it becomes necessary for Sublessor to use an attorney, or if Sublessee shall bring any action for any relief against Sublessor, declaratory or otherwise, arising out of this Sublease, each party shall pay its own legal costs and attorney fees, including costs and fees for any appeals. 8.C.a Packet Pg. 40 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 5 (between the City of Kent and Kent Lions Club) 18.HEIRS AND SUCCESSORS Subject to the assignment and subletting provisions, the covenants and agreements of this Sublease shall bind the heirs, executors, administrators, legal representatives, successors, and assigns of any or all of the parties. 19.HOLDOVER If Sublessee shall, without the written consent of Sublessor, holdover after the expiration or termination of this Sublease, such tenancy shall be a month to month tenancy, terminable as provided by the laws of the State of Washington. During such tenancy, the rate of rental shall remain equal to the rate last payable under this Sublease. 20.QUIET ENJOYMENT So long as Sublessee pays the Rent and performs all of its obligations in this Sublease, Sublessee’s possession of the Sublease Premises will not be disturbed by Sublessor or any claiming by, through, or under Sublessor, or by the holders of any mortgage of Sublessor, or any successor thereto. 21.GENERAL a.Entire Agreement. This Sublease contains all of the covenants and agreements between Sublessor and Sublessee relating to the Sublease Premises. No prior or contemporaneous agreements or understanding pertaining to the Sublease shall be valid or of any force or effect and the covenants and agreements of this Sublease shall not be altered, modified or added to except in writing signed by Sublessor and Sublessee. b.Severability. Any provision of this Sublease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Sublease. c.Force Majeure. Time periods for either party’s performance under any provisions of this Sublease (excluding payment of Rent) shall be extended for periods of time during which the party’s performance is prevented due to circumstances beyond such party’s control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. d.Governing Law. This Sublease shall be governed by and construed in accordance with the laws of the State of Washington. e.Authority of Parties. Any individual signing this Sublease on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual’s execution, that this Sublease shall be binding upon and enforceable against the party on behalf of whom such individual is signing. f.Effective Date: This Sublease shall enter into full force and effect upon the last date signed below, though the term for which this Sublease’s provisions are to apply shall begin to run on June 1, 2021. Upon the effective date of this Sublease, all acts consistent with the terms of this Sublease are ratified and 8.C.a Packet Pg. 41 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 6 (between the City of Kent and Kent Lions Club) affirmed. The foregoing conditions are mutually agreed to by Sublessor and Sublessee. SUBLESSOR(S): SUBLESSEE: KENT LIONS CLUB CITY OF KENT By: By: Dana Ralph Its: Its: Mayor Dated: Dated: APPROVED AS TO FORM: _____________________________ Kent Law Department 8.C.a Packet Pg. 42 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Page 7 (between the City of Kent and Kent Lions Club) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, before me a Notary Public in and for the State of Washington, personally appeared__________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 8.C.a Packet Pg. 43 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) KENT rJf s tt rotoil TEASE AGREEIIENT BETWEEN THE GITY oF KENT ' nA tNe CHARLIE AND S}IIRLEY PERKINS FAI.IILY TRUST This First Amendment (hereinafter oFirst Amendment'), to the Lease Agreement, dated October B, tQit; inereinane, ; Agtuu*ent')' regarding prop.erty- located at 715 w' smith st. is made and entered into by aio bet*een ctrartie and shidey Perkins Family Trust Landlord'), and the City of Kenl, a Washington municipal cor?oration {'fenant"), collectively the f Parties"). RECrrAls A. The Agreement was originally made and entered into by and between the City and Charlie and ShirleY Perkins. B. Since entering into the Agreement, it has come to the Parties attention that the premises subject to the ngt€€me;t is tegatty contro1d by the Ctmrlie and Shirley perkins Family Trust (-TrustJ, -of which both charlie and shirley Perkins were trustees' Charlie perkins is now deceased and pursuant to the Trust, Shirley Perkins is now the sole trustee- c. The parties enter into this Amendment to formally recognize the proper ownership and consolidation of control over the Premises in Shirley Perkins, as sole trustee' who will assume all Landlord responsibilities under the Agreement' AMENDMENT NOW THEREFORE, in consideration Of the mutual intent, desire and promises-of the parties and other ild l"o valuable consideration, the CiW and the-Charlie and Shirley Perkins Family frus[, through its sole trustee, Shirley Perkins, agree as follows: 1. Interests Tranferred: On the effective date, all interests in the Agreement, and all responsibilities therein, is transferred to the charlie and Shirley Perkins Family Trust, inO sni*y perkins, as sole trustee, will assume all interest and responsibilities under the Agreement. Z, partv Name: Wherever in the Agreement the names "Chadie and Shirley perkins,, appear, sucfr term shall be replaced with 'the Charlie and Shidey Perkins Family Trust." 3. Notices to be sent to: All communications regarding this Agreement shall be sent to the following contact; Shirley Perkins t7817 146fr Avenue SE Renton, WA 98058 i42s) 226-1953 FIRST AMENDMENTTO LEASE AGREEMENT between City of Kent and Shirley Perkins) FIRST AI|EIIDITIEIIT TO Pace 1 EXHIBIT A8.C.a Packet Pg. 44 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) 4. Ratification All acts consistent with the authority of this Amendment and prior to its effective date are ratified and affirmed and the terms of the Agreement and this Amendment shall be deemed to have applied. S. Remaining Provisions. Except as specifically amended bY this Amendment, all remaining provisions of the Agreement shall remain in full force and effect. The parties whose names appear below warrant that they are legally authorized to enter into this Amendrnent. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. APPROVED AS TO FORITI: Kent Law Depaftment FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT between City of Kent and Nexus Youth & Families) LANDLORDI Shirfey Perkins TE]IAIIT: Crty of Kent By By Tn& 14-r1--1 I Print Name signaturc} Ft=na P:lnh DATE: tide) Page 2 05/06/2021 8.C.a Packet Pg. 45 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) TEASE AGREEMENT THIS LEASE is entered into between CHARLIE AND SHIRLEY PERKINS, a married couple ("Landlord"), whose mailing address is 178t7 146th Avenue SE, Renton, WA 9BO5B, and THE CITY OF KENT, a Washington municipal corporation ("Tenant"), whose mailing address is 220 Foufth Avenue South, Kent, Washington 98032. 1. PREMISES The Landlord hereby lets and leases to Tenant the property located at 715 W. Smith, Kent, Washington. The area so leased is hereinafter called "the Premises" and is depicted in Exhibit "A" attached and incorporated by this reference. The Premises shall be used only for any legal use, and for no other business or purpose without the prior written consent of Landlord. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. 2. USE 3. TERM The Term of this Lease shall commence on September L, 2079 (the "Commencement Date"), and shall continue for a period of five (5) years. This Term may be extended for one additional five (5) year period by written agreement between the parties. Except as specifled elsewhere in this Lease, Landlord represents and warrants to Tenant that the Premises, including the structural condition of the Premises and the condition of all mechanical, electrical and other systems on the Premises are in a safe, good and usable condition sufficient to meet Tenant's intended uses. Prior to the end of the Term, Tenant may terminate this Lease by giving Landlord twenty (20) days written notice prior to the end of the month. Landlord may only terminate this Agreement under an Event of Default by Tenant, as provided in this Lease. 4, RENT Tenant shall pay Landlord the amount of Five Thousand Two Hundred Fifty and No/100 Dollars ($5,250.00) per month for the first two (2) years of the Lease Term, and shall pay Five Thousand Four Hundred Seven and 50/100 Dollars ($5,407.50) per month for the remaining three (3) years of the Lease Term. Tenant shall pay Landlord on or before the first day of each month during the Lease Term, and will pay for the annual catch basin cleaning, and any other additional payments due to Landlord (collectively the "Rent") when required under this Lease. Payments for any partial month at the beginning or end of the Lease Term shall be prorated. Tenant shall endeavor to pay Landlord under this Lease by the fifth (sth) day of each month. If any sums payable by Tenant to Landlord under this Lease are not received by the fifteenth (tSth) day of each month, Tenant shall pay Landlord, at Landlord's option, One Hundred and No/100 Dollars ($100.00) in addition to the amount due, for the cost of collecting and handling such late payment. In addition, all delinquent sums payable by Tenant to Landlord and not paid within fifteen (15) days of the due date shall, at Landlord's option, bear interest at the rate of eight percent (8olo) per annum. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. LEASE AGREEMENT- Page 1 of 14 between the Crty of Kent and Perkins) 8.C.a Packet Pg. 46 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) 5. SECURIW DEPOSIT Landlord acknowledges that Tenant has paid the sum of One Thousand and No/100 Dollars ($1,000.00) to Landlord as a Security Deposit under the prior lease for the Premises between the parties dated March 28, 2A06, Landlord may commingle the Security Deposit with its other funds. If Tenant breaches an covenant or condition of this Lease, including but not limited to the payment of Rent, Landlord may apply all or any part of the Security Deposit to the payment of any sum in default and any damage suffered by Landlord as a result of Tenant's breach. In such event, Tenant shall, within five (5) days after written demand therefore by Landlord, deposit with Landlord the amount so applied. Any payment to Landlord from the Security Deposit shall not be construed as a payment of liquidated damages for any default. If Tenant complies with all of the covenants and conditions of this Lease throughout the Lease Term or any earlier termination as provided for in Section 3, the Security deposit shall be repaid to Tenant without interest within thirty (30) days after the vacation of the Premises by Tenant. 6. TAXES Tenant shall reimburse Landlord for all Taxes applicable to the Premises during the Lease Term, Landlord shall present to Tenant a copy of a statement showing the amount paid by Landlord for Taxes, along with satisfactory evidence that payment of Taxes has been made by Landlord. Tenant shall then reimburse Landlord for Taxes with Tenant's next rent initallment. If any Taxes paid by Tenant cover any period of time before or after the expiration of the Teim or any earlier termination as provided for in Section 3, Tenant's share of those Taxes paid will be prorated to cover only the period of time within the tax fiscal year during which this Lease was in effect, and Landlord shall promptly reimburse Tenant to the extent required. The term "Taxes" shall mean: (i) any form of real estate tax or assessment imposed on the Premises by any authority, including any city, state or federal government, or any improvement district, as against any legal or equitable interest of Landlord or Tenant in the premises or in the real property of which the Premises are a part, or against rent paid for leasing the Premises; and (ii) any form of personal property tax or assessment imposed on any personal property, fixtures, furniture, tenant improvements, equipment, inventory, or other items, and ail replacements, improvements, and additions to them, located on the Premises, whether owned by Landlord or Tenant. "Taxes" shall include any net income tax imposed on Landlord for income that Landlord receives under this Lease. Tenant may contest the amount or validity, in whole or in part, of any Taxes at its sole expense. Upon the termination of any such proceedings, Tenant shall pay the amount of such Taxes or part of such Taxes as finally determined, together with any costs, fees, interest penalties, or other related liabilities. Landlord shall cooperate with Tenant in contesting any Taxes, provided Landlord incurs no expense or liability in doing so. 7. RE-DEIIVERY Tenant, at the expiration of the Term, any extension of the Term, or upon any sooner termination of this tease, will, without notice, quit and deliver up the Premises to the Landlord peaceably, quietly, and in as good order and condition as the same now are, reasonable use and wear excepted. LEASE AGREEMENT _ PAgC 2 Of T4 between the City of Kent and Perkins) 8.C.a Packet Pg. 47 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) 8. ALTERATIONS Tenant may make alterations, additions or improvements to the Premises Alterations"), with the prior written consent of Landlord, which shall not be unreasonably withheld. The term "Alterations" shall not include the installation of shelves, moveable partitions, Tenant's equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation of those items. Tenant shall complete the Alterations at Tenant's expense in compliance with all applicable laws and in accordance with plans and specifications approved by Landlord, and using contractors approved by Landlord. Landlord shall be deemed the Owner of all Alterations except for those which Landlord requires to be removed at the end of the Lease Term or any earlier termination of the Lease. Tenant shall remove all Alterations at the end of the Lease Term or any earlier termination of the Lease unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall repair any damages to the Premises caused by the removal of Alterations. If Tenant performs work with the consent of the Landlord, Tenant agrees to comply with all laws, ordinances, rules, and regulations of the City, County, and any other authorized public authority. 9. REPAIRSAND MAINTENANCE The Premises are being leased "as is." Landlord is not obligated to make any repairs to the Premises, except as described in this Section. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all repairs and replacements, whether structural or non-structural, necessary to keep the Premises in safe operating condition, including all utilities and other systems serving the Premises, but excluding the roof, foundation and exterior walls, which Landlord shall maintain in good condition and repair at Landlord's expense. Tenant shall not damage any demising wall or disturb the structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, agents, contractors, or invitees. Tenant shall maintain the landscape in a neat and attractive manner. Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees therein, 10. ACCESS AND RIGHT OF ENTRY After reasonable notice from Landlord (except in cases of emergency, where no notice is required), Tenant shall permit Landlord and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, inspections, alterations or improvements. This Section shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to enter the Premises for the purpose of showing the Premises to prospective purchasers or lenders at any time, and to prospective tenants within 180 days prior to the expiration or sooner termination of the Lease Term, and for posting "for lease" signs within 180 days prior to the expiration or sooner termination of the Lease Term. 11. SIGNAGE Tenant shall obtain Landlord's written consent before installing any signs upon the Premises, which shall not be unreasonably withheld or delayed. Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant shall not damage or deface the Premises in installing or removing signage and shall repair any LEASE AGREEMENT - Page 3 of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 48 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) injury or damage to the Premises caused by such installation or removal. L2. DESTRUCTIONORCONDEMNATION a. Damage and Repair. If the Premises are entirely destroyed or partially damaged by fire or other casuilty, then Tenant may, at its sole option, within fourteen (14) days of the event causing ihe damage, terminate this Lease by providing Landlord written notice of termination. If Tenant does not terminate this Lease and if the Premises are partially damaged but not rendered untenantable, Landlord shall diligently restore the Fremises. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, the Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within thirty (30) days of the date of such casualty, If the premises are entirely destroyed and rendered untenantable, by fire or other casualty, and if Tenant has not exercised its right to terminate as provided above, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to their previous condition. If Landlord restores the Premises under this Section, Landlord shall proceed with reasonable diligence to complete the work, and the base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirecily by the act, fault or neglect of Tenant, or Tenant's officers, contractors, licensees, subtenants, agents, servantS, employees, guestS, invitees or visitors' provided Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business, or annoyance directly, incidentally or conseguentially arising from any repair or restoration for any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obiigated to repair any damage thereto or replace the same unless the damage is caused by Landlord's negligence or willful misconduct. b. If the premises are made untenantable by eminent domain, or conveyed under a threat of condemnation, this Lease shall automatically terminate as of the earlier of the date title vests in the condemning authority or the condemning authority first has possession of the premises and all Rent! and other payments shall be paid to that date. In case of taking of a part of the Premises that does not render the Premises untenantable, then this Llase shall continue in full force and effect and the base monthly rental shall be equitably reduced based on the proportion by which the floor area of any structures is reduced, such reduction in Rent to be effective as of the earlier of the date the condemning authority first has possession of such portion or title vests in the condemning authority. Landlord shall be entitled to the entire award from the condemning authority attributable to the value of the Premises and Tenant shall make no claim for the value of its leasehold. Tenant shall be permitted to make a separate claim for the value of its leasehold. Tenant shall be permitted to make a separate claim against the condemning authority for moving expenses or damages resulting from iriterruption in its business, provided that in no event shall Tenant's claim reduce LEASE AGREEMENT- Page 4 of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 49 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) Landlord's award 13. UTILITIES Landlord shall not be responsible for providing any utilities to the Premises, but represents and warrants to Tenant that as of the Commencement Date, electricity, water, sewer and telephone utilities are available at or adjacent to the Premises. Tenant shall determine whether the available capacity of such utilities will meet Tenant's needs. Tenant shall install and connect, if necessary, and directly pay for all water, sewer, gas, janitorial, electricity, garbage removal, heat, telephone and other utilities and services used by Tenant on the Premises during the Term, whether or not such services are billed directly to Tenant. Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary permits, licenses or other authorizations required for the lawful and proper installation, maintenance, replacement and removal on or from the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying all utilities or services to the Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant, shall join with Tenant in any application required for obtaining or continuing such utilities or services. L4. INSURANCE a. Liabillty insurance. During the Lease Term, Tenant shall pay for and maintain commercial general liability insurance with broad form property damage and contractual liability endorsements. At Landlord's option, this policy shall name Landlord and Landlord's lender(s) as an additional insured. This policy shall insure Tenant's activities and those of Tenant's employees, officers, contractors, licensees, agents, selants, employees, guests, invitees or visitors with respect to the Premises against loss, damage or liability for personal injury or bodily injury including death) or loss or damage to property with a combined single limit of not less than $1,000,000, and a self-insured retention of not more than $100,000. The insurance will be non-contributory with any liability insurance carried by Landlord. b. Property insurance. During the Lease Term, Tenant shall pay for and maintain special form property insurance (with coverage for earthquake and, if the Premises are in a flood plain, flood damage) for the Premises, in an amount sufficient to prevent Landlord or Tenant from becoming a co-insurer under the terms of the policy, and in an amount not less than the full replacement cost of the Premises, with a deductible of not more than $10,000. The property insurance policy shall name Tenant as the insured and Landlord and Landlord's lender(s) as additional insureds, with loss payable to Landlord, Landlord's lender(s), and Tenant as their interests may appear. In the event of a casualty loss on the Premises, Landlord may apply insurance proceeds under the property insurance policy in the manner described in Section 12(a). c. Miscellaneous. Insurance required under this Section shall be with companies rated A-V or better in Best's Insurance Guide, and which are authorized to transact business in the State of Washington. No insurance policy shall be cancelled or reduced in coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) days prior written notice to Landlord. At Landlord's option, Tenant shall deliver to Landlord upon commencement of the Lease and from time to time thereafter, copies of the insurance policies or certificates of insurance and copies of endorsements required by this Section. In no event shall the limit of such policies be considered as limiting LEASE AGREEMENT - PAgC 5 Of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 50 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) the liability of Tenant under this Lease. d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any other tenant, theii agents or employees, from responsibility for, and waive their entire claim of ;"coue-ry for any loss or damage arising from any cause covered by insurance required to be carried by each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies' 15. INDEMNIFICATION/HOLD HARMLESS Tenant shall defend, indemnify and hold Landlord harmless against all liabilities, damages, costs and expenses, including attorneys' fees, for personal injury, bodily injury incluling death) or property damage arising from any negligent or wrongful act or omission of ienant o1 Tenant's officers,'contraltors, licensees, subtenants, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease 6y Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action itnin Tenant,s defense obligation. Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal in-iury, bodily injury (incluJing death) or property damage arising from any negligent or rongfrt acL or omisiion of [andlord or Landlord's officers, contractors, licensees, agents, servJnts, employees, guests invitees or visitors on or around the Premises, or arising from any breach of this Lease 6y Landlord. Landlord shall use legal counsel acceptable to Tenant in defense of any action within Landlord's defense obligation. The provisions of this Section shall survive expiration or termination of this Lease' 16. LIENS AND INSOLVENCY Tenant shall keep the Premises and property in which the Premises are situated, free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Tenant slall indemnify and hold Landlord harmless from liability for any such liens including, without limitation, liens arising from any Alterations. If a lien is filed against the premisel by an person claiming by, through or under the Tenant, Tenant shall, upon request of Landlord, at Tenant's expense-, immediately furnish to Landlord a bond in form and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all liabilities, costs and expenses, including attorneys' fees, which Landlord could reasonably incur as a result of such lien(s). L7. ASSIGNMENT Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest in this Lease (collectively refLrred to as a "Transfer") or any part of the Premises, without first oUtuining Landlord's written consent, which shall not be unreasonably withheld or delayed. No Transfeishall relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer. Consent to any such Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer' As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by Landlord shali assume all obligations of Tenant under this Lease and shall be jointiy and severally liable with Tenant and any guarantor, if required, for the payment of Rent ind performance oiall terms of this Lease. In connection with any Transfer, Tenant LEASE AGREEMENT - Page 5 of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 51 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) shall provide Landlord with copies of all assignments, subleases and assumption instruments. This Lease shall be assignable by Landlord without the consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the Premises, other than a transfer for security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from and after the date of such transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to the transferee. Notwithstanding the foregoing, on June B,2OIt, Landlord consented in writing to allow Tenant to enter into a sublease agreement with the Kent Lions Club for a portion of the Premises, and Landlord's consent for the sublease with the Kent Lions Club remains in effect for this Lease. 18. DEFAULT The following occurrences shall each be deemed an Event of Default: a. Failure to Pay. Tenant fails to pay any sum, including Rent, due under this Lease following fourteen (14) days written notice from Landlord of the failure to pay. b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at least fifteen (15) consecutive days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of the Premises shall not be subject to any notice or right to cure. c. Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a receiver, assignee or other liquidating officer is appointed for Tenant's business, provided that in the event of any involuntary bankruptcy or other insolvency proceedings, the existence of such proceeding shall constitute an Event of Default only if such proceeding is not dismissed or vacated within sixty (50) days after its institution or commencement. d. Levy or Execution. Tenant's interest in this Lease or the Premises, or any part thereof, is taken by execution or other process of law directed against Tenant, or is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged within fifteen (15) days after being levied. e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant of this Lease other than one requiring the payment of money and not otherwise enumerated in this Section, and the breach continues for a period of thirty (30) days after notice by Landlord to Tenant of the breach. 19. REMEDIES Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this Lease shall be cumulative, and none shall exclude any other right or remedy allowed by law. a. Termination of Lease. If an Event of Default occurs, Landlord may terminate Tenant's interest under the Lease by giving thirty (30) days written notice of termination from Landlord to Tenant. The Lease shall terminate on the date specified LEASE AGREEMENT - Page 7 of L4 between the CiU of Kent and Perkins) 8.C.a Packet Pg. 52 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by fenant under this Lease for the balance of the Lease Term, less the net proceedi, ii any, of re-letting of the Premises by Landlord subsequent to the termination, after deducting all Uandlord's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenani: (i) unpaid rent which had been earned at the time of termination; (ii) the amount by whith the unpaid rent which would have been earned after termination until the time the award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance oi tne Term of the Lease after the time of the award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of tne Federal Reserve Bank of San Francisco at the time of the award, plus 1olo); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation, Reletting Expenses described in the following Section. b. Re-Entry and Retetting. Landlord may continue this Lease in full force and effect, and without demand or notice, re-enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may relet the premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such'period of time and at such other terms and conditions, as Landlord, in its discretion, may determine. Landlord may collect and receive the rents for the premises. Re-entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a written notice of termination is given to Tenant. Landlord reserves the right following any re-entry or reletting, or both, under this Section to exercise its right to terminate the Lease. Tenant will pay Landlord the rent and other sums which would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises, after deducting Landlord's Reletting Expenses. "Reletting Expens6s" is defined to include all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commislions, attorneys' fees, remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and tenant improvements and rent conceisions granted by Landlord to any new Tenant, for a period of six (6) months from date of default. c. Waiver of Redemption Rights, Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of any kinds, hereby waives and surrenders ill rights and privileges which they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease Term, as it may have been extended. d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord pursuant to this Lease shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have all the rights herein provided for in case of nonpayment of Rent. LEASE AGREEMENT - Page B of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 53 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk. If Tenant does not pay the storage costs within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, upon written notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys'fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any to Tenant. