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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/06/2023Public Works Committee • Monday, March 6, 2023 KEN T 4: 00 PM WASHINGTON Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 811 5975 3938, Passcode: 605379 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of February 6, YES Chair 01 MIN. 2023 Minutes B. Washington State Puget YES Rowena Valencia-Gica 05 MIN. Sound Acquisition and Restoration Grant Application - Authorize C. Neighborhood Parking YES Erik Preston 15 MIN. Restrictions - Adopt D. Railroad Quiet Zone BNSF YES Brian Shields 05 MIN. Railroad Crossing Improvements Agreement with KBA - Authorize E. King County Metro Non- YES David Paine 05 MIN. Motorized Access Grant - James, Smith, and Meeker Streets Sidewalks - Authorize 5. Adjournment Chair Public Works Committee CC PW Regular Meeting March 6, 2023 The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Nancy Yoshitake at 253-856-5508 or email Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4.A �'T Date: February 6, 2023 Time: 4:05 p.m. Place: Chambers Members: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: 1. Call to Order 4:05 p.m. 2. Roll Call Pending Approval Public Works Committee CC PW Regular Meeting Minutes February 6, 2023 m Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present 3. Agenda Approval A. I move to approve the agenda as presented RESULT: MOTION PASSES [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer 4. Business A. ADDroval of Minutes Approval of Minutes dated January 9, 2023 The minutes of the January 9, 2023 Public Works Committee meeting were approved without changes. MOTION: Move to approve the Minutes dated January 9, 2023 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer B. 2023 Recycling Events Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize Conservation Coordinator, Tony Donati, gave an overview of 2023 Residential Page I of 5 Packet Pg. 3 4.A Public Works Committee CC PW Regular Meeting Minutes February 6, 2023 Kent, Washington Recycling Events, including dates of the events, items that can be recycled as well as where to find out more information. Donati noted the events are free to the public and will be paid for by 3 Recycling Solid Waste Grants. Donati explained the need for a vendor to fully staff, implement and contract with other recycling vendors for these events. Olympic Environmental Resources (OER) was selected as the consultant to work with the City. OER has 30+ years of experience organizing and operating similar municipal events. MOTION: Move to authorize the Mayor to sign the Goods & Services Agreement with Olympic Environmental Resources, Inc. in the amount of $157,700 for operating the 2023 residential recycling collection events, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: MOVER: SECONDER: AYES: C. MOTION PASSES [UNANIMOUS] Satwinder Kaur, Councilmember Marli Larimer, Councilmember Fincher, Kaur, Larimer Next: 2/21/2023 7:00 PM Washington State Salmon Recovery Funding Board Grant Application - Authorize Christina Neff, Senior Biologist, gave an overview of the Boeing Levee Setback Habitat Rehabilitation Project. Neff identified some of the problems and reasons for the decline of salmon population in the Green River, as well as the goals and objectives to improve the salmon habitat. Neff stated the funds from the grant would be allocated to project administration, feasibility studies, conceptual design and stakeholder coordination. This resolution is required as part of the grant application. MOTION: Move to adopt Resolution No. 2057, authorizing the submission of an application for grant funding from the Washington State Salmon Recovery Funding Board, in the amount of $255,319, for the Boeing Levee Setback Habitat Rehabilitation Project. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer D. Puget Sound Regional Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize David Paine, City Transportation Planner, discussed the Puget Sound Regional Council grant for the Meet Me on Meeker - Thompson Avenue to Interurban Trail project and the improvements the grant will be used for, including a two-way bike facility, enhanced pedestrian crossing facilities and m Page 2 of 5 Packet Pg. 4 4.A Public Works Committee CC PW Regular Meeting Minutes February 6, 2023 Kent, Washington a compact roundabout. The project will be built to the Meet Me on Meeker Street design standards, as previously adopted. The estimated cost of the project is $6,100,000, including a local match of 20% ($1,342,500) which the staff proposes will be paid from Street funds. MOTION: Authorize the Mayor to accept grant funds from the Puget Sound Regional Council's Regional Grant for the Meet Me on Meeker - Thompson Ave to Interurban Trail, in the amount of $4,757,500, amend the budget, authorize expenditure of the grant funds accordingly, authorize expenditure of up to $1,342,500 in local matching funds from the Street Fund, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer E. Puget Sound Regional Council, King County Competition Grant for East Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize David Paine, City Transportation Planner, discussed the Puget Sound Regional Council (PSRC) grant for the East Valley Highway Preservation Project. This project includes grinding, replacement of failing pavement sections and a full -width asphalt concrete pavement overlay. Curb ramps and pedestrian push buttons will be evaluated and upgraded as needed. Mr. Paine stated the project is estimated to cost $2,845,000, including a local match of approximately 50%. Staff propose the required matching funds be paid from the Street Fund. MOTION: Authorize the Mayor to sign agreements with the Washington State Department of Transportation to accept federal grant funds for the East Valley Highway Preservation project in the amount of $1,400,000; amend the budget; authorize expenditure of the grant funds accordingly; authorize expenditure of up to $1,445,000 in local matching funds from the Street Fund; and authorize the Mayor to sign all necessary documents to complete the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. m Page 3 of 5 Packet Pg. 5 4.A Public Works Committee CC PW Regular Meeting Minutes RESULT: MOTION PASSES [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer F. Speed Limit Changes - Adopt February 6, 