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent. 20. HAZARDOUS MATERIALS Landlord represents and warrants to Tenant that to the best of Landlord's knowledge, there is no "Hazardous Material" (as defined below) on, in or under the Premises as of the Commencement Date, excepts as otherwise disclosed to Tenant in writing before the execution of this Lease. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States government due to its potential harm to the health, safety or welfare of humans or the environment. The provisions of this Section shall survive expiration or termination of this Lease. 2T. NOTICES All notices to be given by the parties hereto shall be in writing and effective (i) when delivered in person, or (ii) three (3) days after being sent by United States registered or certified mail, postage prepaid, to Landlord or Tenant at the below-listed addresses or a later changed address provided in writing: LANDLORD: Charlie and Shirley Perkins 178L7 146th Avenue SE Renton, WA 98058 425) 226-1953 TENANT: City of Kent Attn: Facilities Management Superintendent 220 Fourth Avenue S Kent, Washington 98032 2s3) Bs6-s700 LEASE AGREEMENT - Page 9 of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 54 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) 22. NON.WAIVER The failure of Landlord to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more iristances, shall not be construed to be a waiver or relinquishment of the covenants and agreements of this Lease, or any other covenant or agreements, but the same shall be and rJmain in full force and effect. The acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such acceptance. 23. COSTSANDATTORNEYSFEES If by reason of any default on the part of Tenant it becomes necessary for Landlord to use an attorney, or if Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising out of this Lease, each party shall pay its own legal costs and attorney fees, including costs and fees for any appeals. 24. HEIRSANDSUCCESSORS Subject to the assignment and subletting provisions, the covenants and agreements of this Lease itratt OinO the heirs, executors, administrators, legal representatives, successors and assigns of any or all of the parties. 25. HOLDOVER If Tenant shall, without the written consent of Landlord, holdover after the expiration or termination of this Lease, such tenancy shall be a month to month tenancy, terminable as provided by the laws of the State of Washington. During such tenancy, the rate of rental shall remain equal to the rate last payable under this Lease. 26. SUBORDINATION This Lease shall automatically be subordinate to any mortgage or deed of trust created by Landlord which is no existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"), provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage shall elect to continue this Lease in full force and effect. Tenant shall attorn to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any Landlord's Mortgair6 provided such person(s) assume the obligations of Landlord under this Lease' Tenant-shall promptly and in no event later than fifteen (15) days after request execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment. Notwithstanding the foregoing, Tenant's obligations under this Section are conditioned on the holder of each Landlord s ptbrtgage and eaih person acquiring the Premises at any sale or other proceeding under any such tandlord's Mortgage not disturbing Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default exlsts. 27. OUIET ENJOYMENT So long as Tenant pays the Rent and performs all of its obligations in this Lease, LEASE AGREEMENT- Page 10 of 14 between the City of Kent and Perkins) 8.C.a Packet Pg. 55 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) Tenant's possession of the Premises will not be disturbed by Landlord or any claiming by, through, or under Landlord, or by the holders of any mortgage of Landlord/ or any successor thereto. 28. GENERAL a. Entire Agreement. This Lease contains all of the covenants and agreements between Landlord and Tenant relating to the Premises, No prior or contemporaneous agreements or understanding pertaining to the Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. b. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Lease. c. Force Majeure. Tim periods for either party's performance under any provisions of this Lease (excluding payment of Rent) shall be extended for periods of time during which the pafty's performance is prevented due to circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. d. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. e. Authority of Parties. Any individual signing this Lease on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual's execution, that this Lease shall be binding upon and enforceable against the party on behalf of whom such individual is signing. f. Effective Date: This Lease Agreement shall take effect and commence on the last date entered under the Landlord's or the Tenant's signatures below. The foregoing conditions are mutually agreed to by Landlord and Tenant LANDLORD(S):TENANT: CITY OF KENT tt- By: DanaRalphCharliePerkinsDated: {4 cl Shirley Perk Dated: LEASE AGREEMENT- Page 11 of 14 between the City of Kent and Perkins) Its: Mayor Dated lo E Law 8.C.a Packet Pg. 56 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) STATE OF WASHINGTON COUNW OF KING STATE OF WASHINGTON COUNTY OF KING On this 2? day of q , 2ALg, before me a Notary Public in and for the State of Washington, personally appeared Shirley Perkins, personally known to me or proved to me on tne basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. Notary Seal Must Appear Within This Box' se LEASE AGREEMENT- Page 12of L4 betvveen the City of Kent and Perkins) s5 On this tl day of '1 , z}tg, before me a Notary Public in. and for the State of Washington, personally appeared Charlie Perkins, personally known to me or proved to me on ttre basis'of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. ss. Notary Seal Must Appear Within This Bax- h officialddhave writte NOTARY PUBLIC, in and for the of Washington, residing at My appointment exPires here n tosetEOF, abov I e an anunmy se i^i'ia,*iS t',9i noE+1\.+r' i /:1,,,, qqt\" 8.C.a Packet Pg. 57 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) STATE OF WASHINGTON ) couNrY oF KrNG i tt' ett funtu I hereby certify that I know or have satisfactory evidence that Denar{atfih is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayorp and such execution to be the free and voluntary act of such party for the uses png!. pqrposes mentioned in theforegoinginstrument. -'PO Vt-+1f ltttt LEASE AGREEMENT- Page 13 of 14 between the Clty of Kent and Perkins) Notary Seal Must Appear Within This Box' t2o{t7 nd and official NOTARY PUBLIC, in nd for A at have hereunto set tlsealthedand year first of Washington, residing My appointment expires IN WITNESS WHEREOF, 8.C.a Packet Pg. 58 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) CERTIFICATE OF LIABILITY INSURANCE OATE (MM/DD/YYYY) 4127t2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTTFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. It'rtpOnfeili: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provislons or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and condltions of the policy, certain policies may require an endorsement. A statement on thls certlficate does not confer rights to the certificate holder in lieu of such endoreement(s). PRODUCER Seattle-Alliant lnsurance Services, lnc. 1420 Fifth Avenue, Suite 1500 Seattle WA 98101 Jamie 949-627-7000 INSURER{SI AFFORDING COVERAGE NAIC# rNsuRER A: Safefu National Casualfu Coroo 15105 INSURED City of Kent 220 Fourth Avenue South Kent WA 98032-5895 K8583802 INSURER B : INSTJRER C : INSURER D INSURER E: INSURER F : COVERAGES MBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITSPOLICYNUI'EER FOLIGY EFF MMIDD/YYYYIINSRLTRTYPEOFINSURANCE EACH OCCURRENCE $ 2,000,000 500,000 MED EXP (Anv one DsBon)$ PERSONAL &ADV INJURY $ 2.000.000 GENERAL AGGREGATE $ 4.000.000 PRODUCTS - COMP/OP AGG $ 4.000.000 1t1t2021 1t112022 stR $ 500,000 COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: X X f__-lpnoIIJECT I I CLAIMS.MADE OCCUR LOCPOLICY GL4058201 BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS AUTOMOBILE UABILITY NON-OWNED AUTOS ONLY EACH OCCURRENCE $OCCUR CLAIMS-MADE AGGREGATE UMBRELLA LIAB EXCESS LIAB nFn RFTFNTION S IPtRISTATI ITF otH- FR E,L. EACH ACCIDENT $ E.L. DISEASE . EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ WORKERS COMPENSATION AND EMPLOYERS' LIABILIIY Y/Ntltn N'A DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORDl0l,AdditionalRema.ksSchedule,maybeattachedifmoreBpacci8required) Chadie and Shirley Perkins Family Trust is included as Additional lnsured. TE HOLDER O {988-2015 ACORD CORPORATION. All rishts reserved The AGORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Charlie and Shirley Perkins Family Trust 17817 146th Avenue SE Renton WA 98058 At,a AUTHORIZED ACORD 25 (20r6/03) 8.C.a Packet Pg. 59 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) SUBLEASE AGREEMENT – Exhibit B (between the City of Kent and Kent Lions Club) EXHIBIT B 8.C.a Packet Pg. 60 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) 8.C.a Packet Pg. 61 Attachment: PK-Kent Lions Club Sublease -Exhibit (2726 : Kent Lioins Club Sublease for Perkins Site for 2021 - Authorize) DATE: June 15, 2021 TO: Kent City Council SUBJECT: Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize MOTION: I move to authorize the Mayor to accept federal funds in the amount of $236,667 for the Meeker Street at 64th Avenue Intersection Improvements, amend the budget and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This project is a segment of the Meet Me on Meeker project which will reconstruct the intersection of West Meeker Street and 64th Avenue South to include curb bulb-outs, bus stop improvements and cement concrete crosswalks. These intersection improvements will accommodate the multi-use pathway and walk zone of the Meeker Corridor, decrease the pedestrian crossing distance, and decrease transit board time while creating a visible pedestrian-oriented street experience. This project will further the Meet Me on Meeker vision creating a stimulating urban environment, humanizing the street corridor and encouraging pedestrian and transit use by including amenities such as benches, trash receptacles, and lighting as well as potted and landscape planters. The City competed for grant funds for design through the Puget Sound Regional Council and was successful in receiving $236,667 for preliminary engineering design. BUDGET IMPACT: This adds $236,667 of federal grant funding to the design budget for this project and the city will need to match $37,333. The city’s match will come from Place Making funds budgeted for the Meeker Street corridor. 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. 8.D Packet Pg. 62 ATTACHMENTS: 1. MMoM 64th 1. Project Prospectus 140-101 (PDF) 2. MMoM 64th 2. LAA 140-039 (PDF) 3. MMoM 64th 3. PE documented cost estimate (PDF) 4. FHWA Contingency-Supplemental Award Ltr_Kent_June2021 (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.D Packet Pg. 63 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 04/2015 Previous Editions Obsolete ( ) Page 1 8.D.a Packet Pg. 64 Attachment: MMoM 64th 1. Project Prospectus 140-101 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) 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 04/2015 Previous Editions Obsolete Page 2 8.D.a Packet Pg. 65 Attachment: MMoM 64th 1. Project Prospectus 140-101 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) Agency Project Title Date Right of Way No Right of Way Needed * All construction required by the contract can be accomplished within the exiting 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 04/2015 Previous Editions Obsolete Page 3 8.D.a Packet Pg. 66 Attachment: MMoM 64th 1. Project Prospectus 140-101 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) Page 1 Revised 12/2020 Local Agency Agreement Agency CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Address Project No. Agreement No. For OSC 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.D.b Packet Pg. 67 Attachment: MMoM 64th 2. LAA 140-039 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) DOT Form 140-039 Page 2 Revised 12/2020 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.D.b Packet Pg. 68 Attachment: MMoM 64th 2. LAA 140-039 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) DOT Form 140-039 Page 3 Revised 12/2020 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.D.b Packet Pg. 69 Attachment: MMoM 64th 2. LAA 140-039 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) DOT Form 140-039 Page 4 Revised 12/2020 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.D.b Packet Pg. 70 Attachment: MMoM 64th 2. LAA 140-039 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) DOT Form 140-039 Page 5 Revised 12/2020 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 $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions 8.D.b Packet Pg. 71 Attachment: MMoM 64th 2. LAA 140-039 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) Federal Aid Number Agreement No. Project Number 21-3009 Estimate Updated 5/14/2021 Construction Estimate Total 2,193,000.00$ Engineering Estimate 12.2%267,000.00$ Unit Cost Hours Consultant - Traffic Control 125.00$ 40 5,000$ WSDOT LS 2,000.00$ Total PE 274,000.00$ Meeker St at 64th Ave Intersection Improvements Documented PE Cost Estimate 8.D.c Packet Pg. 72 Attachment: MMoM 64th 3. PE documented cost estimate (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) Meeker St at 64th Ave Intersection Improvements Project Numer: 21-3009 By: KL/CAM 5/7/2021 ITEM DESCRIPTION QTY UNIT UNIT TOTAL NO. PRICE AMOUNT 1000 Mobilization 1 LS 190,000$ 190,000$ 1005 Clearing & Grubbing 1 LS 9,000$ 9,000$ 1010 Remove Existing Asphalt Cement Concrete Pavement 1,200 SY 80$ 96,000$ 1015 Remove Cement Concrete Pavement - 8" Depth Reinforced 110 SY 140$ 16,000$ 1020 Remove Cement Concrete Sidewalk 400 SY 55$ 22,000$ 1025 Remove Cement Concrete Curb & Gutter 720 LF 20$ 15,000$ 1040 Removal of Raised Pavement Markers & Painted &/or Thermoplastic Traffic Markings 1 LS 7,000$ 7,000$ 1050 Saw Cut Existing Asphalt Concrete Pavement 1,800 LF 15$ 27,000$ 1055 Saw Cut Existing Cement Concrete Pavement or Sidewalk 50 LF 15$ 1,000$ 1060 Roadway Excavation Incl. Haul 200 CY 140$ 28,000$ 1075 Gravel Borrow, Including Haul & Compaction 200 TON 100$ 20,000$ 1080 Crushed Surfacing Top Course, 5/8" Minus 200 TON 110$ 22,000$ 1085 Crushed Surfacing Base Course, 1-1/4" Minus 400 TON 110$ 44,000$ 1095 HMA Class 1/2", PG 58V-22 400 TON 580$ 232,000$ 1110 Planing Bituminous Pavement 2,800 SY 80$ 224,000$ 1125 Hot Plant Mix for Temporary Pavement Patch 40 TON 340$ 14,000$ 1141 Reinforced Cement Concrete Crosswalk, 8" Depth 200 SY 410$ 82,000$ 1142 Cement Concrete Sidewalk, 8" Depth 275 SY 275$ 76,000$ 1145 Cement Concrete Sidewalk, 4" Depth 800 SY 200$ 160,000$ 1205 Cement Concrete Curb & Gutter 270 LF 100$ 27,000$ 1210 Cement Concrete Extruded Curb 300 LF 20$ 6,000$ 1212 Meeker Street Bicycle Rack, Type 1 3 EA 1,650$ 5,000$ 1213 Meeker Street Bench Type 1 (Backless) 3 EA 4,100$ 13,000$ 1214 Meeker Street Litter Receptacle, Type 1 3 EA 5,500$ 17,000$ 1220 Adjust Existing Catch Basin Grate to Finished Grade 2 EA 1,000$ 2,000$ 1223 Adjust Exiting Storm Manhole Lid to Fit Curb (Rotate) 2 EA 1,500$ 3,000$ 1225 Adjust Existing Manhole Cover to Finished Grade 3 EA 1,000$ 3,000$ 1230 Adjust Existing Valve Box Top Section & Lid to Finished Grade 5 EA 800$ 4,000$ 1315 Pothole Utilities 10 EA 350$ 4,000$ 1320 Project Sign Fabrication & Installation 2 EA 2,000$ 4,000$ 1355 Minor Changes 1 CALC 14,000$ 14,000$ 1360 Irrigation System 1 LS 9,000$ 9,000$ 1370 Detectable Warning Installation 50 SF 120$ 6,000$ 2115 Service Connection 1" Diameter 1 EA 2,000$ 2,000$ 2145 Water Service Line 1" Diameter 60 LF 135$ 9,000$ 2205 3/4" Meter Setter 3 EA 1,000$ 3,000$ 2220 Meter Box for Up to 1" Diameter Service 3 EA 1,000$ 3,000$ 4100 Relocate Existing Catch Basin, Complete 3 EA 4,000$ 12,000$ 4110 Circular Frame (Ring) & Cover, Type 2 1 EA 2,000$ 2,000$ 4120 Vaned Catch Basin Frame & Grate 1 EA 1,000$ 1,000$ 4155 Foundation Material, Class I & II 10 TON 100$ 1,000$ 5005 Traffic Control Labor 1,000 HR 90$ 90,000$ 5010 Construction Signs Class A 420 SF 20$ 9,000$ 5015 Traffic Control Supervisor 500 HR 110$ 55,000$ 5017 Uniformed Off-Duty Police Officer 200 HR 170$ 34,000$ 5020 Temporary Traffic Control Devices 1 LS 13,700$ 14,000$ 5030 Portable Changeable Message Sign (PCMS) 60 DAY 140$ 9,000$ 5075 Permanent Channelization 1 LS 13,700$ 14,000$ 6000 Traffic Signal System, NW, NE & SE Corners, Complete 1 LS 335,000$ 335,000$ 6030 Junction Box, Type 1 4 EA 1,300$ 6,000$ 6032 Junction Box, Type 2 2 EA 2,000$ 4,000$ 6040 Junction Box, Type 8 1 EA 4,000$ 4,000$ 6050 Meeker St. Standard Pedestrian Luminaire & Pole 3 EA 20,000$ 60,000$ 6060 Meeker St. Standard Street Luminaire & Pole 3 EA 20,000$ 60,000$ 7015 Inlet Protection 6 EA 150$ 1,000$ 7055 Erosion/Water Pollution Control 1 FA 7,000$ 7,000$ 7070 Street Cleaning 100 HR 140$ 14,000$ 8000 Street Tree Planting & Staking 1 EA 2,000$ 2,000$ 8003 Landscaping 1 LS 40,000$ 40,000$ TOTAL CONSTRUCTION 2,193,000$ 8.D.c Packet Pg. 73 Attachment: MMoM 64th 3. PE documented cost estimate (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize) June 3, 2021 The Honorable Dana Ralph City of Kent 220 4th Avenue South Kent, WA 98032 Dear Mayor Ralph, Congratulations! I’m pleased to let you know that the City of Kent is receiving $9,332,347 in PSRC funding for the following projects: PROJECT AWARD AMOUNT FUNDING DEADLINE Meet Me on Meeker Transit and Nonmotorized Intersection Improvements at W Meeker Street and 64th Avenue South $236,667 July 15, 2021 S 212th Preservation Grant (East Valley Highway - 72nd Ave S) $700,000 increase to 2021 award due July 15, 2021 76th Avenue South – North Segment $3,480,000 June 1, 2023 South 218th Street/98th Avenue South from 94th Place South to South 216th Street $4,915,680 June 1, 2024 Funding was approved by the Puget Sound Regional Council’s Executive Board in April and May. Supplemental Federal Highway Administration funds became available this year to award to projects on PSRC’s adopted contingency lists from the last major project competition. Addi- tionally, PSRC is directing funds to “ready to go” projects from the contingency lists to meet our “use it or lose it” regional project delivery target for 2021. Securing federal transportation funding for communities in the region is one of the key roles of the PSRC. Our project selection process is merit-based and helps identify the highest priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. As the region continues to work on maintaining and improving our transportation infrastructure, we are grateful for partners like you working to enhance mobility, support a resilient economy, and sustain a healthy environment and quality of life for people in the region. Thank you for your leadership and for the excellent work by your staff during a difficult year. I look forward to continuing to partner with you on efforts to help the region thrive now and into the future. Sincerely, Josh Brown Executive Director Puget Sound Regional Council cc: Chad Bieren, Interim Public Works Director 8.D.d Packet Pg. 74 Attachment: FHWA Contingency-Supplemental Award Ltr_Kent_June2021 (2727 : Meet Me on Meeker - 64th Avenue Intersection Grant DATE: June 15, 2021 TO: Kent City Council SUBJECT: Resolution Adopting the 2022-2027 Transportation Improvement Program - Adopt MOTION: I move to adopt Resolution No. 2027, adopting the 2022-2027 Six-Year Transportation Improvement Program. SUMMARY: The Draft 2022-2027 Six-Year TIP represents the City’s proposed transportation improvement work program for the next six years. Per RCW 35.77.010, the six-year plan for each city shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region. The program is also required to be consistent with the Kent Comprehensive Plan including the recent update to incorporate the Transportation Master Plan. Including projects in the Six-Year TIP allows the City to search for funding partners and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in the City’s adopted Six-Year TIP. Staff will be providing an update on: • Completed projects being removed from the TIP. • Potential new projects being added to the TIP for 2021 grant opportunities. BUDGET IMPACT: Each project or program within the Transportation Improvement Program will have a different budget impact dependent of external and internal funding sources. 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. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 8.E Packet Pg. 75 1. Transportation Improvement Project 2022_2027 Resolution (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.E Packet Pg. 76 1 2022-2027 Six-Year Transportation Improvement Program RESOLUTION NO. 2027 A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2022 through 2027 Six-Year Transportation Improvement Program. RECITALS A. After proper notice, the Land Use and Planning Board of the City of Kent held a public hearing at the regular meeting of the Land Use and Planning Board at 6:00 p.m. on May 24, 2021, to consider public testimony on the City’s proposed 2022 through 2027 Six-Year Transportation Improvement Program. B. Having considered public testimony on the plan, the Council would like to adopt the 2022 through 2027 Six-Year Transportation Improvement Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.E.a Packet Pg. 77 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2 2022-2027 Six-Year Transportation Improvement Program RESOLUTION SECTION 1. – Adoption. The 2022 through 2027, Six-Year Transportation Improvement Program, set forth in Exhibit “A,” which is attached and filed with City Clerk, is hereby adopted. 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. June 15, 2021 DANA RALPH, MAYOR Date Approved ATTEST: June 15, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.E.a Packet Pg. 78 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT WASHINGTON 2022 – 2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Mayor Dana Ralph Chad Bieren, PE, Director of Public Works EXHIBIT A 8.E.a Packet Pg. 79 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Table of Contents: Introduction ........................................................................................ i Project List ........................................................................................ vi 2022 – 2027 Six-Year TIP Cost Estimates ............................................... x Map of Projects ................................................................................. xiv Project Descriptions ............................................................................. 1 Contact Information .......................................................................... 59 On the Cover: Top - Willis Street at 4th Ave South Roundabout Ribbon cutting. Bottom - South 228th Street/Union Pacific Railroad Grade Separation Ribbon Cutting. 8.E.a Packet Pg. 80 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 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 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 programs. Projects and programs are included in the plan for a variety of reasons. These projects 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 also contribute funding to the cost of a 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. 8.E.a Packet Pg. 81 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT ii Document Structure Each project or program listed in the TIP includes an estimated cost, the amount of funding secured or unsecured and the funding source(s). If grant funding has been secured from a specific source, it is identified. Projects listed that are necessary to accommodate growth and allow the City to maintain its adopted Levels of Service may be funded in part by transportation impact fees. The costs for projects programmed in the first three years of the TIP have been developed with a higher level of certainty, whereas those in the latter three years have been developed with less specificity, as those projects are generally less defined. There are a series of 7 maps. Figure 1 details the 6 subareas that were developed in the Transportation Master Plan (TMP). Figures 2 through 7 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 2022-2027 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 limits or descriptions. Project limits are defined as changes to the starting or ending point of the project. 8.E.a Packet Pg. 82 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT iii Table 1 Projects Added PROJECT NAME #6 - 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 St #7 - 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) pedestrian crossing #16 - New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail #17 - New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) #18 - W Meeker Street Frontage from N Lincoln Avenue to the Interurban Trail #19 - Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal #23 - S 212th Street and E Valley Highway Concrete Intersection #31 - Local Road Safety Plan – 2023 Highway Safety Improvement Program #32 - W Meeker Street at Lincoln Avenue Compact Roundabout and Two-Way Bike Facility on Meeker Street from Washington Avenue N to N Lincoln Avenue #34 - Military Road at Reith Road/S 260th Street Intersection Improvements #35 - Reith Road – Compact Roundabouts and Road Diet #36 - 83rd Avenue S Sidewalks from S 228th Street to S 224th Street #37 - SE 272nd Street at 148th Avenue SE (Lake Meridian) – PHB pedestrian crossing #42 - Local Road Safety Plan – 2025 Highway Safety Improvement Program #43 - W Meeker Street Road Diet from the Interurban Trail to S 6th Avenue and Intersection Improvements at S 6th Avenue #46 - Russell Road Pedestrian Improvements Phase 2 - 700 feet north Meeker Street to existing sidewalk 500 feet south of 240th Street/James Street Table 2 Projects Removed PROJECT NAME COMMENTS S 228th Street/Union Pacific Railroad Grade Separation Completed Willis Street at 4th Avenue S Roundabout Completed Meeker Frontage Improvements and Midblock Crossing at the Riverbend Driving Range - Colony Park Apartments driveway to Russell Road Completed 76th Avenue S (Middle Phase) - 220th Street S to 216th Street S Completed Meeker Frontage Improvement at the Riverwood Apartments - Russell Road to 700 feet east of Russell Road Completed 8.E.a Packet Pg. 83 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT iv Table 3 Projects Changed PROJECT NAME COMMENTS #8 - Russell Road Pedestrian Improvements - Meeker Street to Hogan Park Change to project limits #11 - Local Road Safety Plan – Spot Location Safety Improvement Projects Updated Project Description - Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award #30 - 76th Avenue S (South Phase) – 2,600 feet south of S 212th Street to 3,660 feet south of S 212th Street Slight Change to project limits #58 - City Safety Program Update project title 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. 8.E.a Packet Pg. 84 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT v 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. Of the potential performance measures, 11 had sufficient data available to report. The Performance Measure Dashboard is below. The dashboard will be updated annually with the latest data for these measures as well as additional measures once sufficient data is available. 8.E.a Packet Pg. 85 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT vi Project List Project # Project Name, Location and Extent 1. W James Street at 2nd Avenue N Pedestrian Crossing 2. S 212th Street – 72nd Avenue S to 84th Avenue S (E Valley Highway) 3. Transportation Master Plan 4. Willis Street Shared Use Paths – Union Pacific Railroad to the 4th Avenue S Roundabout 5. Auburn to Renton RapidRide Access Improvements 6. 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 7. 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) pedestrian crossing 8. Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park 9. BNSF Railway Company Railroad Quiet Zone 10.Union Pacific Railroad Quiet Zone 11.Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award 12.Safe Routes to School – School Zone Flashers at 7 Elementary Schools 13.Meeker Street and 64th Avenue S – Intersection Improvements 14.76th Avenue S (North Phase) - S 212th Street to 1,000 feet south of S 212th Street 15.Meeker Frontage Improvement at Kent Elementary School 8.E.a Packet Pg. 86 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT vii 16.New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail 17.New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) 18.W Meeker Street Frontage from N Lincoln Avenue to the Interurban Trail 19.Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal 20.Naden Avenue and Willis Street Intersection Improvements 21.Naden Avenue Improvements - Willis Street to Meeker Street 22.132nd Avenue SE Pedestrian Improvements (Phase 3) – SE Kent- Kangley Road to SE 278th Place 23.S 212th Street and E Valley Highway Concrete Intersection 24.Railroad Safety Project - BNSF Railroad Crossing at E Smith Street 25.Veterans Drive Extension - Military Road to I-5 Southbound Off-ramp 26.E Valley Highway - S 196th Street to S 212th Street 27.S 212th Street Green River Bridge Rehabilitation 28.Meeker Street Green River Bridge Rehabilitation 29.S 212th Street - Green River Bridge (west) to Orillia Road S/City Limits 30.76th Avenue S (South Phase) – 2,600 feet south of S 212th Street to 3,660 feet south of S 212th Street 31.Local Road Safety Plan – 2023 Highway Safety Improvement Program 32.W Meeker Street at Lincoln Avenue Compact Roundabout and Two- Way Bike Facility on Meeker Street from Washington Avenue N to N Lincoln Avenue 8.E.a Packet Pg. 87 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT viii 33.S 216th Street - 98th Avenue S to 108th Avenue SE (SR 515/Benson Highway) 34.Military Road at Reith Road/S 260th Street Intersection Improvements 35.Reith Road – Compact Roundabouts and Road Diet 36.83rd Avenue S Sidewalks from S 228th Street to S 224th Street 37.SE 272nd Street at 148th Avenue SE (Lake Meridian) – Pedestrian Hybrid Beacon (PHB) pedestrian crossing 38.Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools 39.Panther Lake Signal System Integration 40.S 218th Street/98th Avenue S – 94th Place S to S 216th Street 41.S 212th Street – Green River Bridge (east) to 72nd Avenue S 42.Local Road Safety Plan – 2025 Highway Safety Improvement Program 43.W Meeker Street Road Diet from the Interurban Trail to S 6th Avenue and Intersection Improvements at S 6th Avenue 44.Kent Transit Center – Access, Mobility and Safety Improvements 45.SE 248th Street Improvements - 104th Avenue SE to 109th Avenue SE 46.Russell Road Pedestrian Improvements Phase 2 - 700 feet north Meeker Street to existing sidewalk 500 feet south of 240th Street/James Street 47.SE 248th Street Improvements - 109th Avenue SE to 116th Avenue SE 48.132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street 49.W James Street/W Smith Street Pedestrian Improvements 50.E Willis Street and Central Avenue Intersection Improvements 8.E.a Packet Pg. 88 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM CITY OF KENT ix 51.Central Avenue - Traffic Signal Communication 52.Midway Subarea TOD Street – S 244th Street and 32nd Avenue 53.SE 248th Street at 116th Avenue SE Roundabout Ongoing Citywide Programs 54.Street and Sidewalk Preservation and Repair Program 55.Traffic Signal Management Program 56.Channelization and Pavement Markings Maintenance Program 57.Guardrail Improvement Program 58.City Safety Program 8.E.a Packet Pg. 89 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022‐2027 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAMNo.ProjectYearProject CostsTotalCity SecuredExternal SecuredUnsecured Phases Total OtherPreliminaryEngineeringRight of Way Construction1W James Street at 2nd Avenue NPedestrian Crossing2022 $ 273,683 -$ 273,683$ -$ 273,683$ -$ 63,158$ -$ 210,525$ 2S 212th Street - 72nd Avenue S to 84th Ave S (E Valley Highway)2022 $ 3,342,130 1,242,130$ 2,100,000$ -$ 3,343,130$ -$ 141,715$ -$ 3,201,415$ 3 Transportation Master Plan 2022 $ 940,000 940,000$ -$ -$ 940,000$ 940,000$ -$ -$ -$ 4Willis Street Shared Use Paths 2022 $ 1,000,000 1,000,000$ -$ -$ 1,000,000$ -$ 200,000$ -$ 800,000$ 5Auburn to Renton Rapid RideAccess Improvements2022 $ 10,680,000 -$ 10,680,000$ -$ 10,680,000$ 1,520,000$ 1,650,000$ -$ 7,510,000$ 6Four Rectangular Rapid FlashingBeacons (RRFBs)2022 $ 1,183,588 20,000$ 1,163,588$ -$ 1,183,588$ -$ 253,626$ -$ 929,962$ 7108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library2022 $ 650,000 20,000$ 630,000$ -$ 650,000$ -$ 67,500$ -$ 582,500$ 8Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park2022 $ 585,866 20,000$ 565,866$ -$ 585,866$ -$ 114,417$ 51,920$ 419,529$ 9BNSF Railway Company RailroadQuiet Zone 2022 $ 1,938,000 1,938,000$ -$ -$ 1,938,000$ -$ 135,000$ 49,000$ 1,754,000$ 10 Union Pacific Railroad Quiet Zone 2022 $ 1,212,000 1,212,000$ -$ -$ 1,212,000$ -$ 85,000$ 31,000$ 1,096,000$ 11Local Road Safety Plan – 2020 Highway Safety Improvement Program HSIP Award2022 $ 1,644,675 24,675$ 1,620,000$ -$ 1,644,675$ -$ 246,700$ -$ 1,397,975$ 12Safe Routes to School – School Zone Flashers at 7 Elementary Schools2022 $ 330,000 20,000$ 310,000$ -$ 330,000$ -$ 49,500$ -$ 280,500$ 13Meeker Street and 64th AvenueS - Intersection Improvements2022 $ 2,467,000 37,333$ 274,000$ 2,155,667$ 2,467,000$ -$ 274,000$ -$ 2,193,000$ 14 76th Avenue S (North Section) 2022 $ 4,354,000 874,000$ 3,480,000$ -$ 4,354,000$ -$ 200,000$ 130,000$ 4,024,000$ 15Meeker Frontage Improvement at Kent Elementary School2022 $ 4,100,000 600,000$ -$ 3,500,000$ 4,100,000$ -$ 615,000$ -$ 3,485,000$ 16New and Enhanced Pedestrian Crossings2022 $ 5,000,000 -$ -$ 5,000,000$ 5,500,000$ -$ 500,000$ -$ 5,000,000$ 17New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516)2022 $ 2,200,000 -$ -$ 2,200,000$ 2,200,000$ -$ 200,000$ -$ 2,000,000$ PHASESPROJECTSPROJECT COSTSCITY OF KENTx8.E.aPacket Pg. 90Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation Improvement 2022‐2027 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAMNo.ProjectYearProject CostsTotalCity SecuredExternal SecuredUnsecured Phases Total OtherPreliminaryEngineeringRight of Way ConstructionPHASESPROJECT COSTS18W Meeker Street Frontage from N Lincoln Avenue to the Interurban Trail 2022 $ 6,225,000 -$ -$ 6,225,000$ 6,225,000$ -$ 810,000$ 15,000$ 5,400,000$ 19Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal2022 $ 8,390,000 -$ -$ 8,390,000$ 8,390,000$ -$ 760,000$ 30,000$ 7,600,000$ 20Naden Avenue and Willis StreetIntersection Improvements2022 $ 2,230,000 300,000$ 1,930,000$ 2,230,000$ -$ 250,000$ 230,000$ 1,750,000$ 21Naden Avenue Improvements -Willis Street to Meeker Street2022 $ 2,515,000 -$ 2,515,000$ 2,515,000$ -$ 315,000$ 100,000$ 2,100,000$ 22132nd Avenue S PedestrianImprovements (Phase 3)2022 $ 464,235 -$ 58,940$ 405,295$ 464,235$ -$ 58,940$ -$ 405,295$ 23S 212th Street and E ValleyHighway Concrete Intersection2022 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 450,000$ -$ 2,550,000$ 24Railroad Safety Project – BNSF Railroad Crossing at E Smith Street2022 $ 650,000 -$ 650,000$ 650,000$ -$ 50,000$ -$ 600,000$ 25 Veterans Drive Extension2022 $ 51,620,000 -$ 47,104,000$ 4,516,000$ 51,620,000$ -$ 2,765,000$ 10,270,000$ 38,585,000$ 26E Valley Highway - S 196thStreet to S 212th Street2022 $ 4,034,000 -$ -$ 4,034,000$ 4,034,000$ -$ 300,000$ -$ 3,734,000$ 27S 212th Street Green RiverBridge Rehabilitation2022 $ 1,008,500 -$ -$ 1,008,500$ 1,008,500$ -$ 150,000$ -$ 858,500$ 28Meeker Street Green RiverBridge Rehabilitation2022 $ 5,980,800 -$ -$ 5,980,800$ 5,980,800$ -$ 840,000$ 5,140,800$ 29S 212th Street - Green RiverBridge (west) to Orillia Road S2022 $ 3,436,000 1,936,000$ 1,500,000$ -$ 3,436,000$ -$ 416,000$ -$ 3,020,000$ 3076th Avenue South (SouthSection) 2023 $ 13,670,000 3,000,000$ -$ 10,670,000$ 13,670,000$ -$ 1,480,000$ 2,190,000$ 10,000,000$ 31Local Road Safety Plan – 2023 Highway Safety Improvement Program 2023 $ 865,000 -$ -$ 865,000$ 865,000$ -$ 105,000$ 60,000$ 700,000$ 32W Meeker Street at Lincoln Avenue Compact Roundabout and Two-Way Bike Facility on Meeker Street from Washington Avenue N to N Lincoln Avenue 2023 $ 5,290,000 -$ -$ 5,290,000$ 5,290,000$ -$ 690,000$ -$ 4,600,000$ PROJECTSCITY OF KENTxi8.E.aPacket Pg. 91Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation Improvement 2022‐2027 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAMNo.ProjectYearProject CostsTotalCity SecuredExternal SecuredUnsecured Phases Total OtherPreliminaryEngineeringRight of Way ConstructionPHASESPROJECT COSTS33S 216th Street - 98th Avenue S to 108th Avenue SE (SR 515/Benson Highway)2023 $ 10,000,000 50,000$ -$ 9,950,000$ 10,000,000$ -$ 1,000,000$ 1,000,000$ 8,000,000$ 34Military Road at Reith Road/S 260th Street Intersection Improvements2023 $ 9,460,000 -$ -$ 9,460,000$ 9,460,000$ -$ 860,000$ -$ 8,600,000$ 35Reith Road - Compact Roundabouts and Road Diet2023 $ 1,380,000 -$ -$ 1,380,000$ 1,380,000$ -$ 180,000$ -$ 1,200,000$ 3683rd Avenue S Sidewalks from S 228th Street to S 224th Street 2023 $ 462,000 -$ -$ 462,000$ 462,000$ -$ 42,000$ -$ 420,000$ 37SE 272nd Street at 148th Ave SE (Lake Meridian) – Pedestrian Hybrid Beacon pedestrian crossing 2023 $ 1,040,000 -$ 120,000$ 1,040,000$ 1,040,000$ -$ 120,000$ -$ 920,000$ 38Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools2023 $ 410,000 -$ -$ 410,000$ 410,000$ -$ 80,000$ 20,000$ 310,000$ 39Panther Lake Signal SystemIntegration2024 $ 400,000 -$ 400,000$ 400,000$ -$ 50,000$ -$ 350,000$ 40S 218th Street/98th Avenue S -94th Place S to S 216th Street2024 $ 10,594,000 5,678,320$ 4,915,680$ -$ 10,594,000$ -$ 1,076,000$ 1,158,000$ 8,360,000$ 41S 212th Street – Green River Bridge (east) to 72nd Avenue S2025 $ 3,610,000 -$ -$ 3,610,000$ 3,610,000$ -$ 440,000$ -$ 3,170,000$ 42Local Road Safety Plan – 2025 Highway Safety Improvement Program 2025 $ 865,000 -$ -$ 865,000$ 865,000$ -$ 105,000$ 60,000$ 700,000$ 43W Meeker Street Road Diet from the Interurban Trail to S 6th Avenue and Intersection Improvements at S 6th Avenue 2025 $ 430,000 -$ -$ 430,000$ 430,000$ -$ 50,000$ -$ 380,000$ 44 Kent Transit Center2025 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ 150,000$ 713,000$ -$ 2,137,000$ 45S 248th Street Improvements - 104th Avenue S to 109th Avenue S2025 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ -$ 500,000$ 250,000$ 4,250,000$ 46Russell Road PedestrianImprovements Phase 22025 $ 585,866 -$ -$ 585,866$ 585,866$ -$ 114,417$ 51,920$ 419,529$ 47S 248th Street Improvements - 109th Avenue S to 116th Avenue S2026 $ 7,000,000 -$ -$ 7,000,000$ 7,000,000$ -$ 500,000$ 250,000$ 6,250,000$ 48132nd Avenue SE PedestrianImprovements (Phase 4)2026 $ 850,000 -$ -$ 850,000$ 850,000$ -$ 100,000$ -$ 750,000$ PROJECTSCITY OF KENTxii8.E.aPacket Pg. 92Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation Improvement 2022‐2027 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAMNo.ProjectYearProject CostsTotalCity SecuredExternal SecuredUnsecured Phases Total OtherPreliminaryEngineeringRight of Way ConstructionPHASESPROJECT COSTS49W James Street/W Smith StreetPedestrian Improvement2026 $ 836,600 -$ -$ 836,600$ 836,600$ -$ 117,500$ -$ 719,100$ 50E Willis Street and Central Avenue S Intersection Improvements2027 $ 500,000 168,000$ -$ 332,000$ 500,000$ -$ 44,000$ 166,000$ 290,000$ 51 Central Avenue2027 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ 250,000$ 1,188,000$ -$ 3,562,000$ 52Midway Subarea TOD Streets – S 244th Street and 32nd Avenue S2027 $ 5,900,000 -$ -$ 5,900,000$ 5,900,000$ -$ 600,000$ 1,400,000$ 3,900,000$ 53Southeast 248th Street at 116thAve SE Roundabout2027 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 300,000$ 500,000$ 2,200,000$ $ 221,602,943 $ 19,080,458 $ 74,795,757 $ 127,846,728 $ 222,103,943 $ 2,860,000 $ 22,415,473 $ 18,012,840 $ 178,815,630 54Street and Sidewalk Preservationand Repair $ 106,200,000 $ 38,400,000 $- $ 67,800,000 106,200,000$ -$ 14,868,000$ 1,062,000$ 90,270,000$ 55Traffic Signal ManagementProgram $ 4,200,000 $ 3,750,000 $- $ 450,000 4,200,000$ -$ 600,000$ -$ 3,600,000$ 56Channelization and PavementMarkings Maintenance $ 4,800,000 $ 2,575,000 $- $ 2,225,000 4,800,000$ -$ 720,000$ -$ 4,080,000$ 57 Guardrail Safety Improvements $ 660,000 $ 660,000 $- $- 660,000$ -$ 60,000$ -$ 600,000$ 58City Safety Program $ 450,000 $ - $- $ 450,000 450,000$ -$ 67,500$ -$ 382,500$ $ 116,310,000 $ 45,385,000 $- $ 70,925,000 116,310,000$ -$ 16,315,500$ 1,062,000$ 98,932,500$ 337,912,943$ 64,465,458$ 74,795,757$ 198,771,728$ 338,413,943$ 2,860,000$ 38,730,973$ 19,074,840$ 277,748,130$ Total ProjectsPROJECTSPROGRAMSTotal ProgramsGrand TotalCITY OF KENTxiii8.E.aPacket Pg. 93Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation Improvement County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS052.5 Miles Figure 1: City of Kent 2022-2027 Transportation Improvement Program (TIP) Projects Subarea 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. Legend Downtown Manufacturing/Industrial Center (MIC) MIC- South West Hill/Midway North East Hill City Limits PDF map created by SL 03/03/21 South East The TIP Projects are identified in a series of maps by Subarea. Kent is split into Subareas based on land use, transportation network, and topographic characteristics. For more information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument? id=15900 or contact the Sr. Transportation Planner at ADelchamps@KentWA.gov. Subarea Date Visualized: 05/03/2021 By: SL xiv 8.E.a Packet Pg. 94 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation LakeFenwickRdRussellRdFragerRdS S236thSt WMeeker St S228th St RiverbendGolf Complex RussellRoad Park MullenSlough NaturalArea RussellWoods Park LakeFenwick Park 72ndAveS167 167 516 516 181 WMeekerSt 88thAveSS259thSt WSmithSt EWalnut St1stAveSWSaarSt EGuibersonSt6thAveN64thAveS64thAveS 3rdAveSWJamesSt 4thAveN1stAveNFragerRdS EMapleSt ET it us S t2ndAveNS228thSt 74thAveS2ndAveSRailroadAveNHawleyRdReitenRdEChicagoStVandeV anterAve3rdAveNAlvordAveNWMeekerSt WSmithSt EJamesStWJamesSt S228thStS228thSt CentralAveS68thAveS68thAveSCentralAveN SKent desMoinesRd ESmithStValleyFwy HillcrestBurial Park Kent Horsehead BendNatural Area King County, WA State Parks GIS, Esri Canada, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA Figure 2: 2022-2027 TIP Projects in the Downtown Subarea Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non-Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument?id=15900 or contact the Sr. Transportation Planner at ADelchamps@KentWA.gov. Downtown Safety Non-motorized Multimodal Maintenance ITS Capacity Legend 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. 0 10.5 Miles Date Visualized: 05/12/2021 By: SL 46 8 11 21 10 9 51 15 19 32 4 18 11 44 49 13 12 32 16 16 16 43 24 16 16 1 20 17 50 12 5 5516 66 5 55 55 19 28 44 xv 8.E.a Packet Pg. 95 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation City of Renton, County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Safety Non-motorized Multimodal Maintenance ITS Capacity Legend 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. Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non- Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https:// www.kentwa.gov/home/ showpublisheddocument?id=15900 Figure 3: 2022-2027 TIP Projects in the Manufacturing/ Industrial Center Subarea Manufacturing/Industrial Center 0 21Miles Date Visualized: 05/04/2021 By: SL 1627 12 23 66 25 29 41 14 9 30 10 2 36 51 40 11 33 26 xvi 8.E.a Packet Pg. 96 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS Figure 4: 2022-2027 TIP Projects in the North East Hill Subarea Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non-Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument?id=15900 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. Safety Non-motorized Multimodal Maintenance ITS Capacity Legend North East Hill 0 1 2Miles Date Visualized: 05/12/2021 By: SL 51 40 33 36 66 23 55 5 5 5 5 55 7 5 5 26 2 12 12 48 55 55 638 xvii 8.E.a Packet Pg. 97 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS010.5 Miles Figure 5: 2022-2027 TIP Projects in the West Hill/Midway Subarea Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non-Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument?id=15900 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. Safety Non-motorized Multimodal Maintenance ITS Capacity Legend West Hill/Midway Date Visualized: 05/04/2021 By: SL 35 35 35 2812 3411 52 25 12 xviii 8.E.a Packet Pg. 98 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Figure 6: 2022-2027 TIP Projects in the Manufacturing/Industrial Center - South Subarea Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non-Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument?id=15900 or contact the Sr. Transportation Planner at ADelchamps@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. Manufacturing/Industrial Center - South Safety Non-motorized Multimodal Maintenance ITS Capacity Legend Date Visualized: 05/04/2021 By: SL 16 55 9 55 51 10 xix 8.E.a Packet Pg. 99 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation County of King, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Figure 7: 2022-2027 TIP Projects in the South East Hill Subarea Projects are numbered and fall into six categories: Capacity, ITS, Maintenance, Multimodal Street, Non-Motorized, and Safety. For project information, please review the City of Kent’s TIP document at https://www.kentwa.gov/home/ showpublisheddocument?id=15900 or contact the Sr. Transportation Planner at ADelchamps@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. 0 21Miles South East Hill Safety Non-motorized Multimodal Maintenance ITS Capacity Legend Date Visualized: 05/12/2021 By: SL 5 55 38 55 55 5 47 53 55 6 11 12 22 37 6 48 45 xx 8.E.a Packet Pg. 100 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 1 PROJECT #1: W James Street at 2nd Avenue N Pedestrian Crossing YEAR: 2022 (Preliminary Engineering started in 2020) DESCRIPTION: Install a Rectangular Rapid Flashing Beacon (RRFB) and high visibility crosswalk. Curb ramps will be upgraded as required to meet Americans with Disabilities Act (ADA) standards. PROJECT COST: Preliminary Engineering .................. $63,158 Right of Way Acquisition ........................ $0 Construction .............................. $210,525 TOTAL ...................................... $273,683 Secured Funding .......................... $273,683 EXTERNAL FUNDING: Sound Transit System Access Funds……$273,683 TOTAL………………………………………$273,683 FUNDING SOURCE(S): Sound Transit System Access Funds PROJECT JUSTIFICATION: W James Street between 4th Avenue N and Central Avenue N is 0.3 miles long. The distance between pedestrian crossings is a barrier to multiple neighborhoods north of W James Street. This project will enhance pedestrian connectivity between those neighborhoods and destinations south of W James Street. 8.E.a Packet Pg. 101 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 2 PROJECT #2: S 212th Street - 72nd Avenue S to 84th Avenue S (E Valley Highway) YEAR: 2022 (Preliminary Engineering started in 2019) DESCRIPTION: The South 212th Street project includes grinding, replacement of failing pavement sections, and a full-width asphalt concrete pavement overlay of the entire roadway from 72nd Avenue S to 84th Avenue S (E Valley Highway). Curb ramps will be upgraded as required to meet ADA standards. PROJECT COST: Preliminary Engineering ................ $141,715 Right of Way Acquisition ........................ $0 Construction ........................... $3,201,415 TOTAL ................................... $3,342,130 Secured Funding………………………… $3,342,130 EXTERNAL FUNDING: Surface Transportation Program (2018) …...$2,100,000 TOTAL……………………………….……........$2,100,000 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 Manufacturing/Industrial Center (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 out of a possible 100 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 in the valley. 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. 8.E.a Packet Pg. 102 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 3 PROJECT #3: 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 current TMP was completed in 2008. The TMP update began in December 2018. 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 8.E.a Packet Pg. 103 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 4 PROJECT #4: Willis Street Shared Use Paths - Union Pacific Railroad to the 4th Avenue S Roundabout YEAR: 2022 DESCRIPTION: Construct a shared use path from the Union Pacific Railroad to the roundabout at 4th Avenue S in the existing right-of-way on the north and south sides of Willis Street. Project scope also includes general landscape enhancements and placemaking along the corridor. Design and construction are planned for 2021. PROJECT COST: Preliminary Engineering ................ $200,000 Right of Way Acquisition ........................ $0 Construction .............................. $800,000 TOTAL .................................. $1,000,000 Secured Funding ....................... $1,000,000 FUNDING SOURCE(S): City of Kent (Parks Capital) PROJECT JUSTIFICATION: This project will provide a shared use path on the north and south sides of Willis Street between the Union Pacific Railroad and the 4th Avenue S roundabout, a gateway to Kent project. This project will better connect the Interurban Trail to downtown Kent and serve as a gateway into the City’s urban core. The project is a collaborative effort between Public Works and Parks. 8.E.a Packet Pg. 104 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 5 PROJECT #5: Auburn to Renton RapidRide Access Improvements YEAR: 2022 (Preliminary Engineering started in 2019) DESCRIPTION: This project is to upgrade passenger facilities and increase access to transit within Kent along the new King County Metro RapidRide I corridor expected to open in 2023. 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 2021 and 2022. 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. 8.E.a Packet Pg. 105 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 6 PROJECT #6: 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: 2022 DESCRIPTION: Construct 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. PROJECT COST: Preliminary Engineering ................ $253,626 Right of Way Acquisition ........................ $0 Construction .............................. $929,962 TOTAL ................................... $1,183,588 Secured Funding ....................... $1,183,588 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. The Washington State Department of Transportation (WSDOT) selected these locations for funding under the Highway Safety Improvement Program (HSIP) in December 2020. 8.E.a Packet Pg. 106 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 7 PROJECT #7: 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library – Pedestrian Hybrid Beacon (PHB) pedestrian crossing YEAR: 2022 DESCRIPTION: Construct Pedestrian Hybrid Beacon pedestrian crossing with median pedestrian refuge island, curb ramp improvements. PROJECT COST: Preliminary Engineering .................. $67,500 Right of Way Acquisition ........................ $0 Construction .............................. $582,500 TOTAL ........................................ $650,000 Secured Funding .......................... $630,000 EXTERNAL FUNDING: WSDOT Pedestrian and Bicycle Program ……$630,000 TOTAL……………….……………………..……$630,000 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. 8.E.a Packet Pg. 107 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 8 PROJECT #8: Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park YEAR: 2022 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 ................ $114,417 Right of Way Acquisition ................. $51,920 Construction .............................. $419,529 TOTAL ..................................... $585,866 Secured Funding………….…. ............ $585,866 EXTERNAL FUNDING: WSDOT Pedestrian and Bicycle Program ……$565,866 TOTAL……………….……………………..……$565,866 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle 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. 8.E.a Packet Pg. 108 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 9 PROJECT #9: BNSF Railway Company Railroad Quiet Zone YEAR: 2022 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. 8.E.a Packet Pg. 109 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 10 PROJECT #10: Union Pacific Railroad Quiet Zone YEAR: 2022 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. 8.E.a Packet Pg. 110 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 11 PROJECT #11: Local Road Safety Plan – 2020 Highway Safety Improvement Program (HSIP) Award YEAR: 2022 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 ................ $246,700 Right of Way Acquisition ........................ $0 Construction ........................... $1,397,975 TOTAL ................................... $1,644,675 Secured Funding ....................... $1,644,675 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 Washington State Department of Transportation (WSDOT) through the Highway Safety Improvement Program (HSIP). The compact roundabout will address the crash history at the intersection of 108 Ave SE and SE 264 St and provide a calming effect to the 108 Ave SE corridor. The road diets reduce conflict points, provide bike facilities on planned bike routes, and improve the overall safety of the roadway. 8.E.a Packet Pg. 111 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 12 PROJECT #12: Safe Routes to School – School Zone Flashers at 7 Elementary Schools YEAR: 2022 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 .................. $49,500 Right of Way Acquisition ........................ $0 Construction .............................. $280,500 TOTAL ...................................... $330,000 Secured Funding .......................... $330,000 EXTERNAL FUNDING: WSDOT Safe Routes to School Program ……$310,000 TOTAL……………….……………………..……$310,000 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. 8.E.a Packet Pg. 112 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 13 PROJECT #13: Meeker Street and 64th Avenue S - Intersection Improvements YEAR: 2022 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 ................ $274,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,193,000 TOTAL ................................... $2,467,000 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. 8.E.a Packet Pg. 113 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 14 PROJECT #14: 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 ................. $200,000 Right of Way Acquisition................. $130,000 Construction .............................. $4,024,000 TOTAL .................................... $4,354,000 Secured Funding ...................... $4,354,000 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. 8.E.a Packet Pg. 114 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 15 PROJECT #15: Meeker Frontage Improvement at Kent Elementary School YEAR: 2022 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 ................. $615,000 Right of Way Acquisition ........................ $0 Construction ......................... $3,485,0000 TOTAL ................................... $4,100,000 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. 8.E.a Packet Pg. 115 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 16 PROJECT #16: New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center, in the Kent Manufacturing/Industrial Center (MIC), and along the Interurban Trail YEAR: 2022 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 ................ $500,000 Right of Way Acquisition ........................ $0 Construction ........................... $5,000,000 TOTAL ................................... $5,500,000 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. 8.E.a Packet Pg. 116 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 17 PROJECT #17: New Traffic Signal on Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) YEAR: 2022 DESCRIPTION: Install new traffic signal on Washington Avenue S between Willis Street 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 ................ $200,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,000,000 TOTAL ................................... $2,200,000 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 Ave 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. 8.E.a Packet Pg. 117 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 18 PROJECT #18: W Meeker Street Frontage from N Lincoln Avenue to the Interurban Trail YEAR: 2022 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 ................ $810,000 Right of Way Acquisition ................. $15,000 Construction ........................... $5,400,000 TOTAL ................................... $6,225,000 Secured Funding ................................... $0 FUNDING SOURCE(S): 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. 8.E.a Packet Pg. 118 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 19 PROJECT #19: Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal YEAR: 2022 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 Ave 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 ................ $760,000 Right of Way Acquisition ................. $30,000 Construction ........................... $7,600,000 TOTAL ................................... $8,390,000 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) 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. 8.E.a Packet Pg. 119 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 20 PROJECT #20: Naden Avenue and Willis Street Intersection Improvements YEAR: 2022 (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 ................ $250,000 Right of Way Acquisition ............... $230,000 Construction ........................... $1,750,000 TOTAL ................................... $2,230,000 Secured Funding………... ................ $300,000 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 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. 8.E.a Packet Pg. 120 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 21 PROJECT #21: Naden Avenue Improvements - Willis Street to Meeker Street YEAR: 2022 DESCRIPTION: Build the new Naden Avenue connecting Willis Street and Meeker Street to prepare the site for development. PROJECT COST: Preliminary Engineering ................ $315,000 Right of Way Acquisition ............... $100,000 Construction ........................... $2,100,000 TOTAL ................................... $2,515,000 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. 8.E.a Packet Pg. 121 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 22 PROJECT #22: 132nd Avenue SE Pedestrian Improvements (Phase 3) – SE Kent-Kangley Road to SE 278th Place YEAR: 2022 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 278th Place and 132nd Avenue SE. PROJECT COST: Preliminary Engineering .................. $58,940 Right of Way Acquisition ........................ $0 Construction .............................. $405,295 TOTAL ..................................... $464,235 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. 8.E.a Packet Pg. 122 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 23 PROJECT #23: S 212th Street and E Valley Highway Concrete Intersection YEAR: 2022 DESCRIPTION: This project will remove failing asphalt pavement and replace it with Portland cement concrete pavement. PROJECT COST: Preliminary Engineering ................ $450,000 Right of Way Acquisition ........................ $0 Construction ........................... $2,550,000 TOTAL ................................... $3,000,000 Secured Funding ................................... $0 FUNDING SOURCE(S): Puget Sound Regional Council Grants (Federal Surface Transportation Program), City of Kent (Business and Occupation Tax), Transportation Improvement Board, Freight Mobility Strategic Investment Board (FMSIB). PROJECT JUSTIFICATION: The intersection provides access to the Kent MIC from SR 167. The average daily traffic on S 212th Street is over 25,000 with 15% trucks to the east of the intersection and over 35,000 to the west of the intersection. The average daily traffic on 84th Avenue S/E Valley Highway is over 30,000 with 14% trucks to the north of the intersection and over 29,000 to the south of the intersection. The intersection currently has rutting and shoved pavement which is indicative of the failure of subgrade (underlying soils). Replacement of the relatively ‘flexible’ pavement with rigid concrete pavement will provide upward of 30 years of pavement life, reducing the impacts to commuters and businesses located in the Kent MIC. 8.E.a Packet Pg. 123 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 24 PROJECT #24: Railroad Safety Project – BNSF Railroad Crossing at E Smith Street YEAR: 2022 DESCRIPTION: Install pedestrian gates in the northwest and southeast quadrants. Connect pedestrian gates to existing railroad crossing gate system. PROJECT COST: Preliminary Engineering .................. $50,000 Right of Way Acquisition ........................ $0 Construction .............................. $600,000 TOTAL ...................................... $650,000 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. 8.E.a Packet Pg. 124 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 25 PROJECT #25: Veterans Drive Extension - Military Road to I-5 Southbound Off-ramp YEAR: 2022 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 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. 8.E.a Packet Pg. 125 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 26 PROJECT #26: E Valley Highway - S 196th Street to S 212th Street YEAR: 2022 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. Curb ramps and pedestrian push buttons will be upgraded as required to meet ADA standards. PROJECT COST: Preliminary Engineering ................ $300,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,734,000 TOTAL ................................... $4,034,000 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. 8.E.a Packet Pg. 126 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 27 PROJECT #27: S 212th Street Green River Bridge Rehabilitation YEAR: 2022 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 ................ $150,000 Right of Way Acquisition ........................ $0 Construction .............................. $858,500 TOTAL ................................... $1,008,500 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. 8.E.a Packet Pg. 127 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 28 PROJECT #28: Meeker Street Green River Bridge Rehabilitation YEAR: 2022 DESCRIPTION: Replace the existing finger expansion joints and bearing pads, deck resurfacing, and bridge repainting. PROJECT COST: Preliminary Engineering ................ $840,000 Right of Way Acquisition ........................ $0 Construction ........................... $5,140,800 TOTAL ................................... $5,980,800 Secured Funding ................................... $0 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. 8.E.a Packet Pg. 128 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 29 PROJECT #29: 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 ................ $416,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,020,000 TOTAL ................................... $3,436,000 Secured Funding………………………….$3,436,000 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. 8.E.a Packet Pg. 129 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 30 PROJECT #30: 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 ............. $1,480,000 Right of Way Acquisition ............ $2,190,000 Construction ......................... $10,000,000 TOTAL ................................. $13,670,000 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, Puget Sound Regional Council Grants (Federal Surface Transportation Program) 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. 8.E.a Packet Pg. 130 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 31 PROJECT #31: 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 ................ $105,000 Right of Way Acquisition ................. $60,000 Construction .............................. $700,000 TOTAL ...................................... $865,000 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. 8.E.a Packet Pg. 131 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 32 PROJECT #32: W Meeker Street at Lincoln Avenue Compact Roundabout and Two-Way Bike Facility on Meeker Street from Washington Avenue N to N Lincoln Avenue YEAR: 2023 DESCRIPTION: Construct a compact roundabout at the intersection of Lincoln Avenue N and W Meeker Street and separated two-way bike lanes on the south side of W Meeker St from Washington Avenue N to Lincoln Ave N. Provide separated one-way bike lane connections to the bike lanes on Lincoln Avenue N and W Smith Street. PROJECT COST: Preliminary Engineering ................ $690,000 Right of Way Acquisition ........................ $0 Construction ........................... $4,600,000 TOTAL ................................... $5,290,000 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: West of the project, private development at 64th Avenue S and W Meeker Street will construct the Meet Me on Meeker promenade along approximately 1,000 feet of property frontage and two city-led efforts will construct two-way separated bike lanes and some on-street parking along approximately 1,500 feet of property frontage. This project provides approximately 775 feet of promenade connection along W Meeker Street between Washington Avenue North and the new roundabout at N Lincoln Avenue. 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. 8.E.a Packet Pg. 132 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 33 PROJECT #33: S 216th Street - 98th Avenue S to 108th Avenue SE (SR 515/Benson Highway) YEAR: 2023 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 ............. $1,000,000 Right of Way Acquisition ............ $1,000,000 Construction ........................... $8,000,000 TOTAL ................................. $10,000,000 Secured Funding ............................ $50,000 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. 8.E.a Packet Pg. 133 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 34 PROJECT #34: Military Road at Reith Road/S 260th Street Intersection Improvements YEAR: 2023 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 ................ $860,000 Right of Way Acquisition ........................ $0 Construction ........................... $8,600,000 TOTAL ................................... $9,460,000 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 individually. 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. 8.E.a Packet Pg. 134 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 35 PROJECT #35: 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 ................ $180,000 Right of Way Acquisition ........................ $0 Construction ........................... $1,200,000 TOTAL ................................... $1,380,000 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), Transportation Improvement Board, WSDOT City Safety Program (Federal Highway Safety Improvement Program) 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. 8.E.a Packet Pg. 135 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 36 PROJECT #36: 83rd Avenue S Sidewalks from S 228th Street to S 224th Street YEAR: 2023 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 .................. $42,000 Right of Way Acquisition ........................ $0 Construction .............................. $420,000 TOTAL ...................................... $462,000 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. 8.E.a Packet Pg. 136 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 37 PROJECT #37: SE 272nd Street at 148th Ave SE (Lake Meridian) – Pedestrian Hybrid Beacon (PHB) pedestrian crossing YEAR: 2023 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 ................ $120,000 Right of Way Acquisition ........................ $0 Construction ............................... $920,0000 TOTAL ................................... $1,040,000 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. 8.E.a Packet Pg. 137 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 38 PROJECT #38: Safe Routes to School – East Hill Elementary and Mill Creek Middle Schools YEAR: 2023 DESCRIPTION: Widen 94th Avenue S within 150’ of the intersection with 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 .................. $80,000 Right of Way Acquisition ................. $20,000 Construction .............................. $310,000 TOTAL ...................................... $410,000 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. 8.E.a Packet Pg. 138 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 39 PROJECT #39: Panther Lake Signal System Integration YEAR: 2024 DESCRIPTION: This project includes extension of the fiber optic communications network along 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 .................. $50,000 Right of Way Acquisition ........................ $0 Construction .............................. $350,000 TOTAL ...................................... $400,000 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. 8.E.a Packet Pg. 139 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 40 PROJECT #40: S 218th Street/98th Avenue S - 94th Place S to S 216th Street 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 ............. $1,076,000 Right of Way Acquisition ............ $1,158,000 Construction ........................... $8,360,000 TOTAL ................................. $10,594,000 Secured Funding ..................... $10,594,000 EXTERNAL FUNDING: Surface Transportation Program (2024) …...$4,915,680 TOTAL……………………………….……........$4,915,680 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. 8.E.a Packet Pg. 140 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 41 PROJECT #41: S 212th Street – Green River Bridge (east) to 72nd Avenue S YEAR: 2025 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 ................ $440,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,170,000 TOTAL ................................... $3,610,000 Secured Funding ................................... $0 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. 8.E.a Packet Pg. 141 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 42 PROJECT #42: 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 ................ $105,000 Right of Way Acquisition ................. $60,000 Construction .............................. $700,000 TOTAL ...................................... $865,000 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. 8.E.a Packet Pg. 142 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 43 PROJECT #43: W Meeker Street Road Diet from the Interurban Trail to S 6th Avenue and Intersection Improvements at S 6th Avenue YEAR: 2025 DESCRIPTION: Reduce the number of travel lanes on W Meeker St 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 .................. $50,000 Right of Way Acquisition ........................ $0 Construction .............................. $380,000 TOTAL ...................................... $430,000 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. 8.E.a Packet Pg. 143 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 44 PROJECT #44: Kent Transit Center - Access, Mobility and Safety Improvements YEAR: 2025 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 ................ $713,000 Equipment .................................. $150,000 Construction ............................ $2,137,000 TOTAL ................................... $3,000,000 Secured Funding ................................... $0 FUNDING SOURCE(S): King County METRO, Washington State Department of Transportation Regional Mobility 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. 8.E.a Packet Pg. 144 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 45 PROJECT #45: SE 248th Street Improvements - 104th Avenue SE to 109th Avenue SE YEAR: 2025 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 ................ $500,000 Right of Way Acquisition ............... $250,000 Construction ........................... $4,250,000 TOTAL ................................... $5,000,000 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. 8.E.a Packet Pg. 145 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 46 PROJECT #46: Russell Road Pedestrian Improvements Phase 2 - 700 feet north of Meeker Street to existing sidewalk 500 feet south of 240th Street/James Street YEAR: 2025 DESCRIPTION: A continuous pedestrian facility will be constructed along Russell Road from 700 feet north of Meeker Street to the existing sidewalk 500 feet south of 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 ................ $114,417 Right of Way Acquisition ................. $51,920 Construction .............................. $419,529 TOTAL ..................................... $585,866 Secured Funding………….….. .................... $0 FUNDING SOURCE(S): City of Kent (Business and Occupation Tax, Transportation Impact Fees), WSDOT Pedestrian and Bicycle Program, WSDOT Safe Routes to School Program, 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 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. 8.E.a Packet Pg. 146 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 47 PROJECT #47: SE 248th Street Improvements - 109th Avenue SE to 116th Avenue SE YEAR: 2026 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 ................ $500,000 Right of Way Acquisition ............... $250,000 Construction ........................... $6,250,000 TOTAL ................................... $7,000,000 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. 8.E.a Packet Pg. 147 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 48 PROJECT #48: 132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street YEAR: 2026 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 ................ $100,000 Right of Way Acquisition ........................ $0 Construction ............................ $750,0000 TOTAL ..................................... $850,000 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. 8.E.a Packet Pg. 148 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 49 PROJECT #49: 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 ................ $117,500 Right of Way Acquisition ........................ $0 Construction .............................. $719,100 TOTAL ...................................... $836,600 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. 8.E.a Packet Pg. 149 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 50 PROJECT #50: E Willis Street and Central Avenue S 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 .................. $44,000 Right of Way Acquisition ............... $166,000 Construction .............................. $290,000 TOTAL ...................................... $500,000 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. 8.E.a Packet Pg. 150 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 51 PROJECT #51: 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 ............. $1,188,000 Equipment .................................. $250,000 Construction ............................ $3,562,000 TOTAL ................................... $5,000,000 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. 8.E.a Packet Pg. 151 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 52 PROJECT #52: Midway Subarea TOD Streets – S 244th Street and 32nd Avenue S YEAR: 2027 DESCRIPTION: Construct two new 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 ................ $600,000 Right of Way Acquisition ............ $1,400,000 Construction ........................... $3,900,000 TOTAL ................................... $5,900,000 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. 8.E.a Packet Pg. 152 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 53 PROJECT #53: SE 248th Street at 116th Avenue SE Roundabout YEAR: 2027 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 ................ $300,000 Right of Way Acquisition ............... $500,000 Construction ........................... $2,200,000 TOTAL ................................... $3,000,000 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. 8.E.a Packet Pg. 153 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 54 PROJECT #54: Street and Sidewalk Preservation and Repair Program Ongoing Citywide Program YEAR: 2022 - 2027 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 ........... $14,868,000 Right of Way Acquisition ............ $1,062,000 Construction ......................... $90,270,000 TOTAL ............................... $106,200,000 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. 8.E.a Packet Pg. 154 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 55 PROJECT #55: Traffic Signal Management Program Ongoing Citywide Program YEAR: 2022 - 2027 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 ................ $600,000 Right of Way Acquisition ........................ $0 Construction ........................... $3,600,000 TOTAL ................................... $4,200,000 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. 8.E.a Packet Pg. 155 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 56 PROJECT #56: Channelization and Pavement Markings Maintenance Program Ongoing Citywide Program YEAR: 2022 - 2027 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 ................ $720,000 Right of Way Acquisition ........................ $0 Construction ........................... $4,080,000 TOTAL ................................... $4,800,000 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. 8.E.a Packet Pg. 156 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 57 PROJECT #57: Guardrail Improvements Program Ongoing Citywide Program YEAR: 2022 - 2027 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 .................. $60,000 Right of Way Acquisition ........................ $0 Construction .............................. $600,000 TOTAL ...................................... $660,000 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. 8.E.a Packet Pg. 157 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Descriptions CITY OF KENT 58 PROJECT #58: City Safety Program Ongoing Citywide Program YEAR: 2022 - 2027 DESCRIPTION: Make various safety improvements throughout the City each year to enhance safety for all road users. PROJECT COST: Preliminary Engineering .................. $67,500 Right of Way Acquisition ........................ $0 Construction .............................. $382,500 TOTAL ...................................... $450,000 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. 8.E.a Packet Pg. 158 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation 59 CITY OF KENT, WASHINGTON 2022 – 2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM For more information or additional copies of this document contact: April Delchamps, AICP Senior Transportation Planner City of Kent, Public Works, Engineering 400 West Gowe Street Kent, WA 98032-5895 Office 253-856-5564 Cell 253-561-4789 adelchamps@kentwa.gov 8.E.a Packet Pg. 159 Attachment: Transportation Improvement Project 2022_2027 Resolution (2728 : Resolution Adopting the 2022-2027 Transportation DATE: June 15, 2021 TO: Kent City Council SUBJECT: RailPros Field Services, Inc. Amendment No. 3 for South 228th Street Union Pacific Railroad Grade Separation - Authorize MOTION: I move to authorize the Mayor to sign Amendment No. 3 to the Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $68,000, for the purpose of railroad flagging, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Completion of the South 228th Street Union Pacific Railroad Grade Separation project requires railroad flagging to ensure railroad traffic is not impeded by construction. RailPros Field Services, Inc. is the only company authorized by the Union Pacific Railroad to conduct flagging operations on the Union Pacific tracks. They will provide the railroad flagging during completion of finish work on the bridge and related infrastructure. Some additional flagging services are needed to complete the project. BUDGET IMPACT: Included as part of the project budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. RailPros - 228th UPRR Grade Sep Amd 3 (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.F Packet Pg. 160 AMENDMENT - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: RailPros Field Services, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228th St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: September 7, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide additional railroad flagging services for the project. For a description, see the Vendor's quote and billing rates which is attached as Exhibit A and B and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $190,000 Net Change by Previous Amendments including applicable WSST $284,500 Current Contract Amount including all previous amendments $474,500 Current Amendment Sum $68,000 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $542,500 8.F.a Packet Pg. 161 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 12/31/20 Revised Time for Completion under prior Amendments (insert date) 8/31/21 Add’l Days Required (±) for this Amendment 122 calendar days Revised Time for Completion (insert date) 12/31/21 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department RailPros - 228th UPRR Grade Sep Amd 3/Smith 8.F.a Packet Pg. 162 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific 1320 Greenway Dr., Suite 490 Irving, TX 75038 P: (877) 315 - 0513 www.railpros.com May 25, 2021 Bryan Bond City of Kent 253-856-5652 bbond@kentwa.gov Subject: Quote for Contractor in Charge Services Dear Mr. Bond, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All of our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8-hour on-site workday, mobilization, and Per Diem costs. Our services are billed for the Contractor in Charge’s (CIC’s) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC’s 8 hours will be charged at an hourly overtime rate. The rates for our services are as follows: Standard Work Day: Standard 8-hour day $1,150.00 Overtime rate per hour after 8 hours $145.00 Nights, Weekends, and Holidays: Standard 8-hour day $1,400.00 Overtime rate per hour after 8 hours $175.00 In the event of cancellation, if RailPros Management is given less than 24 hours’ notice, it is considered a billable day. Cancellations must be made in writing to UP.Info@RailPros.com. This quote is based on RailPros understanding of prevailing wage requirements in King County, WA. Invoices are submitted upon completion of the job or at month’s end. On-going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. Invoices are subject to a 1.5% fee for every 30 days the payment is delinquent. RailPros accepts payment for services via Visa, MasterCard, Discover and American Express without additional fees. We encourage you to use this free and convenient service with no processing fees. Please refer to the second page of this document for credit card payments. Please contact RailPros at 877-315-0513 X116 or UP.Info@railpros.com for more information. This quote is valid for 30 days and is subject to the attached Services Agreement (SA). You may indicate your acceptance of this quote and the SA by signing and returning both documents via email. If you have any questions regarding this quote or would like further information, please feel free to contact me. Thank you, RAILPROS CANDACE MOONEY Field Services Associate 877.315.0513 x116 AGREED TO AND ACCEPTED BY: Client Company Representative Printed Name Title Date RailPros offers a full suite of right of way services including permitting, utility inspections, railroad engineering services and customizable training. To learn more, visit www.railpros.com EXHIBIT A 8.F.a Packet Pg. 163 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Working Days Standard fee per day Total Original Contract: 200 $950.00 $190,000 Amendment #1: 110 $950.00 $104,500 Amendment #2: 167 $950.00 $158,650 Amendment #2 Overtime $21,350 Amendment #3: 57.913 $1,150.00 $66,600 Amendment #3 Overtime $1,400 Total after Amendment $542,500 EXHIBIT B 8.F.a Packet Pg. 164 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Holder Identifier : 7777777707070700077761616045571110776617006304557307443137762417210073641577147321120777051513076411207036110667331546071722324771336650745550614037664607405156423364571076727242035772000777777707000707007 7777777707070700073525677115456000732151046036413107033327352173100070333372421720100703332635206311007023227253172000070333363421620000703332635217300007133336252172100077756163351765540777777707000707007Certificate No :570085934652CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/02/2021 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 19489Allied World Assurance Company (US) IncINSURER A: 20508Valley Forge Insurance CoINSURER B: 20478National Fire Ins. Co. of HartfordINSURER C: 35289The Continental Insurance CompanyINSURER D: 20494Transportation Insurance Co.INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 Allied World Surplus Lines Insurance Co 24319 CONTACT NAME: RailPros Holdings, LLC 1320 Greenway Dr, Suite 490 Irving TX 75038 USA COVERAGES CERTIFICATE NUMBER:570085934652 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $15,000 $1,000,000 $2,000,000 $2,000,000 C 02/01/2021 02/01/20227012207945 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $1,000,000B02/01/2021 02/01/2022 Comp Ded:$1,000 COMBINED SINGLE LIMIT (Ea accident) 7012207931 Coll Ded: $1,000X EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 02/01/2021 SIR applies per policy terms & conditions UMBRELLA LIABD 02/01/20227012207900 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTED02/01/2021 02/01/2022 AOS 7012207914E 02/01/2021 02/01/2022 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN CA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 7012207928 Each Claim Limit0310577302/01/2021 02/01/2022 Proff. Liab.- Claims-Made $10,000,000Aggregate Limit Pollution Coverage Included Archit&Eng ProfF SIR applies per policy terms & conditions $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent, Washington is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability policies. A Waiver of Subrogation is provided in favor of Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and Workers Compensation policies. General Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Kent, Washington 220 Fourth Avenue South Kent WA 98032 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8.F.a Packet Pg. 165 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570085934652 570085934652 Aon Risk Services Northeast, Inc. 570000085525 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. Westchester Fire Insurance CompanyINSURER INSURER INSURER INSURER G : INSURER(S) AFFORDING COVERAGE Page _ of _ 10030 NAIC # RailPros Holdings, LLC TYPE OF INSURANCE POLICY NUMBER LIMITSADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 8.F.a Packet Pg. 166 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 7 12207914 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 48 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. 8.F.a Packet Pg. 167 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3.Additional Insured –Extended Coverage 4.Boats 5.Bodily Injury –Expanded Definition 6.Broad Knowledge of Occurrence/Notice of Occurrence 7.Broad Named Insured 8.Contractual Liability –Railroads 9.Estates,Legal Representatives and Spouses 10.Expected Or Intended Injury –Exception for Reasonable Force 11.General Aggregate Limits of Insurance –Per Location 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability –Damage To Premises 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury –Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage –Elevators 23.Retired Partners,Members,Directors And Employees 24.Supplementary Payments 25.Unintentional Failure To Disclose Hazards 26.Waiver of Subrogation –Blanket 27.Wrap-Up Extension:OCIP,CCIP or Consolidated (Wrap-Up)Insurance Programs 7012207945CNA74858XX(1-15)Policy No: 9Page1of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535278.F.a Packet Pg. 168 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through I.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part;and (2)was executed prior to: (a)the bodily injury or property damage;or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through I.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Engineers,Architects or Surveyors Engaged By You An architect,engineer or surveyor engaged by the Named Insured,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions,or the acts or omissions of those acting on the Named Insured's behalf: a.in connection with the Named Insured's premises;or b.in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured,including but not limited to: 7012207945CNA74858XX(1-15)Policy No: 9Page2of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 169 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.the preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or 2.supervisory,inspection,architectural or engineering activities. D.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 7012207945CNA74858XX(1-15)Policy No: 9Page3of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535288.F.a Packet Pg. 170 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I.Trade Show Event Lessor 1.With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: a.the Named Insured's acts or omissions;or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.ADDITIONAL INSURED –EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part,WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a.An individual,then his or her spouse is an Insured; b.A partnership or joint venture,then its partners,members and their spouses are Insureds; c.A limited liability company,then its members and managers are Insureds;or d.An organization other than a partnership,joint venture or limited liability company,then its executive officers, directors and shareholders are Insureds; 7012207945CNA74858XX(1-15)Policy No: 9Page4of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 171 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only with respect to their respective roles within their organizations. Please see the ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4.BOATS Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft,Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 6.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 7.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part;or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have 7012207945CNA74858XX(1-15)Policy No: 9Page5of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535298.F.a Packet Pg. 172 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership,limited liability company or joint venture;or (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A.owning interests representing more than 50%of the voting,appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control,or that first occurs after management control ceases;nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 8.CONTRACTUAL LIABILITY –RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality)under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: 7012207945CNA74858XX(1-15)Policy No: 9Page6of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 173 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; (2)Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy;provided,however,coverage is afforded to such estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses only for claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks damages from marital community property,jointly held property or property transferred from such natural person Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative,or spouse outside the scope of such person's capacity or status as such,provided,however,that the spouse of a natural person Named Insured,and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION A.A separate Location General Aggregate Limit,equal to the amount of the General Aggregate Limit,is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Location General Aggregate Limit of any other location. B.All: 1.Damages under Coverage B,regardless of the number of locations involved; 7012207945CNA74858XX(1-15)Policy No: 9Page7of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535308.F.a Packet Pg. 174 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single location,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C.For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision, "location"means: 1.a premises the Named Insured owns or rents;or 2.a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement.If operations at such a location have been discontinued and then restarted,or if the authorized parties deviate from plans,blueprints,designs, specifications or timetables,the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance,premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway or right-of-way of a railroad shall be considered a single location. D.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard,regardless of the number of locations involved,will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and 7012207945CNA74858XX(1-15)Policy No: 9Page8of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 175 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement B.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not be limited to claims based on an individual's race,creed,color,age,gender,national origin,religion,disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act,error or omission by the Named Insured's employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; 7012207945CNA74858XX(1-15)Policy No: 9Page9of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535318.F.a Packet Pg. 176 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; iii.amend the definition of Insured to: a.add the following: the Named Insured's employees are Insureds with respect to: (1)bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the following: Other Insurance 7012207945CNA74858XX(1-15)Policy No: 9Page10of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 177 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement b.Excess Insurance (1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES A.Past Joint Ventures,Partnerships,Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date,and the personal and advertising injury arising out of such offense,first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date;and c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. If the joint venture,partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above.But this provision will not serve to exclude bodily injury,property damage or personal and advertising injury that would otherwise be covered under the Architects,Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS.Please see that provision for the definition of consolidated (wrap-up)insurance program. B.Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations,but only if such joint venture meets all of the following criteria: a.Each and every one of the Named Insured's co-venturers are architectural,engineering or surveying firms only;and b.There is no other valid and collectible insurance purchased specifically to insure the joint venture. However,the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture.The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers,nor of their partners,members or employees. C.WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects,Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any),no person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 7012207945CNA74858XX(1-15)Policy No: 9Page11of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535328.F.a Packet Pg. 178 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j.Damage to Property Property damage to: (1)Property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you, or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells,gives away or abandons,if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care,custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations,if the property damage arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because your work was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i.tools,or equipment the Named Insured borrows from others,nor ii.other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a.property at a job site awaiting or during such property's installation,fabrication,or erection; b.property that is mobile equipment leased by an Insured; 7012207945CNA74858XX(1-15)Policy No: 9Page12of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 179 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement c.property that is an auto,aircraft or watercraft; d.property in transit;or e.any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others.See LIMITS OF INSURANCE as amended below. B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment,and to other personal property of others in the Named Insured's care,custody or control,while being used in the Named Insured's operations away from any Named Insured's premises.The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a.$500,000;or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; 16.LIQUOR LIABILITY Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 7012207945CNA74858XX(1-15)Policy No: 9Page13of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535338.F.a Packet Pg. 180 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES,the Insuring Agreement of Coverage C –Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18.NON-OWNED AIRCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained,paid crew to the Named Insured;and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and replace it with the following. This exclusion does not apply to: (2)a watercraft that is not owned by any Named Insured,provided the watercraft is: (a)less than 75 feet long;and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: 7012207945CNA74858XX(1-15)Policy No: 9Page14of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 181 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured;or (b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. 21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY provision,the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B: 1.Paragraph 2.d.is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met,attorney's fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred 7012207945CNA74858XX(1-15)Policy No: 9Page15of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535348.F.a Packet Pg. 182 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22.PROPERTY DAMAGE –ELEVATORS A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners,members,directors or employees,but only for bodily injury,property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision.All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 25.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 7012207945CNA74858XX(1-15)Policy No: 9Page16of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 183 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. 27.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured's behalf;nor 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program,but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit developments;and 2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units,residential structure does not include military housing, college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also does not include hospitals or prisons. 7012207945CNA74858XX(1-15)Policy No: 9Page17of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.100200045701220794535358.F.a Packet Pg. 184 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 7012207945CNA74858XX(1-15)Policy No: 9Page18of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 8.F.a Packet Pg. 185 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy BUSINESS AUTO COVERAGE FORM 6 4 " 3 " 2 A. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V – DEFINITIONS. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 5 Owned "Autos" Subject To No-fault Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. Owned Autos" Other Than Private Passenger "Autos" Only Owned Private Passenger Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. Owned "Autos" Only Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 1 of 16 Policy Page: 58 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 186 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 9 Non-owned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. 1. 2. a. b. C. 1. 2. 3. a. b. c. d. e. Owned Autos You Acquire After The Policy Begins If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and You tell us within 30 days after you acquire it that you want us to cover it for that coverage. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. "Mobile equipment" while being carried or towed by a covered "auto". Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: Breakdown; Repair; Servicing; "Loss"; or Destruction. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 2 of 16 Policy Page: 59 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 187 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy A. 1. a. b. (1) (2) (3) (4) (5) c. 2. a. (1) (2) (3) (4) SECTION II – COVERED AUTOS LIABILITY COVERAGE Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. Who Is An Insured The following are "insureds": You for any covered "auto". Anyone else while using with your permission a covered "auto" you own, hire or borrow except: The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. Coverage Extensions Supplementary Payments We will pay for the "insured": All expenses we incur. Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 3 of 16 Policy Page: 60 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 188 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy (5) (6) b. (1) (2) B. 1. 2. a. b. 3. 4. a. (1) (2) b. (1) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. Exclusions This insurance does not apply to any of the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or That the "insured" would have in the absence of the contract or agreement. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. Employee Indemnification And Employer's Liability "Bodily injury" to: An "employee" of the "insured" arising out of and in the course of: Employment by the "insured"; or Performing the duties related to the conduct of the "insured's" business; or The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: Whether the "insured" may be liable as an employer or in any other capacity; and Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 4 of 16 Policy Page: 61 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 189 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy (2) 5. a. b. 6. 7. a. b. 8. 9. a. b. 10. a. b. (1) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. Fellow Employee "Bodily injury" to: Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". Operations "Bodily injury" or "property damage" arising out of the operation of: Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: Work or operations performed by you or on your behalf; and Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: When all of the work called for in your contract has been completed; Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 5 of 16 Policy Page: 62 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 190 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy (2) (3) 11. a. (1) (2) (3) b. c. (1) (2) (a) (b) 12. a. b. c. When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": That are, or that are contained in any property that is: Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treated or processed in or upon the covered "auto"; Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. War "Bodily injury" or "property damage" arising directly or indirectly out of: War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 6 of 16 Policy Page: 63 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 191 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 13. C. A. 1. a. (1) (2) b. (1) (2) (3) (4) (5) (6) c. (1) (2) 2. 3. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE Coverage We will pay for "loss" to a covered "auto" or its equipment under: Comprehensive Coverage From any cause except: The covered "auto's" collision with another object; or The covered "auto's" overturn. Specified Causes Of Loss Coverage Caused by: Fire, lightning or explosion; Theft; Windstorm, hail or earthquake; Flood; Mischief or vandalism; or The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". Collision Coverage Caused by: The covered "auto's" collision with another object; or The covered "auto's" overturn. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 7 of 16 Policy Page: 64 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 192 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy a. b. c. 4. a. b. (1) (2) (3) B. 1. a. (1) (2) b. (1) (2) (3) 2. Glass breakage; "Loss" caused by hitting a bird or animal; and "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Coverage Extensions Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. Exclusions We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". Nuclear Hazard The explosion of any weapon employing atomic fission or fusion; or Nuclear reaction or radiation, or radioactive contamination, however caused. War Or Military Action War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 8 of 16 Policy Page: 65 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 193 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 3. a. b. 4. a. b. c. d. 5. a. b. c. d. 6. C. 1. a. (1) (2) b. (1) (2) (3) 2. 3. We will not pay for "loss" due and confined to: Wear and tear, freezing, mechanical or electrical breakdown. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". We will not pay for "loss" to any of the following: Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Any device designed or used to detect speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed-measuring equipment. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: Permanently installed in or upon the covered "auto"; Removable from a housing unit which is permanently installed in or upon the covered "auto"; An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. We will not pay for "loss" to a covered "auto" due to "diminution in value". Limits Of Insurance The most we will pay for: "Loss" to any one covered "auto" is the lesser of: The actual cash value of the damaged or stolen property as of the time of the "loss"; or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 9 of 16 Policy Page: 66 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 194 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy D. A. 1. a. b. 2. a. (1) (2) (3) b. (1) (2) (3) (4) (5) c. (1) (2) (3) (4) Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: Loss Conditions Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: Pay its chosen appraiser; and Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: How, when and where the "accident" or "loss" occurred; The "insured's" name and address; and To the extent possible, the names and addresses of any injured persons and witnesses. Additionally, you and any other involved "insured" must: Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Cooperate with us in the investigation or settlement of the claim or defense against the "suit". Authorize us to obtain medical records or other pertinent information. Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. If there is "loss" to a covered "auto" or its equipment, you must also do the following: Promptly notify the police if the covered "auto" or any of its equipment is stolen. Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. Agree to examinations under oath at our request and give us a signed statement of your answers. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 10 of 16 Policy Page: 67 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 195 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 3. a. b. 4. a. b. c. 5. B. 1. 2. a. b. c. d. 3. 4. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: There has been full compliance with all the terms of this Coverage Form; and Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. Loss Payment – Physical Damage Coverages At our option, we may: Pay for, repair or replace damaged or stolen property; Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. General Conditions Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: This Coverage Form; The covered "auto"; Your interest in the covered "auto"; or A claim under this Coverage Form. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 11 of 16 Policy Page: 68 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 196 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 5. a. (1) (2) b. c. d. 6. a. b. 7. a. b. (1) (2) (3) (4) (5) Other Insurance For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: Excess while it is connected to a motor vehicle you do not own; or Primary while it is connected to a covered "auto" you own. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Premium Audit The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: During the policy period shown in the Declarations; and Within the coverage territory. The coverage territory is: The United States of America; The territories and possessions of the United States of America; Puerto Rico; Canada; and Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 12 of 16 Policy Page: 69 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 197 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy 8. A. B. 1. 2. C. D. 1. 2. a. (1) (2) (3) b. c. (1) Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V – DEFINITIONS "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". "Auto" means: A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": That are, or that are contained in any property that is: Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treated or processed in or upon the covered "auto"; Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 13 of 16 Policy Page: 70 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 198 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy (2) (a) (b) E. F. G. G. 1. 2. 3. 4. 5. 6. a. b. c. I. J. The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. "Insured contract" means: A lease of premises; A sidetrack agreement; Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Loss" means direct and accidental loss or damage. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 14 of 16 Policy Page: 71 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 199 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy K. 1. 2. 3. 4. a. b. 5. a. b. 6. a. (1) (2) (3) b. c. L. M. N. 1. 2. a. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises you own or rent; Vehicles that travel on crawler treads; Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: Power cranes, shovels, loaders, diggers or drills; or Road construction or resurfacing equipment such as graders, scrapers or rollers; Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well-servicing equipment; or Cherry pickers and similar devices used to raise or lower workers; or Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": Equipment designed primarily for: Snow removal; Road maintenance, but not construction or resurfacing; or Street cleaning; Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Property damage" means damage to or loss of use of tangible property. "Suit" means a civil proceeding in which: Damages because of "bodily injury" or "property damage"; or A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 15 of 16 Policy Page: 72 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 200 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy b. O. P. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. "Trailer" includes semitrailer. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 16 of 16 Policy Page: 73 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 8.F.a Packet Pg. 201 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILTY COVERAGE A.Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1.a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1)Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2)Any such organization that is an insured under any other liability policy providing auto coverage. 3.Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2.In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C.Fellow Employee SECTION II, Paragraph B.5 does not apply. BUA 7012207931 Endorsement No: 70; Page: 1 of 5 Policy Page: 315 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 8.F.a Packet Pg. 202 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B.Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C.Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. D.Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. E.Personal Property The following is added to SECTION III, Paragraph A.4. c.We will pay up to $500 for loss to Personal Property which is: (1)Owned by an insured; and (2)In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F.Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d.We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1.We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a)The number of days reasonably required to repair or replace the covered auto; or, (b)15 days. 2.Our payment is limited to the lesser of the following amounts: (a)Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. BUA 7012207931 Endorsement No: 70; Page: 2 of 5 Policy Page: 316 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 8.F.a Packet Pg. 203 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy Endorsement a. b. c. d. e. 3.This coverage does not apply while there are spare or reserve autos available to you for your operations. 4.If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G.Hired “Autos” The following is added to SECTION III. Paragraph A.: 5.Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: (1)Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H.Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I.Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrence deductible applies to the coverage provided by this provision. J.Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and BUA 7012207931 Endorsement No: 70; Page: 3 of 5 Policy Page: 317 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 8.F.a Packet Pg. 204 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy Endorsement b. b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for loss to a covered auto in any one accident is the lesser of: (1)$5,000; or (2)20% of the auto's actual cash value (ACV) III.Drive Other Car Coverage – Executive Officers The following is added to SECTIONS II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a.An auto owned by that executive officer or a member of that person's household; or An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1)Equal to the greatest of those coverages afforded any covered auto; and (2)Excess over any other collectible insurance. 2.For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A.Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (4)Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B.Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C.Policy Period, Coverage Territory SECTION IV, Paragraphs 7.(5).(a). is revised to provide: BUA 7012207931 Endorsement No: 70; Page: 4 of 5 Policy Page: 318 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 8.F.a Packet Pg. 205 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific Business Auto Policy Policy Endorsement a.45 days of coverage in lieu of 30 days V.DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these BUA 7012207931 Endorsement No: 70; Page: 5 of 5 Policy Page: 319 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 8.F.a Packet Pg. 206 Attachment: RailPros - 228th UPRR Grade Sep Amd 3 (2729 : RailPros Field Services, Inc. Amendment No. 3 for S. 228th Street Union Pacific DATE: June 15, 2021 TO: Kent City Council SUBJECT: Content Management System Contract with Granicus, LLC for Website Redesign - Authorize MOTION: I move to authorize the Mayor to sign a contract with Granicus, LLC to redesign the City’s website at a total cost not to exceed $219,153.59, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: The City’s external website, www.kentwa.gov, will undergo a major redesign with its current content management solution vendor, Granicus. The current website lacks the functionality to meet the City’s business needs. A new website will enhance resident engagement through an updated customer experience, obtain resident feedback, deliver important information at the right time, and increase the number of subscribers. Granicus’ content management solution, GovAccess Professional, meets the needs of modern digital government allowing residents to perform self-service and increase transparency through an information-centered hub by making website design and maintenance easy. The initial term of this agreement with Granicus is 5 years (Initial Term), commencing in 2021 and terminating in 2026, with options for the City to renew annually thereafter for additional four year terms for a maximum contract term through 2030. Granicus will provide all necessary software, implementation services, and training for the redesign of the city’s website. The total contract cost, including 5 years of subscription will not exceed $219,153.59. This cost is fully funded and budgeted for in IT’s existing project budget. BUDGET IMPACT: 8.G Packet Pg. 207 Item Price GovAccess Professional Subscription – Year 1 $24,600.00 Implementation Fees $63,300.00 GovAccess Professional Subscription – Year 2 $25,830.00 GovAccess Professional Subscription – Year 3 $27,121.50 GovAccess Professional Subscription – Year 4 $28,477.58 GovAccess Professional Subscription – Year 5 $29,901.46 Subtotal $199,230.54 Tax $19,923.05 Total $219,153.59 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. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2021-2026_Granicus-CMS SaaS Agmt (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.G Packet Pg. 208 CotW Exhibit A Agreement for Software as a Service Between City of Kent and Granicus, LLC 8.G.a Packet Pg. 209 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE between City of Kent and Granicus, LLC Page 1 AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC This Software as a Service (SaaS) Agreement (Agreement) is between the CITY OF KENT (City or Customer), a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA 98032 and GRANICUS, LLC (Vendor or Granicus), organized under the laws of the State of Minnesota and authorized to do business in the State of Washington, with its principal place of business at 408 Saint Peter Street, Suite 600, Saint Paul, MN 55102, effective on the last date signed below. This Agreement is to provide access to Vendor’s products and services as identified in Vendor’s March 23, 2021, proposal, including its govAccess Professional system. A copy of Vendor’s proposal is attached and incorporated as Exhibit A, except for page 10 of that proposal which is specifically excluded from adoption and shall not become a part of this Agreement, (“Proposal”). 1. Grant of License to Access and Use Service. For the term of this Agreement including any renewals, Vendor hereby grants to City, including to all its Authorized Users, a revocable, non- exclusive, non -sublicensable, non -assignable, royalty-free, and worldwide license to access and use the products and services Vendor makes available to the City through this Agreement, which may include products and services accessible for use by the City on a subscription basis, Vendor professional services, content from any professional services, or other required equipment components or other required hardware as specified in Exhibit A (the "Service") for City’s non- commercial government operations. City shall refrain from taking any steps such as reverse assembly or reverse compilation, to derive a source code equivalent to the Service as further described in Section 9.3. 2. Term. The initial term of this Agreement shall be 5 years (Initial Term), commencing on March 29, 2021 and terminating on March 28, 2026, with the option for the City to renew annually thereafter for an additional 4 years (each, a Renewal Term) for a maximum contract term through _________, 2030. This Agreement shall automatically renew unless City gives written notice of cancellation at least 30 days prior to the expiration of the Initial Term or any Renewal Term. Any reference in this Agreement to “days” shall mean “calendar days” unless a different meaning is expressly stated. 3. Subscription Fees/Taxes. 3.1 Subscription Fee. Subscription fees and payment terms for the Service are set forth in the attached and incorporated Exhibit A. 3.2 Redesign Credit. The City will be eligible to request a redesign credit for one govAccess main website after completing year four of the possible five-year term of this Agreement. The City must request the basic redesign credit prior to March 28, 2026. The redesign will be available after payment of the annual invoice for year four (4) of the Agreement. The basic redesign credit will only be available if there are no outstanding govAccess invoices at the time the request is made. Any termination of the Agreement prior to March 28, 2026 renders the basic redesign credit offer null and void. Vendor will not develop a sitemap or new content as an included part of any free redesign work, but will assist the City in transferring existing content into the new design. The basic redesign credit will be equivalent to either: (1) a template selected from the then-current Granicus best practices library; or (2) a dollar credit not to exceed $8,000 applied towards a custom redesign of one existing main website. 