2023 Kent, Washington Next: 2/21/2023 7:00 PM Erik Preston, City Traffic Engineer, discussed the proposed speed limit updates within City limits. Preston explained the City Traffic Engineer is responsible for setting City speed limits based on Kent City Code Chapter 9.36, the current speed limits are established in Resolution 2049. Preston presented a map reflecting the locations of the speed limit changes and answered Committee Members questions. MOTION: I move to repeal Resolution No. 2049 and adopt Resolution No. 2056, updating the reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer G. INFO ONLY: Neighborhood Parking Restrictions Erik Preston, City Traffic Engineer, reviewed general parking restrictions for the State of Washington as well as for the City of Kent. Preston discussed minimum street width standards are established for emergency response. Preston detailed the 11 locations for new restrictions, answering Committee Member's questions for each location. Preston informed the Committee of the community outreach and responses to the proposed locations, noting an approximate 3% increase in responses from the last outreach. H. INFO ONLY: Residental Traffic Calming Program Update Honey Maria, Transportation Engineer, gave an update on the Residential Traffic Calming Program (RTCP). The RTCP gives the residents of Kent a formal process to voice their concerns of speeding on residential streets. Maria shared several maps reflecting all RTCP requests since the last update in April 2022. Maria gave an update on Program Status. Chad Bieren, Public Works Director, added the Solid Waste Utility Tax includes $150,000 per year for implementation of the RTCP program. 5. Public Speaker Perry Soblick, 735 3rd Avenue S - Provided public comment regarding speeding and parking issues in his neighborhood. m Page 4 of 5 Packet Pg. 6 4.A Public Works Committee CC PW Regular Meeting Minutes 6. Adjournment 5:11 p.m. Che4lyb Committee Secretary February 6, 2023 Kent, Washington m Page 5 of 5 Packet Pg. 7 4.6 • 4^4� KENT WASH NGTON DATE: March 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Washington State Puget Sound Acquisition and Restoration Grant Application - Authorize MOTION: Move to adopt a Resolution authorizing the submission of an application for grant funding from the Washington State Puget Sound Acquisition and Restoration Grant, in the amount of $300,000, for the Lower Russell Road Levee Setback Habitat Area A Project. SUMMARY: The Washington State Puget Sound Acquisition and Restoration (PSAR) grant program provides funding to protect and restore salmon habitat through projects. The Lower Russell Road Levee Setback Habitat Area A Project, identified as Project LG-42 in the 2021 Salmon Habitat Plan Update, is a qualifying project. The lack of suitable habitat for salmon spawning and rearing is the biggest limiting factor for salmonid productivity and population growth in the Green River, which results in fry migration to Puget Sound too early in their lifecycle, dramatically reducing the chance of survival. The Lower Russell Road Levee Setback Habitat Area A Project will enhance floodplain connectivity, reduce flood risks on the site, and improve habitat. The project will explore opportunities to reshape the riverbank, restore channel complexity, excavate low benches, install log structures, and plant native riparian vegetation. If the City is selected, grant funds will be used to conduct environmental studies including an abbreviated alternatives analysis, wetland design, hydrogeologic study, cultural resources survey, and geotechnical studies in order to refine the 60% design. Studies will evaluate alternatives to balance the uses and functions of this stretch of river; including, but not limited to, habitat, recreation, flood protection and social equity. The permitting process will also begin. This grant program requires the City to pass a resolution authorizing the submission of the application for funding. BUDGET IMPACT: None. Matching funds would come from the King County Cooperative Watershed Management (CWM) Grant. Packet Pg. 8 4.B 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. ATTACHMENTS: 1. Habitat Area A -Application Resolution (PDF) Packet Pg. 9 4.B.a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office as provided for in Chapter 77.85 of the Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City's authorized representatives for purposes of securing the grant and binding the City to the grant's terms and conditions. RECITALS A. The City of Kent ("City") is working on the Lower Russell Levee Setback -Habitat Area A Project, PRISM Number 22-1043. B. The City considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through the Washington Recreation and Conservation Office to aid in financing the cost of those projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 10 4.B.a RESOLUTION SECTION 1. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office ("Office") for the Lower Russell Levee Setback -Habitat Area A Project, PRISM Number 22-1043 ("Project"). SECTION 2. - Authorized Representatives. The City authorizes the following person or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) - Office Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Rowena Valencia-Gica, Environmental Supervisor Rowena Valencia-Gica, Environmental Supervisor Dana Ralph, Mayor Dana Ralph, Mayor Dana Ralph, Mayor The above persons are considered an 'authorized representative(s)/agent(s)" for purposes of the documents indicated. The City shall comply with a request from the Office to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. - Grant Agreement. The City has reviewed the sample Grant Agreement on the Office's WEB SITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands 2 Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 11 4.B.a and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the representative/agent enters into an Agreement on the City's behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION 4. - Lecaal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative (s)/agent(s) identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5, - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with the Office is purely voluntary on the City's part. SECTION 6, - Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7, - Revisions to Agreement. The City further understands that prior to the City's authorized representative(s)/agent(s) executing any of the documents listed above, the Office may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City's 3 Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 12 4.B.a authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City's authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City's authorization. SECTION 8. - Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. - Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non -cash matching share commitments to these projects should they not materialize. SECTION 10. - Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pays them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. - Property Dedication for Development, Renovation, Enhancement, and Restoration Projects. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant E Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 13 4.B.a in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. SECTION 12. - Conflicts. The City certifies the following: The Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. SECTION 14. - Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 15. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA DANA RALPH, MAYOR ATTEST: Date Approved KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 61 Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 14 4.B.a APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY Recreation & Conservation Office Grants 22-1043 Lower Russell Levee Setback -Habitat Area A Project Packet Pg. 15 4.0 • KENT WASHINGTON DATE: March 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Neighborhood Parking Restrictions - Adopt MOTION: I move to adopt an ordinance amending Chapter 9.38 of the Kent City Code to add no parking zones and other parking prohibitions on various City streets. SUMMARY: From time to time, it is necessary to update parking restrictions in the City Code. Parking areas in new developments and parking issues noted by staff or residents are two primary reasons for updates. Staff heard from Kent Police, Puget Sound Regional Fire Authority, and several neighborhoods about parking issues. Staff has worked with the community and is ready to recommend the new parking restrictions summarized below, detailed in the proposed ordinance (Exhibit 1), and illustrated in maps shown in Exhibits 2 and 3. Narrow Streets in Existing Neighborhoods Four neighborhoods in the City have contacted staff over concerns with parking on narrow streets. The neighborhoods are The Ridge at Panther Lake, The Plateau at Panther Lake, Villa Real, and Midori Meadows. All four of these neighborhoods are in the Panther Lake Annexation area. Several streets in these neighborhoods do not meet the minimum width for parking on one side or both sides. Since the minimum street widths are not met in these locations, parking restrictions are proposed on either one or both sides of the street to support emergency access. The neighborhoods mapped in Exhibit 2 and their proposed restrictions are: 1. The Ridge at Panther Lake - no parking on one or both sides. 2. The Plateau at Panther Lake - no parking on one or both sides. 3. Villa Real - no parking on one or both sides. 4. Midori Meadows - no parking on both sides of 131 PI SE. Reauests from the Kent Police Department and Puaet Sound Reaional Fire Authoritv Requests for parking restrictions also come from the Kent Police Department (KPD) and the Puget Sound Regional Fire Authority (PSRFA). These locations are evaluated by staff, and parking restrictions are proposed where issues are identified. The streets mapped in Exhibit 3 and their proposed restrictions are: 1. SE 220 St (115 feet east of 101 PI SE to 103 PI SE) - no parking both sides. 2. S 243 St (93 Ct S to 94 Ave S) - no parking on south side, Packet Pg. 16 4.0 93 Ct S (north end to S 243 St) - no parking on east side. 3. 133 Ave SE (SE 224 St to SE 224 PI) - no parking on west side. 4. S 228 St (88 Ave S to west end) - no parking north side and 2/3rds of south side, no parking 10pm to 6am on 1/3rd of south side. 5. S 222 St (92 to 93 Ave S) - no parking both sides. 92 Ave S (S 222 St to south end) - no parking both sides. 6. S 203 St (Chestnut Ridge Park) - no stopping, standing, or parking anytime (north side); no stopping, standing, or parking 10pm to 6am, south side. 7. 3rd Ave S (940 feet south of W Crow St to S 259 St) - no parking both sides. 8. 25 Ave S (S 260 St to end) - no parking 10pm to 6am on both sides (north section); no parking anytime on both sides (south section). BUDGET IMPACT: $65,000 for signs from existing Street operating funds. 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: 1. Parking-2023 Neighborhood Updates (PDF) 2. Parking Restrictions Map (PDF) 3. Requested Parking Restrictions Map (PDF) Packet Pg. 17 4.C.a ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.020, entitled "No parking zones," and 9.38.045, entitled "Parking prohibited from 10:00 p.m. to 6:00 a.m.," to prohibit parking in several neighborhoods as requested by the Homeowners Associations, Kent Police Department, and Puget Sound Regional Fire Authority. RECITALS A. Section 9.38.020 of the Kent City Code sets forth areas within the City of Kent where parking is prohibited. Section 9.38.045 of the Kent City Code sets forth areas within the City of Kent where parking is prohibited from 10:00 p.m. to 6:00 a.m. B. Pursuant to the 2009 City of Kent Design and Construction Standard, Standard Details 6-11 and 6-12, ("Design and Construction Standards") parking is limited to one side of the street where street widths are less than 36 feet in residential areas. Parking is permitted on one side of the street where widths are between 28 feet and 36 feet. In some areas that have been annexed into the City, street widths are narrower than the 36-foot width at which parking is permitted on both sides by the Design and Construction Standards. Parking on both sides of these streets creates accessibility issues for residents and emergency vehicles. 