3.2 Undisputed Fees. Undisputed invoices shall be due and payable within 30 days of invoice receipt. City shall notify Vendor in writing of any disputed amount within 15 business days of 8.G.a Packet Pg. 210 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 2 appropriate receipt of the applicable invoice. Portions of invoices that are subject to a good faith billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to Section 16, Dispute Resolution. 3.3. Taxes. Invoices shall include all tax obligations stated separately from the contract amounts. City shall pay all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, if imposed by local and/or state authorities on all software, and other taxable goods and services procured by the City under this Agreement. 3.4 Card Payment Program. The Vendor 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 Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. 4. System Availability and Support Services. The Service shall be available to City along with support services as described in the attached and incorporated Exhibit B. 5. Representation and Warranties. 5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to perform its obligations hereunder, and shall have obtained and maintain all licenses, permits and certifications required for such Party in connection with the performance of such Service; (b) the execution of this Agreement and performance of its obligations hereunder do not and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid and binding obligation when signed by both Parties. 5.2 Vendor Warranties and Representations. Vendor represents and warrants that the Service will be performed in a professional and workmanlike manner, consistent with applicable industry standards and the corresponding specifications set forth in the applicable Statement of Work and Service Level commitments. a. Deliverables. Vendor represents and warrants that each deliverable shall meet and conform to its applicable specificati ons as provided herein following its acceptance and during the Term. Vendor also represents and warrants that the Service, in whole and in part, shall operate in accordance with the applicable approved configuration documentation, and this Agreement. b. Services. Vendor represents and warrants that (a) it shall perform the Service required pursuant to this Agreement in a professional manner, with high quality, and (b) it shall give due priority to the performance of the Service. c. Title Warranty and Warranty against Infringement. Vendor hereby warrants and represents that Vendor is the owner of the Service licensed hereunder or otherwise has the right to grant to the City, the licensed rights to Vendor’s Service through this Agreement without violating any rights of any third party worldwide. Vendor represents and warrants that (i) Vendor is not aware of any claim, investigation, litigation, action, suit or administrative or judicial proceeding pending or threatened based on claims that Vendor’s Service infringe s or misappropriates any patents, copyrights, trade secrets or other intellectual property rights of any third party, and (ii) Vendor’s Service does not knowingly infringe upon or misappropriate any patents, copyrights, trade secrets or any other intellectual property rights of any third party. City’s only remedy for breach of this provision is Vendor’s indemnification obligations as described in Section 10.2. 8.G.a Packet Pg. 211 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 3 d. Maintenance Services Warranty. Vendor warrants that, in performing the Service under the Agreement, Vendor sha ll substantially and materially comply with the descriptions and representations as to the services, including performing capabilities, accuracy, completeness, characteristics, Statement of Work, configurations, standards, function and requirements, which appear in this Agreement. Errors or omissions committed by Vendor in the course of providing the Service shall be remedied as set forth herein. e. Warranty of Compliance with Applicable Law . Vendor warrants the Service shall comply with all applicable federal, state and local laws, regulations, codes and ordinances to which it is subject. Vendor warrants that, throughout the Term of this Agreement, including any renewals, the Service shall comply with changes to and new applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor represents and warrants that it shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary in the performance of the Service. f. Warranty of Service. General Responsibilities. Vendor warrants the Service for the term of this Agreement. Vendor shall provide Warranty Services as described in this Agreement at no additional cost to correct deficiencies in the Service and to repair and maintain the Service in accordance with the specifications, subject to the Service Level Agreement. Vendor’s Warranty Service responsibilities shall include, but not b e limited to the following: i Vendor shall promptly and diligently perform and reperform the Service which is not in compliance with documentation/specifications, representations and warranties at no additional cost to the City; ii Maintain the Service in accordance with the Specifications terms of this Agreement and meet all availability and system performance service levels as specified in the Statement of Work and/or Service Level Agreement (SLA). In the event the Service requires failover activities, then Vendor shall be responsible for continuance of the S ervice and the City shall not be subject to additional costs unless otherwise specified in this Agreement. iii Promptly coordinate with the City all tasks related to correcting problems and deficiencies connected with the Service. iv Not disable any City software. v If Vendor and/or City reasonably determines that Vendor is unable to remedy such deficiencies, Vendor or City may terminate the Agreement and Vendor shall issue a prorated refund to City of the Fees previously paid by City to Vendor for the unused term of this Agreement and Fees from the date of termination. 6. City Data/Vendor Obligations. 6.1. Ownership. City owns all of the information and materials that it submits, uploads or transfers, or causes to be submitted, uploaded, or transferred to the Service (City’s Data). 6.2. Data Protection. Vendor shall maintain and handle all of City’s Data with commercially reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality and security of City’s Data (including personal information) in accordance with applicable data protection legislative requirements and as further described in Vendor’s policies which should reflect 8.G.a Packet Pg. 212 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 4 the highest industry standards for privacy and security, which applicable policies are incorporated herein by reference. 6.3. Data Restrictions. Vendor shall restrict access to City Data to Vendor employees, affiliates' employees, or others who need to know that information to provide services to City. City Data shall be stored and hosted within the United States of America. Vendor will use City Data for the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose this information outside of Vendor’s business unless: (1) City expressly authorizes Vendor to do so; (2) it is necessary to allow Vendor’s Licensors to perform services under this Agreement); (3) in order to provide or improve Vendor’s products or services to City; (4) otherwise as Vendor is required by law after written notice to City of such requirement . Notwithstanding the foregoing, Vendor is responsible for any disclosures of City Data by Vendor’s Licensors made contrary to the terms of this Agreement. 6.4 Data Backup. Vendor shall protect City’s data by having a backup system that includes running the Vendor’s Service on geographically di spersed data centers with extensive backup, data archive, and failover capabilities. Disaster recovery plan shall include: (1) Data backup procedures that create multiple backup copies of City’s data, in near real time, at the disk level; and (2) A multi - level backup strategy that includes disk-to-disk-to-tape data backup in which tape backups serve as a secondary level of backup, not as the primary disaster-recovery data source; or other data backup system providing at least the same or higher protection of City’s Data in the event of a potential data loss. 7. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service, the content, the software, and in its technology. This Agreement, does not convey to City any rights of ownership in or to the Vendor’s Service, technology, software, or its intellectual property rights owned by Vendor and its Licensors, where applicable. This Agreement does not contemplate custom development on behalf of the City of Kent of software or technology. 8. Non-Disclosure of Confidential Information. The Parties’ obligations regarding non- disclosure of Confidential Information is contained in the attached and incorporated Exhibit C. All Confidential Information is and shall remain the property of its owner to the extent consistent with applicable law. The disclosure of Confidential Information to the other party does not grant to it any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. 9. City Obligations. 9.1 Hardware Obligations. City shall be responsible for (a) obtaining and maintaining all computer hardware, software, and communications equipment needed to internally access the Service, and (b) paying all third-party access charges incurred while using the Service. 9.2 Anti-Virus Obligations. City will use commercially reasonable efforts to safeguard against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively "Viruses") that may reasonably affect Vendor’s Service. 9.3 Restricted Uses. City will not: a. knowingly upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service, 8.G.a Packet Pg. 213 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 5 b. modify, disassemble, decompile or reverse engineer the Service or pre-release hardware devises or software disclosed, c. probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service, d. copy, reproduce, resell or commercially exploit the Service, e. without authority, access or use any other clients' or their users' data through the Service, f. maliciously reduce or impair the accessibility of the Service, g. reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed 10. Indemnification Obligations. 10.1 City Indemnification Obligations. Subject to Section 10.3 below, City shall defend, indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a third party; (ii) a third party claim alleging a breach of any of City’s representations and warranties; or (iii) a third party claim alleging City’s use of Confidential Information or intellectual property rights of Vendor or its Licensors is in violation of this Agreement ; (iv) third party claim of injury or death to person or damage to property arising from City’s negligence. 10.2. Vendor Indemnification Obligations. Subject to Section 10.3 below, Vendor shall defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third party claim alleging that the Vendor Service, content, software, or technology infringes or misappropriates the rights of, or has caused harm to, a third party;(ii) a third-party claim alleging a breach of any Vendor representations and warranties in this Agreement; (i ii) a third-party claim alleging Vendor’s use of City Data is in violation of this Agreement; (iv) a third-party claim alleging a breach of Vendor’s confidentiality or data security obligations, that infringes the rights of, or has caused harm to, a third party; or (v) a third-party claim of injury or death to person or damage to property arising from Vendor’s negligence. 10.3 As an express condition of the foregoing indemnification obligations, the parties hereby agree that: a. the indemnified party shall promptly notify the indemnifying party in writing for any claim for which indemnification is sought; b. the indemnified party shall cooperate with all reasonable requests of the indemnifying party (at the indemnifying party’s expense) in defending or settling such claim. c. the indemnifying party shall be allowed to control the defense and settlement of such claim; 8.G.a Packet Pg. 214 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 6 d. the indemnifying party may not settle any claim that includes an admission of liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified party provides prior written consent, e. the indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relati ng to such a claim through counsel of its own choosing; f. each indemnified party will undertake commercially reasonable efforts to mitigate any loss or liability resulting from an indemnification claim related to or arising out of this Agreement. 11. Limitation of Liability 11.1. EXCEPT FOR CLAIMS ARISING FROM SECTIONS 5.1, 5.2.E., AND VENDOR’S INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10.2(i), IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED $500,000. 11.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. 11.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. 12. Insurance. Vendor shall maintain insurance that is sufficient to protect its business against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit D, "Insurance Requirements ." Vendor shall promptly provide City with certificates of insurance to evidence Vendor's continued compliance with Exhibit D. 13. Termination of Agreement. 13.1 Termination for Convenience. Either party may terminate this Agreement without cause. In the event of such desire, the City may terminate upon giving the Vendor 30 days advance written notice of termination, and the Vendor upon giving the City 30 days advance written notice of termination. 13.2 Termination by City for Cause. In addition to any other rights granted to City in this Agreement or under law, City has the right to terminate this Agreement upon written notice due to: a. a material breach of a term, representation, or warranty under this Agreement (including a material breach under an Attachment, Addendum and/or Exhibit to this Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is not remedied within 30 days following receipt of written notice from City; or b. a third party’s claim that Vendor’s Service, content, data infrastructure, professional services, technology, software, or any other services and products provided by Vendor or its subcontractors or Licensors or other third parties and the intellectual property rights associated therewith, infringes upon such third party’s intellectual property rights if such claim is not remedied to the City’s satisfaction within 30 days following receipt of written notice from City . c. City Council fails to appropriate funds for contract payments. 8.G.a Packet Pg. 215 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 7 d. Vendor files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against i t which is not discharged within 60 days of the filing thereof. 13.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate this Agreement due to: a. any undisputed amounts City owes that are delinquent greater than 30 days; or b. a material breach of the terms of this Agreement, other than a payment obligation, by City or its users if such breach is not remedied within 30 days following receipt of written notice of such breach from Vendor to City; or c. a third party’s claim that City’s Data, and/or intellectual property infringes upon such third party’s rights if such claim is not remedied to the Vendor’s satisfaction within 30 days following receipt of written notice of such claim from Vendor to City. 13.4 No Suspension of Service. Provided City continues to timely make all undisputed payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold Service provided herein, for any reason, including but not limited to a dispute between the parties ar ising under this Agreement, except as may be specifically authorized herein. 13.5 Effect of Termination. a. If City terminates for cause or Vendor terminates without cause, City will only be obligated to pay the amounts then due for services provided meeting Vendor’s contractual commitments as calculated up to the date of termination and, if applicable, City will be reimbursed a prorated amount of unused, prepaid fees from the date of termination. b. If Vendor terminates for cause that City does not dispute or if City terminates without cause and a balance is still due on City’s account, then City agrees that Vendor may bill City for such unpaid fees due up to the date of termination. c. In the event this Agreement terminates for any reason, Vendor shall provide the City a file of City’s Data in a format acceptable (and at no cost) to City within 30 days of the effective date of termination. City shall have 60 days following termination to notify Vendor if litigation, laws, regulations, or other lawful process requires Vendor retain City’s data on its Service beyond the termination of this Agreement. City wi ll thereafter promptly notify Vendor when such litigation, laws, regulations, or other lawful process no longer requires Vendor maintain the City’s data on its Service. Vendor may dispose of City’s data at Vendor’s expense as permitted by law 61 days after termination, if City provides no notice otherwise; or after City notifies Vendor there are no laws, regulations, litigation, etc. requiring further retention . Retained data is subject to the confidentiality provisions of the Agreement. 14. Remedies. Termination of this Agreement shall not affect any right of action of either party prior to the termination being affected. All remedies shall be cumulative and may be exercised concurrently, or separately, which shall not be deemed to constitute an electi on of any one remedy to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity, City shall have the right to recover from Vendor all damages reasonably caused by default of any representation or warranty. This paragraph shall not limit City’s right to pursue any other remedy available to it in law, at equity or pursuant to this Agreement. 8.G.a Packet Pg. 216 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 8 15. Non-Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexua l 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 City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the Compliance Statement, all attached and incorporated as Exhibit E. 16. General Provisions 16.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. 16.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes, controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable, responsible management representative to meet and negotiate in good faith to resolve any Dispute arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of resolving that Dispute shall only be by filing suit as provided for under Section 16.1, unless the parties agree in writing to an alternative dispute resolution process. 16.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The City and Vendor agree to replace any invalid provision with a vali d provision that most closely approximates the intent and economic effect of the invalid provision. 16.4. Nonwaiver. Any failure by either party to enforce strict performance of any provision of the Agreement will not constitute a waiver of the its right to subsequently enforce such provision or any other provision of the Agreement. 16.5 No Assignment. Either party may assign this Agreement and all of its rights and obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets so long as said assignee accepts all of the respective Agreements rights and obligations of its predecessor as provided in this Agreement wit hout limitation. Except as expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other party, and any attempted assignment or delegation without such consent will be void. 16.6 Notices. 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 hereaft er specified in writing. Either party may change its address by giving written notice of such change to the other party. 16.7 Legal Fees. 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 8.G.a Packet Pg. 217 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 9 provided by law; provided, however, nothing in this paragraph shall be construed to limit either party’s right to indemnification under Section 10 of this Agreement. 16.8. 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 pa rty 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 d uration 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 Vendor 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 costs, losses, expenses, damages, or delay costs incurred by the Vendor 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 ma y direct the Vendor 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 16.9 Independent Contractor. City and Vendor intend that an independent Contractor relationship be created with this Agreement . Vendor shall not be considered an agent or employee of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor and City. 16.10 Problem Notification. Each party will promptly notify the other in writing of any events or circumstances that will affect the performance of its obligations under this Agreement including the delivery of any deliverable or delay in completion of a ny of its obligations. Vendor shall notify City in writing of all material defects in the Service, whether discovered by other parties or by Vendor within five (5) business days of their discovery and fix or replace the effected software within a commercially reasonable time. A defect is considered material if it has the potential to delay or inhibit the primary functionality of the Service or if said defect has the potential to corrupt City data. 16.11 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. This Agreement may be amended, modified , or added to only by written instrument properly signed by both parties hereto. 8.G.a Packet Pg. 218 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 10 16.12 Public Records Act. The Vendor 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 Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. Both Parties will use reasonable efforts to provide each other with advanced notice of requests to disclose confidential information so that either party may seek an appropriate protective order or waiver. 16.13 City Business License Required. Prior to commencing the Service provided for under this Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 16.14 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. VENDOR: GRANICUS, LLC By: Print Name: Its DATE: CITY: CITY OF KENT By: Print Name: Its DATE: NOTICES TO BE SENT TO: Attn: ________________ Granicus, LLC 408 Saint Peter Street, Suite 600 Saint Paul, MN 55102 612-___-____ (telephone) 612-___-____ (facsimile) Email: ________________ NOTICES TO BE SENT TO: Attn:____________________ City of Kent Information Technology Dept 220 Fourth Avenue South Kent, WA 98032 (253) 856-____ (telephone) (253) 856-____ (facsimile) Email: ___________________ APPROVED AS TO FORM: Kent Law Department ATTEST: 8.G.a Packet Pg. 219 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - AGREEMENT FOR SOFTWARE AS A SERVICE (between City of Kent and Granicus, LLC) Page 11 Kent City Clerk 8.G.a Packet Pg. 220 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit A – Scope of Work AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT A GRANICUS MARCH 23, 2021 PROPOSAL 8.G.a Packet Pg. 221 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit B – Service Level Agreement and Support Services (Optional Version TW Recommends IT Develop) AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT B SERVICE LEVEL AGREEMENT (“SLA”) AND SUPPORT SERVICES 1. Description of Services A. SERVICE LEVEL AGREEMENT 1. Applicable Levels. Vendor shall provide the Service to the City with a System Availability of at least 99.5% during each calendar quarter of the Agreement following initial implementation completion. 2. Scheduled System Maintenance. Vendor may take the Service offline for scheduled maintenances of which City has received prior written notice of the planned maintenance schedule. Scheduled maintenance for govAccess will take place between 1:00am – 4:00am ET every Monday. Notifications will be posted on status.granicusops.com. Email notifications can be subscribed to from that page. 3. System Availability Definition. 3.1. “System Availability” means the percentage of minutes in a quarter that the key components of the Service are operational 3.2. Not Included in “System Availability” a. scheduled maintenance; b. events of force majeure; or c. The first 4 outages in any given quarter that are corrected within 15 minutes of their start; or d. The first 5 minutes of any outage; or e. events caused by the City’s acts or omissions or inoperability of City’s technology/devices. 4. Remedies. Should Vendor not achieve at least 99.5% System Availability in any calendar quarter, the City shall be entitled to the following credit against fees due: The credit remedy provided herein is not exclusive and City shall be entitled to all other remedies provided for in this Agreement or provided in law and equity as a result of Vendor’s failure to meet System Availability requirements. Outage credits will be provided upon City’s request. B. SUPPORT SERVICES 8.G.a Packet Pg. 222 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit B – Service Level Agreement and Support Services (Optional Version TW Recommends IT Develop) AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC 1. Services Support entitles the City to the following: 1.1 Telephone or electronic support to help the City locate and correct problems with the Service between 8:00am – 10:00pm ET. Emergency support is available 24/7. Support requests may be submitted via: a. Portal: support.granicus.com b. Email: support@granicus.com c. Phone: 1-800-314-0147 1.2 Bug fixes and code corrections to correct Service malfunctions to bring the Service into substantial conformity with the operating specifications. 1.3 All extensions, enhancements and other changes that Vendor makes or adds to the Service and which the Vendor offers, without charge, to all other Subscribers of the Service. 1.4 Up to [3] dedicated contacts designated by the City in writing that will have access to support services. 2. Response and Resolution Goals 2.1 Severity 1: The Production system/application is down and there is no reasonable work around currently available. With 1 hour of Vendor’s receipt of notice, the Vendor will begin continuous work on the issue, and a City resource must be available at any time to assist with problem determination. Once the issue is reproducible or once vendor has identified the Service defect, Vendor will provide reasonable efforts for workaround or solution within 24 hours. 2.2 Severity 2: The system or application is seriously affected. The issue is not critical and does not comply with the Severity 1 conditions. There is no workaround currently available. The Vendor will work during normal business hours to provide reasonable effort for workaround or solution within 3 business days, once the issue is reproducible. 2.3 Severity 3: The system or application is moderately affected. The issue is not critical and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround. The Company will work during normal business hours to provide reasonable effort for workaround or solution within 5 business days, once the issue is reproducible. 2.4 Severity 4: Non-critical issues. The Company will seek during normal business hours t o provide a solution in future releases of the Service. 8.G.a Packet Pg. 223 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit C – Nondisclosure Agreement AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT C NON-DISCLOSURE OF CONFIDENTIAL INFORMATION 1. Scope of Confidentiality Obligation in a SAAS Agreement. 1.1 Limitations. The Parties recognize that in a SAAS Agreement, the City is placing its information, including Confidential Information, on the Vendor’s hosted software application. In providing this hosted service, the Vendor is not disclosing or providing City with its confidential information such as its source code or other proprietary or intellectual property technology. City therefore cannot modify, reverse engineer or otherwise decompile Vendor’s technology and City has committed to not doing so in this Agreement. Thus, this Addendum describes Vendor’s obligations with respect to City’s confidential information provided to Vendor. 2. Definition of Confidential Information and Exclusions. 2.1 "Confidential Information" means non-public information on Vendor’s SAAS that City designates as being confidential or which, under the circumstances surrounding disclosure , Vendor ought to treat as confidential , including but not limited to information in tangible or intangible form relating to and/or including City data, computer programs, code, algorithms, formulas, processes, inventions, schematics and other technical, business , financial and product development plans, forecasts, strategies and proprietary or intellectual property whether or not it is owned by City and information received from others that City is obligated to treat as confidential. Except as otherwise indicated in this Agreement, the term “Vendor” also includes all its Affiliates. An “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, controls, are controlled by, or are under common control with a party. 2.2 Confidential Information shall not include any information, however des ignated, that: (i) is or subsequently becomes publicly available without Vendor’s breach of any obligation owed City; (ii) became known to Vendor prior to City’s disclosure of such information to Vendor pursuant to the terms of this Agreement; (iii) became known to Vendor from a source other than City other than by the breach of an obligation of confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not confidential as a matter of law. 3. Obligations Regarding Confidential Information. 3.1 Except as otherwise provided herein, Vendor shall: a. Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than prevailing standard of r easonable care in the Vendor’s industry, to keep confidential the Confidential Information of the City; b. Refrain from disclosing, reproducing, summarizing and/or distributing City’s Confidential Information except in pursuance of Vendor’s business relationship with City, or only as otherwise provided hereunder; and c. Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed by City to Vendor under the terms of this Agreement. 