1 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 18 4.C.a C. Residents in The Ridge at Panther Lane, The Plateau at Panther Lake, Villa Real, and Midori Meadows neighborhoods have contacted the City to help address parking issues within their respective neighborhoods. These neighborhoods do not meet criteria in the Design and Construction Standards to have parking on both sides of the residential street. For these reasons, this ordinance restricts parking in these neighborhoods. D. In some commercial and industrial areas in the valley it is beneficial to local businesses to have on street parking available during the daytime and typical business hours. However, overnight parking in these areas has led to instances of littering and dumping and these unlawful activities threaten the health of the environment and safety of the surrounding residential neighborhoods. Allowing this extended parking to continue in these areas poses a substantial risk to public health, public safety, public property, and public peace. Accordingly, this ordinance imposes restrictions on overnight parking in these areas (10:00 p.m. to 6:00 a.m.). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment KCC 9.38.020. Section 9.38.020 of the Kent City Code, entitled "No parking zones" is hereby amended as follows: Sec. 9.38.020. No parking zones. 2 Amend KCC 9.38.020 - Re: No Parking Zones a� w a 0 0 L 0 a, z M N O N C Y CU a r- 0 E r r Q Packet Pg. 19 4.C.a A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 0 •L 2. 1st Avenue North: from West James Street to West Smith a� Street, east side only. 3. 2nd Avenue North: from West Smith Street to West Harrison Y a Street. 4. 2nd Avenue North: from South 228th Street to south end of 0 L street. 0 5. 3rd Avenue South: from 940 feet south of West Crow Street to z South 259th Street. 6-5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 5th Avenue North: from West James Street to north end of 5th Avenue North. 0 0 t 6th Avenue North: from South 228th Street to south end of 0 street. 6th Avenue South: from West Meeker Street to West Gowe M Street. N N 10. 25th Avenue South: from 330 feet south of South 260th Street M Y L to south end of street. CU a 119. 26th Avenue South: both sides from South 272nd Street to 500 r E feet north of South 272nd Street and on 26th Avenue South from South r 272nd Street to end of 26th Avenue South, east side only. Q 12-19. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 3 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 20 4.C.a 1334. 27th Place South: from South 259th Place north to South 256th Street. 1442. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 1513. 30th Avenue South: from South 240th Street to Kent -Des Moines Road (SR 516). 16-14. 36th Place South: from South 272nd Street to 35th Lane South. 173-5. 42nd Avenue South: from Reith Road to South 260th Street. 1816. 43rd Avenue South: the cul-de-sac north of 42nd Place S. and n the attached spur road to the north. 1947. 54th Avenue South: from South 228th Street to South 226th Y a Street. 0 201-8. 58th Place South: from Russell Road to South 194th Street. L 0 21-1-9. 58th Place South: from South 226th Street to south end of 58th Place South. z 22-2$. 62nd Avenue South: from South 190th Street to South 196th CD Street. 0 232-1-. 64th Avenue South: from south end of road to South 212th 2 CL Street. 242-2. 66th Avenue South: from South 196th Street to South 190th 0 Street. `0 25-2-3. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). M N 262-4. 72nd Avenue South: from South 262nd Street to South 277th N a� Street. Y L 272-5. 74th Avenue South: from South 259th Street to West Willis a. Street (SR 516). 282-6. 76th Avenue South: from South 228th Street to South 212th Street. Q 292-7. 77th Avenue South: from South 212th Street to north end of road. 4 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 21 4.C.a 302-8. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 312-9. 80th Place South: from 80th Avenue South to 84th Avenue South. 3230. 81st Avenue South: from South 200th Street to South 196th Street. 333-1. 83rd Avenue South: from South 228th Street to South 224th Street. 34-3-2.84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 3583. 88th Avenue South: from East James Street to South 218th Street. 36. 92nd Avenue South: from South 222nd Street to south end of street. 37. 93rd Court South: from north end of street to South 243rd Street, east side only. 38-4. 94th Avenue South: from Canyon Drive to South 240th Street. 39-3-5.97th Place South: from Canyon Drive to 100th Avenue Southeast. 4036. 100th Avenue Southeast: from Southeast 248th Street to Southeast 218th Street. 41-37. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 42- 8. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 4339. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 4449. 108th Avenue Southeast: from Southeast 281st Street to Kent- Kangley Road (SR 516). 5 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a a� E M U 0 a Packet Pg. 22 4.C.a 454-1. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 4642. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 47. 110th Place Southeast: from Southeast 201st Place to Southeast 202nd Lane. 48. 110th Terrace Southeast: from Southeast 201st Street to Southeast 202nd Lane. 49. 111th Ave Southeast: from Southeast 203rd Place to Southeast 204th Place, west side only. 50. 111th Way Southeast: from Southeast 200th Street to Southeast 202nd Court, east side only. 51. 111th Way Southeast: from Southeast 202nd Court to Southeast 203rd Place, west side only. 5243. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 53. 113th Avenue Southeast: from Southeast 193rd Place to V Southeast 194th Place. 54. 113th Place Southeast: from Southeast 193rd Place to Southeast 194th Place. °o 55. 113th Place Southeast: from Southeast 194th Place to `o Southeast 196th Street, east side only. 2) 5644. 114th Avenue Southeast: from Kent-Kangley Road to south 0 M end of street. N N 57. 114th Place Southeast: from Southeast 193rd Terrace to Y L M Southeast 195th Place. a. r 58. 115th Place Southeast: from north end of street to Southeast E 195th Place. 2 594§. 116th Avenue Southeast: from Southeast 227th Place to Q Southeast 274th Way. 6 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 23 4.C.a 6046. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 614-7. 117th Avenue Southeast: from Southeast 244th Street to end of street. 624-8. 118th Avenue Southeast: from Southeast 244th Street to the north end of street. 6349. 119th Avenue Southeast: from Southeast 244th Street to the north end of street. 64-50. 119th Avenue Southeast/119th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 65-51. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 66-5�2. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 6753. 128th Avenue Southeast: from Southeast 226th Place to Southeast 227th Street, west side only. 68-5-4. 128th Avenue Southeast/Southeast 227th Street: on the curve from 128th Avenue Southeast to Southeast 227th Street, northeast side only. 69-55. 128th Place Southeast: from Southeast 226th Place to Southeast 227th Street, east side only. 70- 6. 129th Place Southeast: from 70 feet north of Southeast 225th Court to Southeast 225th Court, west side only. 71-57. 129th Place Southeast: from 120 feet south of Southeast 225th Court to Southeast 226th Place, east side only. 7258. 129th Place Southeast: from Southeast 226th Place to 185 feet north of end of road, west side only. 73. 131st Place Southeast: from SE 218th Street to the south end of the street. 74- 9. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 7 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a a� E M U 0 a Packet Pg. 24 4.C.a 7560. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 76. 133rd Avenue Southeast: from Southeast 224th Street to Southeast 224th Place, west side only. 7761. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 7862. 134th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 7963. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 80-64. 135th Avenue Southeast: from Southeast 252nd Street to Southeast 253rd Place, west side only. 816,5. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 8266. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 83&7. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 8468. 148th Avenue Southeast/152nd Way Southeast: from north city boat ramp to Kent-Kangley Road (SR 516). 8569. 152nd Avenue Southeast/152nd Way Southeast: from Kent- Kangley Road (SR 516) to SR 18. 867-0. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 87-74. Cambridge Way: 200 feet south of South 262nd Street, west side only. 887-2. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 897-3. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 8 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a as E M U 0 a Packet Pg. 25 4.C.a 9074. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 917-5. East Harrison Street: from 140 feet west of 4th Avenue North to 4th Avenue North, south side only., 9276. East Meeker Street/West Meeker Street: from Railroad Avenue Q. a South to 1st Avenue South. 9377. East Pioneer Street: from 170 feet east of Central Avenue to c State Avenue, south side only, and from Central Avenue South to 200 feet L east of Central Avenue, north side only. 94-78. East Pioneer Street: from Railroad Avenue North to Central Y Avenue North. 9579. East Titus Street: from 3rd Avenue South to 4th Avenue South, 0 L north side only; police vehicle parking only. 0 9680. East Titus Street: from West Gowe Street to Reiten Road South, z southeast side only. 9781. East Titus Street/West Titus Street: from Railroad Avenue v South to 1st Avenue South. 9882. East Titus Street: from East Smith Street to Reiten Road South. � 99&3. Frager Road South: from West Meeker Street to South 204th 0 E Street. L0 10084. Green River Road: from the north city limits to a point 600 feet southerly of the north city limits. M 1018-5. Green River Road: from a point 700 feet southerly of the N N north city limits to a point 810 feet southerly of the north city limits, west Y L side only. a. 10286. Green River Road: from a point 790 feet southerly of the north city limits to a point 885 feet southerly of the north city limits, east side only. Q 9 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 26 4.C.a 1038-7. Green River Road: from a point 770 feet northerly of the south city limits to a point 200 feet northerly of the south city limits, west side only. 10488. Green River Road: from a point 775 feet northerly of the south city limits to the south city limits, east side only. 1058-9. Green River Road: from a point 50 feet northerly of the south city limits to the south city limits, west side only. 1069-0. Interurban Trail Street: from Meeker Street to Smith Street. 10794. Kennebeck Avenue South: from East Smith Street to East Ward Street. 1089�. Lake Fenwick Road: from South Reith Road to South 272nd Street. 10993. Lakeside Boulevard East: from South 240th Street to South 228th Street. 11094. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 1119§. Landing Way: from 64th Avenue South to West Valley Highway. 11296. Lincoln Avenue North: from West Meeker Street to West James Street. 1139-7. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 11498. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 11599. Novak Lane: from Central Avenue to west end of street. 116449G. Ramsay Way: from 4th Avenue North to 230 feet east of 4th Avenue North. 1174-G-I-. Ramsay Way: from 350 feet east of 4th Avenue North to 440 feet east of 4th Avenue North, south side only. 10 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a as E U 0 a Packet Pg. 27 4.C.a 1184-G2. Ramsay Way: from 350 feet east of 4th Avenue North to 480 feet east of 4th Avenue North, north side only. 1193-G3. Ramsay Way: from 520 feet east of 4th Avenue North to 150 feet north of West Temperance Street. 1204$4. Ramsay Way: from West Temperance Street to West Smith Street. 1211-0-5. Riverview Boulevard: from South 216th Street to South 232nd Street. 1221-06. Russell Road South: from end of street at Green River Trail to West James Street. 1231-G-7. Russell Road South: from South 228th Street to South 212th Street. 1241-G8. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from a point 960 feet west of 80th Avenue South westerly to the end of the street at the BNSF Railway Company tracks. 1254-A-9. South 190th Street: from West Valley Highway to 72nd Avenue South. 12634-9. South 192nd Street: from the west end of the road to 84th Avenue South. 12744-1-. South 194th Street: from 58th Place South to 66th Avenue South. 12844-2. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 12934-3. South 196th Street/Russell Road/South 200th Street: from 84th Avenue South to the Green River. 130444. South 200th Street: from 80th Avenue South to 84th Avenue South. 13144-5. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 11 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a a� E M U 0 a Packet Pg. 28 4.C.a 132. South 203rd Street: from the westerly boundary of Chestnut Ridge Park, approximately 600 feet west of 100th Avenue Southeast, to 100th Avenue Southeast, north side only. 1331-1-6. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 13414-7. South 206th Street: from 72nd Avenue South to 77th Avenue South. 13541-8. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 13614-9. South 208th Street: from 84th Avenue South to 96th Avenue South. 1371-2�- 9. South 212th Street: from west city limits to east city limits. 1381-24. South 216th Street: from 64th Avenue South to 72nd Avenue South. 1391-2-2. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 1401-2-3. South 218th Street: from 84th Avenue South to SR 167. 1411-214. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 1421�5. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 143. South 222nd Street: from 92nd Avenue South to 93rd Avenue South. 144.1�6. South 224th Street: from 83rd Avenue South to east end of road. 145.1-2-7 South 226th Street: from 54th Avenue South to 64th Avenue South. 146428. South 228th Street: from Russell Road South to 83rd Avenue South. 12 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C L a as E M U 0 a Packet Pg. 29 4.C.a 147. South 228th Street: from 88th Avenue South to east end of street, north side only. 148. South 228th Street: from 88th Avenue South to a point 170 feet east of 88th Avenue South, south side only. 149. South 228th Street: from a point 420 feet east of 88th Avenue South to east end of street, south side only. 1501-2-9. South 231st Way: from Military Road South to Russell Road South. 1511-330. South 234th Street: from West Valley Highway to east end of street. 1521-31. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 1531-3-2. South 240th Street: from 27th Avenue South to I-5. 154. South 243rd Street: from 93rd Court South to 94th Avenue South, south side only. 155133. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 1564- 4. South 256th Street: from 27th Place South east to the traffic control gate. 1574-35. South 259th Street: from 74th Avenue South to east city limits. 1584-36. South 260th Street/South 259th Place South/Reith Road South: from SR 99 (Pacific Highway South) to Kent -Des Moines Road (SR 516). 1594-3-7. South 268th Street: from Military Road South to Princeton Avenue South. 1603-38. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 1614-39. South 277th Street and Southeast 274th Way: from 700 feet east of L Street NE to 116th Avenue Southeast. 13 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a a� E 0 a Packet Pg. 30 4.C.a 162440. South Central Place: from South 266th Street to the end of South Central Place. 163. Southeast 193rd Place: from 113th Avenue Southeast to 113th Place Southeast. 164. Southeast 193rd Terrace: from 114th Place Southeast to the east end of street. 165. Southeast 194th Place: from 113th Avenue Southeast to 113th Place Southeast. 166. Southeast 194th Street: from 113th Place Southeast to 114th Place Southeast, north side only. 167. Southeast 194th Street: from 114th Place Southeast to 115th Place Southeast, south side only. 168. Southeast 194th Street: from 115th Place Southeast to 116th Avenue Southeast. 169. Southeast 195th Place: from 114th Place Southeast to 115th Place Southeast. theast 200th Street: from 108th Avenue Southeast to east end of street, north side only. 171. Southeast 200th Street: from 108th Avenue Southeast to a point 280 feet east of 108th Avenue Southeast, south side only. 172 Southeast 200th Street: from 400 feet east of 108th Avenue Southeast to 350 feet west of 111th Way Southeast, south side onl ram. 173. Southeast 201st Place: from 110th Place Southeast to 110th Terrace Southeast. 174. Southeast 201st Street: from west end of street to 111th Way Southeast, 175. Southeast 202nd Court: from 111th Way Southeast to east end of street. 176. Southeast 202nd Lane: from 110th Place Southeast to 110th Terrace Southeast. 14 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 31 4.C.a 177. Southeast 203rd Place: from 111th Ave Southeast to east end of street, south side only. 178. Southeast 204th Street: from 108th Ave Southeast to a point 260 feet east of 108th Avenue Southeast, north side only. 179. Southeast 204th Street: from a point 380 feet east of 108th Avenue Southeast to east end of street, north side only. 180. Southeast 204th Street: from 108th Ave Southeast to east end of street, south side only. 1811-41. Southeast 211th Street: from 160 feet east of 127th Place Southeast to end of street, north side only. 182. Southeast 220th Street: from a point 115 feet east of 101st Place Southeast to 103rd Place Southeast. 1831-42. Southeast 224th Place: from 133rd Avenue Southeast to 134th Place Southeast, south side only. 1844-4-3. Southeast 225th Court: from 60 feet south of end of road to 129th Place Southeast, southwest side only. 185-1444. Southeast 225th Place: from 132nd Place Southeast to 133rd Avenue Southeast, north side only. 18644-5. Southeast 226th Place: from 130 feet east of 127th Avenue Southeast to 128th Avenue Southeast, south side only. 1874-46. Southeast 226th Place: from 128th Avenue Southeast to 129th Place Southeast, north side only. 1884-4-7. Southeast 227th Street: from 128th Avenue Southeast to 128th Place Southeast, south side only. 1894-48. Southeast 227th Street/128th Place Southeast: on the curve from Southeast 227th Street to 128th Place Southeast, northwest side only. 1904-49. Southeast 227th Street: from 132nd Place Southeast to 134th Place Southeast, south side only. 1914§9. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 15 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 32 4.C.a 1921�. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 1931-5-2. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 1941-5-3. Southeast 248th Street: from 104th Avenue Southeast to 116th Avenue Southeast, south side only. 1951-54. Southeast 248th Street: in front of George Daniels Elementary School. 1961-55. Southeast 252nd Street: from 200 feet west of 133rd Place Southeast to 135th Avenue Southeast, north side only. 1971- 56. Southeast 253rd Place: from 90 feet west of 135th Avenue Southeast to 136th Avenue East, south side only. 1981-57. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 1994-5-8. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 2001-59. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 201I&G. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 2024-64. Southeast 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 2034-62. SR 99 (Pacific Highway South): from Kent -Des Moines Road (SR 516) to South 272nd Street. 2044-&3. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 2054-64. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 2064-65. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 16 Amend KCC 9.38.020 - Re: No Parking Zones a� M a 0 0 z L 0 z M N O N C a r c as E 0 a Packet Pg. 33 4.C.a 2074-&6. West Meeker Street: from Kent -Des Moines Road (SR 516) to 6th Avenue South. 2081-6,7. West Saar Street: from west end of street to 4th Avenue South, south side only. 2093-&8. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 2101-&9. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 2111-7-9. West Temperance Street: from Ramsay Way to 1st Avenue North. 2123-74. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 213442. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 2144-7-3. Woodland Way South: from East Maple Street to South T_ 262nd Street. a� CL B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50.00. o L O SECTION 2. - Amendment KCC 9.38.045. Section 9.38.045 of the 0 Kent City Code, entitled "Parking prohibited from 10:00 p.m. to 6:00 a.m." M N is hereby amended as follows: N c L Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00 a.m. a a� E A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of Q 10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following locations: 17 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 34 4.C.a 1. 25th Avenue South: from South 260th Street to a point 330 feet south of South 260th Street. 247. Green River Road: from a point 600 feet southerly of the north city limits to a point 700 feet southerly of the north city limits, west side only. 3-2. Green River Road: from a point 600 feet southerly of the north city limits to a point 790 feet southerly of the north city limits, east side only. 43. Green River Road: from a point 955 feet northerly of the south city limits to a point 770 feet northerly of the south city limits, west side only. 54. Green River Road: from a point 915 feet northerly of the south city limits to a point 775 feet northerly of the south city limits, east side only. 6§. Green River Road: Green River Road: from a point 200 feet northerly of the south city limits to a point 50 feet northerly of the south city limits, west side only. 76. South 203rd Street: from 100th Avenue S-E—Southeast westerly approximately 600 feet to the westerly boundary of Chestnut Ridge Park, south side only. 8. South 228th Street: from a point 170 feet east of 88th Avenue South to a point 420 feet east of 88th Avenue South, south side only. 9-7. SE ---Southeast 276th Place: from the easterly boundary of Springwood Park westerly approximately 425 feet to the westerly boundary of Springwood Park, north side. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). SECTION 3. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 18 Amend KCC 9.38.020 - Re: No Parking Zones Packet Pg. 35 4.C.a decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR ATTEST: Date Approved KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY Date Published 19 Amend KCC 9.38.020 - Re: No Parking Zones ch a� w a 0 0 t L 0 Z M N O N C Y R d r c a� E r r Q Packet Pg. 36 4.C.b Exhibit 1: Neighborhood Parking Restrictions Packet Pg. 37 -- - ---------------- ------------------- IT. % ---- -------------- 1. - - - - - - - - - - - - L Exhibit 2 - KPD and PSRFA Requested Parking Restrictions I Packet 7Pg.7387] 4.D • 4^4� KENT WASH NGTON DATE: March 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Railroad Quiet Zone BNSF Railroad Crossing Improvements Agreement with KBA - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with KBA, Inc. in the amount of $148,153.00, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Project ("Project") is located at seven of the BNSF railroad crossings found between S. 212t" St. and S. 2591" St., which includes five locations downtown. This Project is being largely funded by a Department of Commerce grant and provides improvements that move the BNSF corridor closer to being classified as a Railroad Quiet Zone. New cement concrete median islands, curb & gutter, sidewalks, driveways, curb ramps, and other improvements will be constructed as part of this Project. This contract is needed to provide an inspector to perform on -site construction observation and documentation on this Department of Commerce funded project. Through our selection process, we have selected KBA, Inc. to provide these inspection services. BUDGET IMPACT: Contract will be paid for with the Department of Commerce Grant through June 30, 2023; work completed after July 1, 2023, will be paid for using City funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. KBA - BNSF Railroad Quiet Zone Agreement (PDF) Packet Pg. 39 4.D.a KENT W A S N N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and KBA, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and doing business at 11201 SE 8th Street, Suite 160, Bellevue, WA 98004, Phone: 425-455-9720, Contact: Cameron Bloomer (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide Construction Inspection services for the BNSF Railroad Quiet Zone Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed v in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. m II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in 44) Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2024. a III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Forty Eight Thousand, One Hundred Fifty Three Dollars ($148,153), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) Packet Pg. 40 4.D.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Q CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Packet Pg. 41 4.D.