3.2 Notwithstanding anything to the contrary herein, City and Vendor will disclose Confidential Information in accordance with judicial action, federal or state public disclosure requirements, state or federal regulations, or other governmental order or requirement of law. In 8.G.a Packet Pg. 224 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit C – Nondisclosure Agreement AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC the context of public records requests, City will give the Vendor reasonable notice prior to Vendor’s records consistent with City’s rules to allow Vendor a reasonable opportunity to seek injunctive or other applicable judicial relief preventing such disclosure. 3.3 The Vendor may disclose Confidential Information only to Vendor’s employees and consultants on a need-to-know basis. The Vendor will have executed or shall execute appropriate written agreements with third parties sufficient to enable Vendor to enforce all the provisions of this Agreement. 3.4 Vendor shall notify the City promptly and without undue delay upon discovery of any unauthorized use or disclosure of Confidential Information as defined by this Agreement. Vendor will cooperate with City in helping City regain possession of its Confidential Information and prevent its further unauthorized use or disclosure. 8.G.a Packet Pg. 225 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit D – Insurance Requirements AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT D 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. 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 included as an Additional 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. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability (E&O) insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. 8.G.a Packet Pg. 226 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit D – Insurance Requirements AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT D (Continued) 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 City of Kent shall be included 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 including 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 in the event a claim is made. 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. The Consultant will provide thirty (30) days prior written notice to City of any notice of cancellation by certified mail, return receipt requested. 8.G.a Packet Pg. 227 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit E – Nondiscrimination Policy & Forms AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC EXHIBIT E CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS 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.G.a Packet Pg. 228 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit E – Nondiscrimination Policy & Forms AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC 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.G.a Packet Pg. 229 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Exhibit E – Nondiscrimination Policy & Forms AGREEMENT FOR SOFTWARE AS A SERVICE Between City of Kent and Granicus, LLC 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.G.a Packet Pg. 230 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - CotW Exhibit B Granicus Proposal for Kent, Wa Quote Q-109647 8.G.a Packet Pg. 231 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 1 of 11 Granicus Proposal for Kent, WA ORDER DETAILS Prepared By: Phone: Email: Order #: Prepared On: Expires On: Jason Reis (949) 899-8097 jason.reis@granicus.com Q-109647 03/23/2021 04/30/2021 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Billing Term End Date: 03/28/2022 Period of Performance: The Agreement will begin on date of signature and will continue through the end of the then current billing term, and will continue for an additional 48 months thereafter. ORDER TERMS 8.G.a Packet Pg. 232 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 2 of 11 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Terminating Subscriptions Solution Quantity/Unit Prior Annual Fee govAccess Plus Edition 0 Each $11,547.31 SUBTOTAL:$11,547.31 Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s). 8.G.a Packet Pg. 233 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 3 of 11 One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Site Improvement Credit Up Front 120 Each ($13,200.00) GeoFinder GIS integration Milestones - 40/20/20/20 1 Each $8,000.00 Accessibility (Web-only) Training and Consultation-Standard Upon Delivery 1 Each $5,000.00 Content Migration - Up to 200 Pages of Migration Total Milestones - 40/20/20/20 1 Each $2,000.00 Premium Design Package Milestones - 40/20/20/20 1 Each $9,500.00 govAccess – Website Design and Implementation - Trailblazer Milestones - 40/20/20/20 1 Each $45,600.00 govAccess Developer Toolkit Set-up & Config Upon Delivery 1 Each $2,400.00 govAccess Developer Toolkit Technical Training Upon Delivery 1 Each $1,000.00 govDelivery for Integrations Set Up and Config Up Front 1 Each $0.00 Departmental Website Usability Workshop Upon Delivery 1 Each $3,000.00 SUBTOTAL:$63,300.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee GeoFinder GIS integration maintenance Annual 1 Each $1,200.00 govAccess Professional Annual 1 Each $23,400.00 SUBTOTAL:$24,600.00 Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. 8.G.a Packet Pg. 234 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 4 of 11 FUTURE YEAR PRICING Period of PerformanceSolution(s)3/29/2022 - 3/28/2023 GeoFinder GIS integration maintenance $1,260.00 $1,323.00 $1,389.15 $1,458.61 govAccess Professional $24,570.00 $25,798.50 $27,088.43 $28,442.85 SUBTOTAL:$25,830.00 $27,121.50 $28,477.58 $29,901.46 3/29/2023 - 3/28/2024 3/29/2024 - 3/28/2025 3/29/2025 - 3/28/2026 8.G.a Packet Pg. 235 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 5 of 11 PRODUCT DESCRIPTIONS Solution Description Site Improvement Credit Site Improvement Credits may only be used towards the cost of govAccess site improvement projects. Site Improvement Credits are non- refundable and may not be redeemed as partial credits. Site Improvement Credits are redeemed as of the date of signature of this document. GeoFinder GIS integration GeoFinder GIS integration Granicus will integrate Kent GIS REST API data with the govAccess GeoFinder CX feature. A website visitor will be able to insert an address and be shown seven (7) data points from the GIS REST API. Kent GIS department will provide API methods to get all addresses and looking up data based on a particular address submitted. GeoFinder GIS integration maintenance GeoFinder GIS integration maintenance Covers adjusting integration based on future updates to GIS API and govAccess release updates. Accessibility (Web-only) Training and Consultation-Standard Granicus will provide a front-end website design, excluding third-party tools, compliant with WCAG 2.0 upon completion and only to the extent validated by Granicus' accessible content formatting and testing process. This service includes standard training and services to help the client get started creating and maintaining an accessible website. ·Design website in compliance with WCAG 2.0 standards ·Test website to WCAG 2.0 standards using automated tool ·Develop the client's accessibility statement ·Training in accessibility-focused CMS functions ·Reformat up to 25 of the client's pages to comply with WCAG 2.0 standards ·Onsite Web Accessibility Training in accessibility-focused CMS functions, including what the standards are, why they are important and how to create compliant content 8.G.a Packet Pg. 236 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 6 of 11 Solution Description govAccess Professional govAccess Professional is a Software-as-a-Service (SaaS) solution that puts control back in the hands of more technical staff and webmasters, while providing content contributors the ease of use and quick product enhancements they have grown to expect. Agencies can quickly and easily create new digital experiences for constituents across any device which can grow with the organization. The govAccess Professional solution provides agencies with microsite management while maintaining consistent branding within with a single web platform. The solution include the following: ·Ongoing software updates ·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday) ·Ability to send email notifications when publishing site updates, News, Calendar Events, RFP bids, or job postings; powered by govDelivery ·Ability to design, build and manage unlimited microsites ·Ability to write code snippets, CSS, and other developer tasks for front-end content ·Ability to create custom directories and modules ·Access to training webinars and on-demand video support library ·Access to best practice webinars and resources ·Annual strategic reviews with the Granicus team, including research-based recommendations for website optimization ·DDoS mitigation ·Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO) Content Migration - Up to 200 Pages of Migration Total Includes the migration of up to 200 pages of content 8.G.a Packet Pg. 237 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 7 of 11 Solution Description Premium Design Package The Premium Plus Design Package includes the creation of a unique design for the client's website using any combination of the following design options: ·Video Background: Feature a video in the background instead of a static image (the client will be responsible for providing the video) ·Anchor Scrolling: Create anchor links to allow users to navigate to respective positions on the homepage either by scrolling or clicking on the anchor link ·Tiles/Cards: Replace the site's top drop-down menus with tiles on the homepage of the website Parallax homepage govAccess – Website Design and Implementation - Trailblazer Website Design and Implementation - Trailblazer provides a citizen focused website and includes: • Advanced UX Consultation, which may include one (1) or more of the following: 1. One (1) site analytics report 2. One (1) heatmap analysis 3. One (1) internal stakeholder survey 4. One (1) community stakeholder survey 5. One (1) remote user testing of top tasks • Three (3) customer landing page consultation • Fully customized homepage wireframe • Fully responsive design • Custom mobile homepage or standard mobile responsive homepage • Video background or standard rotating image carousel (switchable at any time) • Up to three (3) customer experience features - Choose from Granicus' library including service finder, geo finder, or data visualization banner • Programming/CMS implementation • Migrate up to 200 webpages • Up to ten (10) forms converted into the new CMS • One (1) day of on-site consultation / training to be applied towards additional project management or training (two (2) of three (3) days must be consecutive) 8.G.a Packet Pg. 238 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 8 of 11 Solution Description govAccess Developer Toolkit Set-up & Config Implementation includes: ·Installing Developer Toolkit in govAccess CMS ·Quality assurance (QA) testing ·Access to online training documentation around advanced account functions and capabilities ·Access to an implementation consultant for up to 30 days following installation govAccess Developer Toolkit Technical Training Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology. Departmental Website Usability Workshop The Departmental Website Usability Workshop is an onsite consultative service for two to three departments per day to help departments identify: • Key services, public information, and workflows • Top website pain points • Analytics performance for department-related pages • Paper forms with potential for conversion to web • Third party applications inventory GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION ·Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). ·Data obtained through the Granicus Advanced Network. o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network. 8.G.a Packet Pg. 239 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 9 of 11 o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. 8.G.a Packet Pg. 240 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 10 of 11 TERMS & CONDITIONS ·Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf ·Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the parties are hereby void and of no force and effect ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Kent, WA to provide applicable exemption certificate(s). ·Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. ·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-109647 dated 03-23-2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. ·Client will be eligible to request a basic redesign credit for one (1) govAccess main website after completing year four (4) of this uninterrupted five (5) year Agreement. Client must request the basic redesign credit prior to the end of the initial term. The redesign will be available after payment of the annual invoice for year four (4) of the Agreement. The basic redesign credit will only be available if there are no outstanding govAccess invoices at the time the request is made. Any termination of the Agreement prior to the end of the initial term renders the basic redesign credit offer null and void. Granicus will not develop a sitemap or new content as an included part of any free redesign work, but will assist the Client in transferring existing content into the new design. The basic redesign credit will be equivalent to either: A template selected from the then-current Granicus best practices library, or; A dollar credit not to exceed $8,000.00 applied towards a custom redesign of one (1) existing main website ·Billing Frequency Notes (Milestones - 40/20/20/20): An initial payment equal to 40% of the total; A payment equal to 20% of the total upon Granicus' delivery of the draft homepage design concepts to the client; A payment equal to 20% of the total upon implementation of the main website into the VCMS on a Granicus-hosted development server; and A payment equal to 20% of the total upon completion; provided, however that the client has completed training. If the client has not completed training, then Granicus shall invoice the client at the earlier of: completion of training or 21 days after completion. 8.G.a Packet Pg. 241 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - Order Form Kent, WA Order #: Q-109647 Prepared: 03/23/2021 Page 11 of 11 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Phone:PO Number: If PO required Billing Email: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-109647 dated 03/23/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Kent, WA Signature: Name: Title: Date: 8.G.a Packet Pg. 242 Attachment: 2021-2026_Granicus-CMS SaaS Agmt (2725 : Content Management System Contract with Granicus, LLC for Website Redesign - DATE: June 15, 2021 TO: Kent City Council SUBJECT: Easement Exchange - Naden Avenue Assembly - Authorize MOTION: I move to authorize the Mayor to take all action necessary and sign all documents to accept a slope easement from Puget Sound Energy in exchange for the termination of an existing access easement, subject to terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The City, as the owner of the properties within the Naden Assemblage, is the beneficiary of an old access easement granted by Puget Sound Energy (PSE) in 1966. This easement is located on the PSE property between West Meeker Street and West Willis Street (SR 516) to the east of the Naden Assemblage. This easement was granted to provide access from West Meeker Street to the Naden Assemblage and a parcel to the east (now owned by the Brutsche Trust) when the State’s construction of SR 516 as a limited access highway eliminated the existing access to these properties from the south. This access easement in its current configuration does not benefit the City or the properties within the Naden Assemblage because the easement’s path is indirect and narrow in places, and the PSE substation is built directly over a portion of it. The City and PSE have been working together to reach a solution that will resolve the issues with the access easement and will help to foster redevelopment within this area. Specifically, if the City agrees to relinquish its interest within the old access easement, in exchange, PSE will grant the City a new slope easement to support the construction of a new roadway, running north to south from West Meeker Street to West Willis Street to the west of the PSE right-of-way. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.H Packet Pg. 243 ATTACHMENTS: 1. Naden - Kent Slope Easement Agreement (PDF) 2. Naden - Termination of Easement (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.H Packet Pg. 244 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: Real Estate Dept. / AEM P.O. Box 97034, EST-06E Bellevue, WA 98009-9734 EASEMENT FOR SLOPE REFERENCE #: GRANTOR: PUGET SOUND ENERGY, INC. GRANTEE: CITY OF KENT LEGAL DESCRIPTION: Ptn NW & SW 1/4 Sec. 24, Twp. 22 N, Rng. 04E, W.M., K.C ASSESSOR’S PROPERTY TAX PARCEL: 242204-9097 THIS AGREEMENT made this ______ day of ____________, 20____, between PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), and CITY OF KENT, a Washington municipal corporation, “Grantee" herein); WHEREAS, PSE is the owner of a parcel of land in King County, Washington described as tax parcel number 242204-9097, said parcel is described as follows: The 100 foot Right-of-Way of the Seattle –Tacoma Interurban railway over the east half of the northwest quarter and government lot 7, All in Section 24, Township 22 N, Range 04 E; Less Streets and state Highway; And less that portion transferred by Deed to the City of Kent under King County recording number 20190725000929. WHEREAS, such parcel of land is presently owned and occupied by PSE in connection with PSE's utility operations, (said parcel being hereafter referred to as "PSE's Property"); and WHEREAS, Grantee desires a permanent non-exclusive slope easement over, in, along and upon the PSE Property as legally described in the attached Exhibit “A” and as graphically depicted on the attached Exhibit “B”. NOW THEREFORE, in consideration of the release of the Grantee’s access easement held over, along and upon the PSE Property as depicted in the attached Exhibit “C” and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, PSE hereby conveys and quitclaims to Grantee the following easement: 8.H.a Packet Pg. 245 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) A nonexclusive perpetual slope easement over, across, along, in, upon and under that portion of PSE's Property described in Exhibit "A" for the purpose of altering and maintaining the grade in a manner sufficient to support a roadway on the adjacent City owned property through the introduction of fill material and surface restoration with hydroseeding (“Improvements” herein). The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted on PSE's Property, which is described on the attached Exhibit "A" & Exhibit “B”. This Easement is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. Grantee shall construct, maintain and use the Improvements in accordance with the requirements of PSE, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Use of PSE’s Property by PSE. Grantee's rights herein shall at all times be subordinate to such rights of PSE as are necessary to preserve and maintain the capabilities of PSE's Property to be used for utility purposes, and nothing herein contained shall prevent or preclude PSE from undertaking construction, installation and use of any utility facilities within PSE's Property. PSE shall not be liable to Grantee or to Grantee's employees, agents, or to any other party benefiting from said Improvements, for loss or injury resulting from any damage or destruction of the Improvements directly or indirectly caused by PSE's existing or future use of PSE’s Property. In the event Grantee’s use of PSE’s Property interferes with PSE’s use of the Property, PSE shall notify Grantee of such interference. Within sixty (60) days of the date of notice, Grantee shall submit to PSE plans to cure such interference. Upon approval by PSE, Grantee shall have ninety (90) days to cure such interference. Grantee may request an extension of these deadlines based on unforeseen circumstances beyond Grantee’s control. PSE shall not unreasonably withhold or delay approval of any such request to extend. 4. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on PSE's Property, Grantee shall give PSE written notice thereof together with preliminary plans and specifications for the same at least three (3) months prior to the scheduled commencement of such activity. PSE shall have the right to require that such plans and specifications be modified, revised or otherwise changed to the extent that the final plans and specifications therefor shall include provisions for the protection of PSE's facilities, the prevention of hazardous conditions 8.H.a Packet Pg. 246 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) and minimum interruption to PSE's utility operations. No such activity shall be commenced without PSE's prior written approval of the plans and specifications therefor and all changes or amendments thereto, which approval shall not be unreasonably withheld or delayed. PSE shall complete its review of any preliminary plans and specifications within forty-five (45) days of receipt. PSE may elect to extend this time period due to unforeseen circumstances necessitating a delay. Notwithstanding the foregoing, in the event of any emergency requiring immediate action by Grantee for protection of the Improvements, persons or property, Grantee may take such action upon such notice to PSE as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty or obligation on PSE to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by PSE. Grantee acknowledges that PSE facilities are located within the easement area. Grantee shall include with any plans and specifications for construction of Grantee’s improvements plans for the accommodation or mitigation of PSE’s facilities. Such accommodation or mitigation plans shall be subject to PSE’s approval, and performed in accordance with PSE’s standards. All costs associated with the accommodation or mitigation of PSE’s facilities shall be Grantee’s sole responsibility. 5. As-Built Survey. Upon PSE's request, Grantee shall promptly provide PSE with as-built drawings and survey showing the location and elevations of the Improvements on PSE's Property. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by PSE of PSE’s Property for utility purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger PSE's operations or facilities. Grantee shall install the Improvements and conduct any other of its substantial activities on PSE's Property in a manner that, in PSE’s reasonable judgment, is necessary to protect PSE's facilities, prevent hazardous conditions and minimize interruptions to PSE's utility operations. 7. Coordination of Activities. Grantee shall give at least thirty (30) days advance written notice of the proposed dates of its construction, repair and maintenance activities on PSE's Property to PSE's Real Estate Department office (presently headquartered at Bellevue, Washington), or such other division office of PSE as PSE may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of PSE's if deemed necessary by PSE to minimize conflicts, insure protection to each party’s facilities, prevent hazardous conditions, or minimize interruption of PSE's operations. Provided, however, that in the event of an emergency requiring immediate action by Grantee for the protection of its Improvements or other persons or property. Grantee may take such action upon such notice to PSE as is reasonable under the circumstances. 8.H.a Packet Pg. 247 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8. Work Standards. All work to be performed by Grantee on PSE's Property shall be designed and constructed so as to withstand the consequences of any short circuit of any of PSE's electric facilities now or hereafter installed on PSE’s Property. All work to be performed by Grantee on PSE's Property shall also be in accordance with the plans and specifications submitted to and approved by PSE and shall be completed in a careful and workmanlike manner to PSE's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on PSE with respect to the sufficiency thereof. Without limitation to the foregoing, Grantee shall exercise the utmost caution when conducting its activities in the vicinity of any of PSE's energized utility lines in order to prevent any contact therewith. Upon completion of such work Grantee shall remove all debris and restore the ground surface as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were disturbed or destroyed during construction. Grantee shall also pay to PSE all of PSE's costs necessary to re-establish destroyed survey references and hubs established by PSE in conjunction with any survey for new facilities on PSE's Property. 9. Changes and Repairs to PSE's Facilities. Grantee shall promptly pay to PSE the cost of any relocation, alteration, restoration and other changes or repairs to PSE's facilities which PSE shall reasonably deem necessary by reason of the construction, use and maintenance of the Improvements or other activities of Grantee on PSE's Property. Without limitation to the foregoing, Grantee shall promptly pay to PSE the cost of temporary raising of wires and the realignment or strengthening of underground vaults, conduits, power poles or towers made necessary by Grantee's activities pursuant to this Agreement. If PSE so requests, Grantee shall provide assurance of payment satisfactory to PSE prior to PSE's commencement of such work. PSE shall accomplish such changes or repairs, subject to the availability of labor and materials. For the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and services including overhead, in accordance with charges for transportation of men, material, and equipment, storage expense of material and rental of equipment. 10. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable and continuous access along PSE's Property in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Improvements, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep PSE's Property free and clear of all obstructions and equipment. If requested by PSE, the Grantee shall make provisions for continued access by PSE along PSE's Property during construction of the Improvements. PSE’s consent to Grantee’s Improvements or other work under Sections 4 and 7 of this Easement will be deemed as compliance with this Section 10. 11. Inspectors. PSE shall appoint one or several PSE representatives who shall serve as inspectors to oversee all work to be performed by Grantee on PSE's Property. Grantee shall not carry on any work unless it has given such notice to PSE as 8.H.a Packet Pg. 248 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) this Easement requires so as to allow for the presence of such inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully comply with all orders and directions of PSE's inspectors, including without limitation, cessation of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay PSE's charge for such inspectors. 12. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for a period of seven (7) successive years, this Agreement and all Grantee's rights hereunder shall automatically terminate and revert to PSE. Grantee may request an extension of this time period upon a showing of good cause, and PSE shall not unreasonably withhold or delay approval of such extension request. 13. Release of Improvements on Termination. No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Improvements from PSE's Property and restore the ground. 14. Removal of Improvements on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area its Improvements and restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Improvements on PSE's Property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to PSE. In case of failure of Grantee to so remove its Improvements, restore the ground or take such other mutually agreed upon measures, PSE, may, after reasonable notice to Grantee, remove Grantee's Improvements, restore the ground or take such measures at the expense of Grantee, and PSE shall not be liable therefor. 15. Third Party Rights. PSE reserves all rights with respect to its property including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted in this Agreement. 16. Release and Indemnity. To the maximum extent allowable by law, Grantee does hereby release, indemnify and promise to defend and save harmless PSE from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by PSE in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of PSE in its use of PSE's Property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify PSE against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of PSE or PSE's agents or employees. 8.H.a Packet Pg. 249 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 17. Insurance. Prior to Grantee's construction activities or other substantial activities on PSE's Property under the rights provided herein, Grantee shall submit to PSE evidence that Grantee or Grantee's contractors has obtained comprehensive general liability coverage naming PSE as an additional insured (including broad form contractual liability coverage) satisfactory to PSE with limits no less than the following: Bodily Injury Liability, including $2,000,000 automobile bodily injury each occurrence Property Damage Liability, including $2,000,000 automobile property damage liability each occurrence Said evidence shall be submitted vai Acord certificate. Said coverage shall be maintained by Grantee or Grantee's contractors during the period when such activities take place. 18. Taxes and Assessments. Grantee shall promptly pay or reimburse PSE for any taxes and/or assessments levied as a result of this Agreement or relating to the Grantee's improvements constructed pursuant to this Agreement. 19. Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by PSE affecting PSE’s Property subject to this Agreement. PSE does not warrant title to PSE’s Property and shall not be liable for defects thereto or failure thereof. 20. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: If to Puget: Puget Sound Energy, Inc. Real Estate Dept., EST-06E P.O. Box 97034 Bellevue, WA 98009-9734 If to Grantee: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 8.H.a Packet Pg. 250 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 21. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of PSE. 22. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 23. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. 24. Counterparts. This Easement may be executed in counterparts, each of which will be deemed an original. EXECUTED as of the date hereinabove set forth. ACCEPTED: GRANTEE By: Its: PUGET SOUND ENERGY, INC. By: Brett Bolton, Manager Real Estate 8.H.a Packet Pg. 251 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) State of County of On this ________ day of _____________________, 20________, before me, the undersigned, personally appeared ___________________________, to me known to be the individual who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal hereto affixed the day and year in this certificate first above written. Print Name (Seal or Stamp) Notary Public in and for the State of Washington, residing at My commission expires On this ________ day of _____________________, 20________, before me, the undersigned, personally appeared BRETT BOLTON, to me known to be the Manager Real Estate of PUGET SOUND ENERGY, INC., the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Print Name (Seal or Stamp) Notary Public in and for the State of Washington, residing at My commission expires 8.H.a Packet Pg. 252 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) EXHIBIT “A” 8.H.a Packet Pg. 253 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.a Packet Pg. 254 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) EXHIBIT “B” 8.H.a Packet Pg. 255 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.a Packet Pg. 256 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) EXHIBIT “C” 8.H.a Packet Pg. 257 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.a Packet Pg. 258 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.a Packet Pg. 259 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.a Packet Pg. 260 Attachment: Naden - Kent Slope Easement Agreement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) Termination of Easement – Page 1 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: City Clerk Reference Number of Related Document: 8209030002 Grantor(s): City of Kent Grantee(s): Puget Sound Energy, Inc. Abbreviated Legal Description: Ptn NW & SW 1/4 Sec. 24, Twp. 22 N, Rng. 04E, W.M., K.C Assessor's Tax Parcel No.: 242204-9097 STR: TERMINATION OF EASEMENT WHEREAS, in consideration for a permanent non-exclusive slope easement over, in, along and upon the PSE Property, the City of Kent agrees to extinguish its interest in that certain Easement recorded under King County Auditor’s File #8209030002. NOW THEREFORE, in consideration of mutual benefits derived, the City of Kent, a municipal corporation, does hereby terminate its interest in that certain Easement recorded under King County Auditor’s File #8209030002 and does hereby release and relinquish all of its rights under the Easement. A depiction of the easement area in that certain Easement is shown in Exhibit “A” and is attached and incorporated herein. Dated: ___________________, 2021. CITY OF KENT: _______________________________ By: Dana Ralph Title: Mayor Notary acknowledgment on following page 8.H.b Packet Pg. 261 Attachment: Naden - Termination of Easement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) Termination of Easement – Page 2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 8.H.b Packet Pg. 262 Attachment: Naden - Termination of Easement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) Termination of Easement – Page 3 EXHIBIT A . 8.H.b Packet Pg. 263 Attachment: Naden - Termination of Easement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) 8.H.b Packet Pg. 264 Attachment: Naden - Termination of Easement (2732 : Easement Exchange - Naden Avenue Assembly - Authroize) DATE: June 15, 2021 TO: Kent City Council SUBJECT: American Rescue Plan Act (ARPA) Framework Committee Recommendation - Adopt MOTION: I move to adopt the American Rescue Plan Act Framework Committee’s recommendation to use $10 million to backfill revenue losses and then invest one half of the remaining dollars in one-time economic development programs, one quarter in one-time human services and equity programs, and one quarter in infrastructure projects. SUMMARY: Congress adopted and the President signed the American Rescue Plan Act in early March, which includes $65 billion in Coronavirus Local Fiscal Recovery Funds for local governments. The City of Kent will receive $28,172,327 to cover costs incurred by the end of 2024 for: · Responding to the COVID-19 pandemic · Covering costs incurred from the public health emergency · Replacing lost, delayed, or decreased revenues due to COVID-19 · Addressing the negative economic impacts on local businesses and nonprofits · Making necessary investments in water, sewer, and broadband infrastructure The council formed an ad-hoc committee on April 6 to recommend for city council approval a high-level framework to invest Kent's Coronavirus Local Fiscal Recovery Funds. The committee consists of Councilmembers Boyce and Kaur, the mayor, chief administrative officer, and finance director. The committee met on April 7, April 29, and May 19 to study the Local Fiscal Recovery Funds program, other ARPA programs beyond the Local Fiscal Recovery Fund (such as unemployment programs, nutrition programs, rental/mortgage/utility assistance programs, small business assistance, and assistance to public assembly venues), United States Treasury guidance, other county/cities’ emerging investment plans, Kent’s revenue losses, and possible categories for Kent’s investments. Recommended categories: · Revenue losses ($10 million): The Finance Department has already documented more than $20 million in revenue losses in 2020 and expects to document further revenue losses in 2021 and beyond. The committee feels it would be a missed opportunity to invest all or even most of the city’s ARPA 8.I Packet Pg. 265 funds to backfill revenue losses and therefore recommends the council cap revenue loss backfill at $10 million. The committee proposes to deposit these dollars strategically into the funds that most need support to meet their fund balance targets. The Finance Department will make recommendations during the midbiennial budget process. · Economic development programs (half of remainder): Consistent with ARPA’s emphasis on economic recovery, the committee recommends the council invest half of the remaining dollars in one-time economic development programs. For example, the chief economic development officer is currently looking into the possibility of small business revolving loans (in tandem with the county and/or other cities), transit oriented development (which will include a housing affordability component), workforce development, and Naden Avenue Assembly positioning, among other possible investments. · Human services and equity programs (quarter of remainder): The committee recommends the council invest a quarter of the remaining dollars in one-time human services and equity programs. The human services component will emphasize investments that go beyond other ARPA programs and could include targeted recreation programs. The interim race and equity manager will propose investments that implement the Equity Strategic Plan. · Infrastructure (quarter of remainder): The committee recommends the council invest a quarter of the remaining dollars in traditional infrastructure projects, which could include streets, utilities, parks, and technology. The committee recommends folding the ARPA investment process into the city’s midbiennial budget process this summer and fall. The budget process provides a built-in opportunity for public engagement, including two formal public hearings, several council workshops, and public comment at every regular council meeting. Departments will make ARPA requests alongside their customary midbiennial budget requests, the mayor will make recommendations in the proposed budget adjustment in September, and the council will approve investments as part of the adopted budget adjustment in November. It may also be necessary for council to approve one or more ARPA investments outside of the budget process if there’s a need for timely investments prior to November. Staff will publicize the committee’s framework recommendation on social media between the June 8 committee of the whole and June 15 council meetings to give the public opportunity to provide comment. BUDGET IMPACT: $28,172,327 in new, one-time revenue. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 8.I Packet Pg. 266 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. 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. 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM 8.I Packet Pg. 267 DATE: June 15, 2021 TO: Kent City Council SUBJECT: Accept the Upper Mill Creek Dam Improvements and Diversion Structure Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Upper Mill Creek Dam Improvements and Diversion Structure Replacement Project as complete and release retainage to Quigg Bros., Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included raising the height of the existing Upper Mill Creek Dam along the east side of 104th Avenue South near S.E. 267th Street. The dam was raised approximately 5 feet by adding a reinforced concrete wall to the top of the existing dam, thus increasing flood storage. The project also included replacing the existing flow diversion structure and the addition of fish passage to Upper Mill Creek. The final contract total paid was $5,412,018.83 which is $539,019.12 under the original contract amount of $5,951,037.95. BUDGET IMPACT: The project was paid for using budgeted Storm Drainage Fund monies. 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. 8.J Packet Pg. 268 DATE: June 15, 2021 TO: Kent City Council SUBJECT: Appointment to the Kent Parks and Recreation Commission - Confirm MOTION: I move to confirm the appointment of Stuart Chapman to the Kent Parks and Recreation Commission for a three-year term that will expire on June 14, 2024. SUMMARY: Stuart Chapman is a resident of Kent who loves opportunities to serve the Kent community. Chapman is a huge fan of providing people with opportunities to build community, experience nature and have fun. Chapman has a Recreation, Parks and Tourism degree from Texas A&M, he has worked with the Texas Parks and Wildlife Department and, for the last decade, has coached, refereed and played in various city sports leagues including basketball, kickball and sand volleyball. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.K Packet Pg. 269 DATE: June 15, 2021 TO: Kent City Council SUBJECT: Downey Side Channel Restoration Phase 4 Excavation Bid - Award MOTION: I move to award the Downey Side Channel Restoration Phase 4 Excavation Project to Scarsella Bros., Inc. in the amount of $417,402.31 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 project includes excavation and disposal of approximately 17,000 cubic yards of soil from the project site, installation of a 1,200 lineal foot construction access road, and cleanup of garbage and debris. This work is in support of the Downey Farmstead Side Channel Restoration project which is a grant-funded, salmon habitat project. The bid opening for the Downey Side Channel Restoration Phase 4 Excavation Project was held on June 8, 2021 with seven bids received. The lowest responsible and responsive bid was submitted by Scarsella Bros., Inc. in the amount of $417,402.31. Bid Tab Summary 01. Scarsella Bros., Inc. $417,402.31 02. Olson Brothers Excavating, Inc. $499,215.42 03. IO Environmental & Infrastructures, Inc. $541,981.09 04. OMA Construction, Inc. $597,622.80 05. Reed Trucking & Excavating, Inc. $742,734.60 06. Northwest Cascade, Inc. $749,467.22 07. Dungeness Construction Corporation $819,694.50 Engineer's Estimate $654,159.15 BUDGET IMPACT: This project will be funded using money received from the Cooperative Watershed Management grant. 10.A Packet Pg. 270 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 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. Downey Side Channel Restoration Bid Tab (PDF) 10.A Packet Pg. 271 Downey Side Channel Restoration Phase 4Excavation Bid Opening: June 8, 2021, 10:00 AMScarsella Bros., Inc. Olson Brothers Excavating, Inc. IO Environmental & Infrastructure, Inc. OMA Construction, Inc. PO Box 68697 6622 112th St. E. 14730 NE 95th St. PO Box 429Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Puyallup, WA 98373 Redmond, WA 98052 Maple Valley, WA 98038 TOTAL $417,402.31 $499,215.42 $541,981.09 $597,622.80ITEM DESCRIPTION QTY UNIT UNIT TOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE I: EARTHWORKS1000 Mobilization 1 LS 32,000.00 $32,000.00 25,300.00 $25,300.00 20,572.71 $20,572.71 45,000.00 $45,000.001010 Excavation, Including Haul and Disposal 17,000 BCY 15.35 $260,950.00 16.16 $274,720.00 17.63 $299,710.00 21.00 $357,000.001015 Watering for Dust Control 300 MGAL40.00 $12,000.00 90.50 $27,150.00 8.00 $2,400.00 40.00 $12,000.001020 Supply and Install Steel Plates 1 LS 500.00 $500.00 2,500.00 $2,500.00 4,621.02 $4,621.02 2,500.00 $2,500.001025 Temporary Construction Road 1,200 LF 0.01 $12.00 33.50 $40,200.00 56.78 $68,136.00 30.00 $36,000.001030 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$310,462.00 $374,870.00 $400,439.73 $457,500.0010.1% SALES TAX$31,356.66 $37,861.87 $40,444.41 $46,207.50SCHEDULE I TOTAL$341,818.66 $412,731.87 $440,884.14 $503,707.50SCHEDULE V: TRAFFIC CONTROL5005 Traffic Control Labor 200 HR 61.00 $12,200.00 57.25 $11,450.00 62.00 $12,400.00 65.00 $13,000.005015 Traffic Control Supervisor 50 HR 85.00 $4,250.00 97.00 $4,850.00 70.00 $3,500.00 80.00 $4,000.005020 Temporary Traffic Control Devices 1 LS 1,500.00 $1,500.00 1,400.00 $1,400.00 2,000.00 $2,000.00 1,500.00 $1,500.00 SUB TOTAL$17,950.00 $17,700.00 $17,900.00 $18,500.0010.1% SALES TAX$1,812.95 $1,787.70 $1,807.90 $1,868.50SCHEDULE V TOTAL$19,762.95 $19,487.70 $19,707.90 $20,368.50SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL7000 Seeding, Fertilizing, and Mulching2.5 AC 3,000.00 $7,500.00 3,200.00 $8,000.00 4,621.02 $11,552.55 7,000.00 $17,500.007010 Wattle 1,200 LF 4.50 $5,400.00 4.50 $5,400.00 6.66 $7,992.00 4.00 $4,800.007030 ESC Lead 20 HR 90.00 $1,800.00 70.00 $1,400.00 125.00 $2,500.00 125.00 $2,500.007050 Street Cleaning50 HR 200.00 $10,000.00 150.00 $7,500.00 160.00 $8,000.00 150.00 $7,500.007055 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00SUB TOTAL$34,700.00 $32,300.00 $40,044.55 $42,300.0010.1% SALES TAX$3,504.70 $3,262.30 $4,044.50 $4,272.30SCHEDULE VII TOTAL$38,204.70 $35,562.30 $44,089.05 $46,572.30SCHEDULE VIII: SITE CLEAN UP8000 Removal of Debris and Garbage 1 LS 1,500.00 $1,500.00 8,500.00 $8,500.00 11,804.69 $11,804.69 5,000.00 $5,000.008005 Removal and Disposal of Cement Concrete Jersey Barrier 1 LS 1,500.00 $1,500.00 3,000.00 $3,000.00 6,853.60 $6,853.60 3,500.00 $3,500.008010 High Visibility Fence 1,500 LF 2.00 $3,000.00 4.70 $7,050.00 3.48 $5,220.00 4.00 $6,000.008015 Ongoing Site Maintenance - 1 Year 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00SUB TOTAL$16,000.00 $28,550.00 $33,878.29 $24,500.0010.1% SALES TAX$1,616.00 $2,883.55 $3,421.71 $2,474.50SCHEDULE VIII TOTAL$17,616.00 $31,433.55 $37,300.00 $26,974.504 contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.12310.A.aPacket Pg. 272Attachment: Downey Side Channel Restoration Bid Tab (2743 : Downey Side Channel Restoration Phase 4 Downey Side Channel Restoration Phase 4Excavation Bid Opening: June 8, 2021, 10:00 AMScarsella Bros., Inc. Olson Brothers Excavating, Inc. IO Environmental & Infrastructure, Inc. OMA Construction, Inc. PO Box 68697 6622 112th St. E. 14730 NE 95th St. PO Box 429Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Puyallup, WA 98373 Redmond, WA 98052 Maple Valley, WA 98038 TOTAL $417,402.31 $499,215.42 $541,981.09 $597,622.80ITEM DESCRIPTION QTY UNIT UNIT TOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT4 contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.123SUMMARY: SCHEDULE I TOTAL$341,818.66 $412,731.87 $440,884.14 $503,707.50SCHEDULE V TOTAL$19,762.95 $19,487.70 $19,707.90 $20,368.50SCHEDULE VII TOTAL$38,204.70 $35,562.30 $44,089.05 $46,572.30SCHEDULE VIII TOTAL$17,616.00 $31,433.55 $37,300.00 $26,974.50CONSTRUCTION CONTRACT TOTAL $417,402.31 $499,215.42$541,981.09 $597,622.8010.A.aPacket Pg. 273Attachment: Downey Side Channel Restoration Bid Tab (2743 : Downey Side Channel Restoration Phase 4 Downey Side Channel Restoration Phase 4Excavation Bid Opening: June 8, 2021, 10:00 AM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. SCHEDULE I: EARTHWORKS1000 Mobilization 1 LS1010 Excavation, Including Haul and Disposal 17,000 BCY1015 Watering for Dust Control 300 MGAL1020 Supply and Install Steel Plates 1 LS1025 Temporary Construction Road 1,200 LF1030 Minor Changes 1 CALCSUB TOTAL10.1% SALES TAXSCHEDULE I TOTALSCHEDULE V: TRAFFIC CONTROL5005 Traffic Control Labor 200 HR5015 Traffic Control Supervisor 50 HR5020 Temporary Traffic Control Devices 1 LSSUB TOTAL10.1% SALES TAXSCHEDULE V TOTALSCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL7000 Seeding, Fertilizing, and Mulching2.5 AC7010 Wattle 1,200 LF7030 ESC Lead 20 HR7050 Street Cleaning50 HR7055 Erosion/Water Pollution Control 1 FASUB TOTAL10.1% SALES TAXSCHEDULE VII TOTALSCHEDULE VIII: SITE CLEAN UP8000 Removal of Debris and Garbage1LS8005 Removal and Disposal of Cement Concrete Jersey Barrier 1 LS8010 High Visibility Fence 1,500 LF8015 Ongoing Site Maintenance - 1 Year 1 FASUB TOTAL10.1% SALES TAXSCHEDULE VIII TOTALcontractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.Reed Trucking & Excavating, Inc. Northwest Cascade, Inc. Dungeness Construction Corporation Engineer's Estimate2207 Inter Ave., Suite A PO Box 73399 977 Sandy Point Rd. Melissa DahlPuyallup, WA 98372 Puyallup, WA 98373 Langley, WA 98260 $742,734.60 $749,467.22 $819,694.50 $654,159.15UNIT TOTALUNITTOTALUNITTOTALUNIT TOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT30,000.00 $30,000.00 60,000.00 $60,000.00 65,000.00 $65,000.00 42,400.00 $42,400.0030.00 $510,000.00 27.70 $470,900.00 28.00 $476,000.00 22.00 $374,000.0066.00 $19,800.00 35.00 $10,500.00 80.00 $24,000.00 50.00 $15,000.003,000.00 $3,000.00 6,600.00 $6,600.00 20,000.00 $20,000.00 5,000.00 $5,000.0030.00 $36,000.00 43.00 $51,600.00 25.00 $30,000.00 20.00 $24,000.005,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00$603,800.00 $604,600.00 $620,000.00 $465,400.00$60,983.80 $61,064.60 $62,620.00 $47,005.40$664,783.80 $665,664.60 $682,620.00 $512,405.4060.00 $12,000.00 70.00 $14,000.00 110.00 $22,000.00 65.00 $13,000.0050.00 $2,500.00 85.00 $4,250.00 165.00 $8,250.00 55.00 $2,750.002,000.00 $2,000.00 600.00 $600.00 6,500.00 $6,500.00 2,000.00 $2,000.00 $16,500.00 $18,850.00 $36,750.00 $17,750.00$1,666.50 $1,903.85 $3,711.75 $1,792.75$18,166.50 $20,753.85 $40,461.75 $19,542.754,000.00 $10,000.00 3,350.00 $8,375.00 3,500.00 $8,750.00 20,000.00 $50,000.004.00 $4,800.00 4.00 $4,800.00 5.00 $6,000.00 5.00 $6,000.0050.00 $1,000.00 32.00 $640.00 150.00 $3,000.00 100.00 $2,000.00140.00 $7,000.00 235.00 $11,750.00 200.00 $10,000.00 220.00 $11,000.0010,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00$32,800.00 $35,565.00 $37,750.00 $79,000.00$3,312.80 $3,592.07 $3,812.75 $7,979.00$36,112.80 $39,157.07 $41,562.75 $86,979.002,500.00 $2,500.00 2,850.00 $2,850.00 16,000.00 $16,000.00 5,000.00 $5,000.003,000.00 $3,000.00 2,250.00 $2,250.00 18,000.00 $18,000.00 2,000.00 $2,000.004.00 $6,000.00 4.40 $6,600.00 4.00 $6,000.00 10.00 $15,000.0010,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00$21,500.00 $21,700.00 $50,000.00 $32,000.00$2,171.50 $2,191.70 $5,050.00 $3,232.00$23,671.50 $23,891.70 $55,050.00 $35,232.007 56 10.A.aPacket Pg. 274Attachment: Downey Side Channel Restoration Bid Tab (2743 : Downey Side Channel Restoration Phase 4 Downey Side Channel Restoration Phase 4Excavation Bid Opening: June 8, 2021, 10:00 AM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.SUMMARY:SCHEDULE I TOTALSCHEDULE V TOTALSCHEDULE VII TOTALSCHEDULE VIII TOTALCONSTRUCTION CONTRACT TOTALReed Trucking & Excavating, Inc. Northwest Cascade, Inc. Dungeness Construction Corporation Engineer's Estimate2207 Inter Ave., Suite A PO Box 73399 977 Sandy Point Rd. Melissa DahlPuyallup, WA 98372 Puyallup, WA 98373 Langley, WA 98260 $742,734.60 $749,467.22 $819,694.50 $654,159.15UNIT TOTALUNITTOTALUNITTOTALUNIT TOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT7 56 $664,783.80 $665,664.60 $682,620.00 $512,405.40$18,166.50 $20,753.85 $40,461.75 $19,542.75$36,112.80 $39,157.07 $41,562.75 $86,979.00$23,671.50 $23,891.70 $55,050.00 $35,232.00$742,734.60 $749,467.22$819,694.50 $654,159.1510.A.aPacket Pg. 275Attachment: Downey Side Channel Restoration Bid Tab (2743 : Downey Side Channel Restoration Phase 4 DATE: June 15, 2021 TO: Kent City Council SUBJECT: 2021 Storm Sewer Cast-in-Place Pipe Lining Bid - Award MOTION: I move to award the 2021 Storm Sewer CIPP Lining Project to Insituform Technologies, LLC in the amount of $674,304.15 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 project includes approximately 5,600 lineal feet of cured-in-place pipe lining of existing 8, 12, 15, and 18-inch diameter storm sewer pipes throughout the City. The cured-in-place pipes shall be installed with the inversion method and water curing, which will extend the life of the sewer main and avoid much higher replacement costs. The bid opening for the 2021 Storm Sewer Cured-in-Place Pipe Lining Project was held on June 8, 2021 with two bids received. The lowest responsible and responsive bid was submitted by Insituform Technologies, LLC in the amount of $674,304.15. Bid Tab Summary 01. Insituform Technologies, LLC $674,304.15 02. Michels Corporation $1,290,300.44 Engineer's Estimate $686,693.70 BUDGET IMPACT: The project is funded by the Drainage Fund and will result in no additional budget impacts. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 10.B Packet Pg. 276 ATTACHMENTS: 1. Storm Sewer CIPP Lining Bid Tab (PDF) 10.B Packet Pg. 277 2021 Storm Sewer CIPP Lining Bid Opening: June 8, 2021, 12:00 PMInsituform Technologies, LLC Michels Corporation Engineer's Estimate 17988 Edison Ave. 1715 16th St. SEThomas LeyrerDisclaimer: These preliminary bid results are provided as a convenience toChesterfield, MO 63005 Salem, OR 97302TOTAL $674,304.15 $1,290,300.44 $686,693.70ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1000 Mobilization 1 LS 8,623.00 $8,623.00 46,742.00 $46,742.00 45,000.00 $45,000.001010 Health and Safety Plan 1 LS 2,500.00 $2,500.00 796.00 $796.00 2,000.00 $2,000.001015 SPCC Plan 1 LS 2,500.00 $2,500.00 796.00 $796.00 1,000.00 $1,000.001355 Minor Changes 1 CALC 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.003010 CIPP Liner Installation, 8 Inch Diameter 210 LF 203.00 $42,630.00 442.00 $92,820.00 70.00 $14,700.003012 CIPP Liner Installation, 12 Inch Diameter 3,750 LF 77.00 $288,750.00 158.00 $592,500.00 75.00 $281,250.003013 CIPP Liner Installation, 15 Inch Diameter 950 LF 82.00 $77,900.00 178.00 $169,100.00 120.00 $114,000.003014 CIPP Liner Installation, 18 Inch Diameter 650 LF 157.00 $102,050.00 265.00 $172,250.00 130.00 $84,500.003020 Odor Control Plan 1 LS 2,500.00 $2,500.00 2,115.00 $2,115.00 1,000.00 $1,000.003025 CIPP Repair Plan 1 LS 2,500.00 $2,500.00 796.00 $796.00 1,000.00 $1,000.003030 CIPP Installation Plan 1 LS 2,500.00 $2,500.00 796.00 $796.00 1,000.00 $1,000.003035 As-Built Records 1 LS 2,500.00 $2,500.00 796.00 $796.00 1,500.00 $1,500.003040 Tree, Vegetation, and Soil Protection Plan 1 LS 2,500.00 $2,500.00 796.00 $796.00 1,500.00 $1,500.005005 Traffic Control Labor 300 HR 63.00 $18,900.00 112.00 $33,600.00 70.00 $21,000.005015 Traffic Control Supervisor 150 HR 74.00 $11,100.00 116.00 $17,400.00 95.00 $14,250.005020 Temporary Traffic Control Devices 1 LS 9,994.00 $9,994.00 5,632.00 $5,632.00 5,000.00 $5,000.007000 Surface Restoration 1 FA 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.007055 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$612,447.00 $1,171,935.00 $623,700.0010.1% SALES TAX$61,857.15 $118,365.44 $62,993.70CONSTRUCTION CONTRACT TOTAL $674,304.15 $1,290,300.44 $686,693.7012contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.10.B.aPacket Pg. 278Attachment: Storm Sewer CIPP Lining Bid Tab (2741 : 2021 Storm Sewer Cast-in-Place Pipe Lining Bid - DATE: June 15, 2021 TO: Kent City Council SUBJECT: Mill Creek Culvert Cleaning Bid - Award MOTION: I move to award the Mill Creek Culvert Cleaning Project to Olson Brothers Excavating, Inc. in the amount of $617,099.49 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 project includes removal of approximately 1,500 tons of sediment and invasive plant species from within existing pipes, culverts and immediately adjacent creek channel within Mill Creek. Proposed work will improve conveyance of Mill Creek and is expected to reduce flood risk in the creek. The bid opening for the Mill Creek Culvert Cleaning Project was held on June 8, 2021 with two bids received. The lowest responsible and responsive bid was submitted by Olson Brothers Excavating, Inc. in the amount of $617,099.49. Bid Tab Summary 01. Olson Brothers Excavating, Inc. $617,099.49 02. Ventilation Power Cleaning, Inc. $776,878.81 Engineer's Estimate $675,821.33 BUDGET IMPACT: This project will be paid for with budgeted Storm Drainage Fund monies. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 10.C Packet Pg. 279 1. Mill Creek Culvert Cleaning Bid Tab (PDF) 10.C Packet Pg. 280 Mill Creek Culvert Cleaning Bid Opening: June 8, 2021, 11:00 AMOlson Brothers Excavating, Inc. Ventilation Power Cleaning, Inc. Engineer's Estimate 6622 112th St. E. 3914 Leary Way NW Melissa DahlDisclaimer: These preliminary bid results are provided as a convenience toPuyallup, WA 98373 Seattle, WA 98107TOTAL $617,099.49 $776,878.81 $675,821.33ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE IA: SMITH STREET1000A Removal and Disposal of Sediment, Refuse, and Vegetation from Smith Street Culvert or Creek120 TON 280.00 $33,600.00 312.00 $37,440.00 250.00 $30,000.001005A Fish Exclusion - Smith Street 1 LS 8,000.00 $8,000.00 3,000.00 $3,000.00 5,000.00 $5,000.001010A Supplemental Creek Bypass Pumping1 FA 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.001015A Temporary Creek Bypass - Smith Street 1 LS 18,000.00 $18,000.00 24,500.00 $24,500.00 20,000.00 $20,000.001025A Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$70,600.00 $75,940.00 $66,000.0010.1% SALES TAX$7,130.60 $7,669.94 $6,666.00SCHEDULE IA TOTAL$77,730.60 $83,609.94 $72,666.00SCHEDULE IB: JAMES STREET1000B Removal and Disposal of Sediment, Refuse, and Vegetation from James Street Culverts or Creek710 TON 180.00 $127,800.00 312.00 $221,520.00 250.00 $177,500.001005B Fish Exclusion - James Street 1 LS 10,000.00 $10,000.00 3,000.00 $3,000.00 5,000.00 $5,000.001010B Supplemental Creek Bypass Pumping1 FA 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.001015B Temporary Creek Bypass - James Street 1 LS 35,000.00 $35,000.00 35,000.00 $35,000.00 40,000.00 $40,000.001025B Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$183,800.00 $270,520.00 $233,500.0010.1% SALES TAX$18,563.80 $27,322.52 $23,583.50SCHEDULE IB TOTAL$202,363.80 $297,842.52 $257,083.50SCHEDULE IC: CHANDLER'S BAY1000C Removal and Disposal of Sediment, Refuse, and Vegetation from Chandler's Bay Creek Channel180 TON 231.00 $41,580.00 312.00 $56,160.00 250.00 $45,000.001005C Fish Exclusion - Chandler's Bay1 LS 6,000.00 $6,000.00 3,000.00 $3,000.00 5,000.00 $5,000.001010C Supplemental Creek Bypass Pumping1 FA 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.001015C Temporary Creek Bypass - Chandler's Bay1 LS 18,000.00 $18,000.00 15,000.00 $15,000.00 20,000.00 $20,000.001025C Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$76,580.00 $85,160.00 $81,000.0010.1% SALES TAX$7,734.58 $8,601.16 $8,181.00SCHEDULE IC TOTAL$84,314.58 $93,761.16 $89,181.00SCHEDULE ID: SOUTH 212TH STREET1000D Removal and Disposal of Sediment, Refuse, and Vegetation from South 212th Street Culvert or Creek440 TON 180.00 $79,200.00 312.00 $137,280.00 250.00 $110,000.001005D Fish Exclusion - South 212th Street 1 LS 9,400.00 $9,400.00 3,000.00 $3,000.00 5,000.00 $5,000.001010D Supplemental Creek Bypass Pumping1 FA 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.001015D Temporary Creek Bypass - South 212th Street 1 LS 35,000.00 $35,000.00 47,112.00 $47,112.00 20,000.00 $20,000.001025D Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.0012contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.10.C.aPacket Pg. 281Attachment: Mill Creek Culvert Cleaning Bid Tab (2742 : Mill Creek Culvert Cleaning Bid - Award) Mill Creek Culvert Cleaning Bid Opening: June 8, 2021, 11:00 AMOlson Brothers Excavating, Inc. Ventilation Power Cleaning, Inc. Engineer's Estimate 6622 112th St. E. 3914 Leary Way NW Melissa DahlDisclaimer: These preliminary bid results are provided as a convenience toPuyallup, WA 98373 Seattle, WA 98107TOTAL $617,099.49 $776,878.81 $675,821.33ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT12contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.SUB TOTAL$134,600.00 $198,392.00 $146,000.0010.1% SALES TAX$13,594.60 $20,037.59 $14,746.00SCHEDULE ID TOTAL$148,194.60 $218,429.59 $160,746.00SCHEDULE V: TRAFFIC CONTROL5005 Traffic Control Labor 300 HR 58.50 $17,550.00 70.00 $21,000.00 65.00 $19,500.005015 Traffic Control Supervisor 40 HR 99.00 $3,960.00 85.00 $3,400.00 55.00 $2,200.005020 Temporary Traffic Control Devices 1 LS 9,400.00 $9,400.00 12,000.00 $12,000.00 10,000.00 $10,000.005035 Sequential Arrow Sign (SAS)5 DAY 600.00 $3,000.00 300.00 $1,500.00 100.00 $500.00SUB TOTAL$33,910.00 $37,900.00 $32,200.0010.1% SALES TAX$3,424.91 $3,827.90 $3,252.20SCHEDULE V TOTAL$37,334.91 $41,727.90 $35,452.20SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL7000 Seeding, Fertilizing, and Mulching600 SY 10.00 $6,000.00 1.50 $900.00 15.00 $9,000.007005 Silt Fence 600 LF 9.00 $5,400.00 8.00 $4,800.00 10.00 $6,000.007015 Inlet Protection 25 EA 200.00 $5,000.00 50.00 $1,250.00 75.00 $1,875.007020 Straw Mulch - Hand Packed 250 SY 50.00 $12,500.00 6.00 $1,500.00 5.00 $1,250.007030 ESC Lead 50 HR 112.00 $5,600.00 55.00 $2,750.00 100.00 $5,000.007055 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.007060 Street Cleaning100 HR 165.00 $16,500.00 165.00 $16,500.00 220.00 $22,000.00SUB TOTAL$61,000.00 $37,700.00 $55,125.0010.1% SALES TAX$6,161.00 $3,807.70 $5,567.63SCHEDULE VII TOTAL$67,161.00 $41,507.70 $60,692.63SUMMARY:SCHEDULE IA TOTAL$77,730.60 $83,609.94 $72,666.00SCHEDULE IB TOTAL$202,363.80 $297,842.52 $257,083.50SCHEDULE IC TOTAL$84,314.58 $93,761.16 $89,181.00SCHEDULE ID TOTAL$148,194.60 $218,429.59 $160,746.00SCHEDULE V TOTAL$37,334.91 $41,727.90 $35,452.20SCHEDULE VII TOTAL$67,161.00 $41,507.70 $60,692.63CONSTRUCTION CONTRACT TOTAL $617,099.49$776,878.81 $675,821.3310.C.aPacket Pg. 282Attachment: Mill Creek Culvert Cleaning Bid Tab (2742 : Mill Creek Culvert Cleaning Bid - Award)