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be _ borne by the Consultant. Q m `e VII. DISCRIMINATION. In the hiring of employees for the performance of work under this r Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the 3 Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national = a� origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who E is qualified and available to perform the work to which the employment relates. The Consultant shall execute L the attached City of Kent Non -Discrimination Policy Declaration and comply with City Administrative Q Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or cn suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's c performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 0 The City's inspection or acceptance of any of the Consultant's work when completed shall not be v grounds to avoid any of these covenants of indemnification. a v M Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, aEi employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, ;v and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's a negligence. aD IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Packet Pg. 42 4.D.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. a CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) Packet Pg. 43 4.D.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. Q CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Packet Pg. 44 4.D.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: NOTICES TO BE SENT TO: CONSULTANT: Cameron Bloomer KBA, Inc. 11201 SE 8th Street, Bellevue, WA 98004 CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CITY OF KENT: C15 r Chad Bieren, P.E. City of Kent Suite 160 220 Fourth Avenue South 425-455-9720 (telephone) cbloomer(cbkbacm.com (email) Kent, WA 98032 Q (253) 856-5500 (telephone) PublicWorksC'0KentWA.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent Citv Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) Packet Pg. 45 4.D.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Q EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 46 4.D.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Q B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 47 4.D.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: a Pertinent Non -Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 48 4.D.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: Q m Y �3 aD E (D a� a� Q aD Cn c w c 0 U N a) M r C d E d L Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 49 4.D.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 Q m Y SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 r 3 APPROVED BY Dana Ralph, Mayor a� POLICY: a N Equal employment opportunity and non-discrimination in contracting 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, in if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: c 1. Provide a written statement to all new employees and subcontractors indicating U0 commitment as an equal opportunity employer. N v 2. Actively consider for promotion and advancement available minorities and women. c a� Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the E City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination 21 Policy Declaration, prior to commencing performance. a 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 coordinate with the City's Title VI coordinator, and perform 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 EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 50 4.D.a KBA, Inc. [2/27/20231 EXHIBIT A SCOPE OF SERVICES for 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements KBA, Inc. (Consultant) will provide Construction Inspection (CI) services to City of Kent (Client), for the project known as 2023 Railroad Quiet Zone BNSF Railroad Crossings Improvements (Project). These services will include consultation, contract administration, field observation, and documentation, as required during the construction of the Project, as detailed below. Project Description: This project upgrades 7 BNSF Railroad crossings within the City of Kent, work required to create a quiet zone within the City. Work elements include new curb and gutter, sidewalks, HMA paving, channelization, and fencing. The Designer of Record on this Project is City of Kent (Designer). I. CONSTRUCTION INSPECTION SERVICES A. Consultant Contract and Team Management: Provide overall day-to-day management of the Consultant contract and Team, including: 1. Decide on best modes and frequency of communication with Client and Designer. Liaison and coordinate with Client on a regular basis to discuss Project issues and status. 2. Manage Consultant Team, comprised of Consultant's staff. Organize and layout work for Consultant Team. m E 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Client monthly, an invoice and progress report describing services provided that period. Q 4. Communication on Consultant contractual issues will be with the Client. Communication on day-to-day construction activities and issues will be directly between the Consultant and the Owner. The Client will be an active member of the Project Team, consulted on design issues, and will be provided with information affecting Project progress. Deliverables • Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. a. Communication and coordination between the CM Team, Designer, Client and other stakeholders b. Project procedures and forms c. Document control system Deliverables • None C. Construction Phase Services — Contract Administration S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 1 of 6 Packet Pg. 51 KBA, Inc. 4.D.a [2/27/20231 1. Progress Meetings. Attend regular (usually weekly) progress meetings with the construction contractor, including Client pre -briefing. 2. Notify construction contractor of work found in noncompliance with the requirements of the contract. 3. Assist the Client in the investigation of malfunctions or failures observed during construction. 4. Public Information. Provide information for Client to prepare media communications and public notices on Project status. Provide information for Client's inclusion into a Project website and/or newsletter, if requested. Record Drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by Consultant Team. Use these markups to check the progress of the Contractor -prepared Record Drawings. 6. Document Control. Establish and maintain document filing and tracking systems, following Client guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. If requested, one hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website, using SharePoint, managed and hosted by the Consultant. The Client will be provided with licenses for their and the construction contractor's use of the SharePoint website during the Project. Consultant will provide one training session for Client and construction contractor users of the SharePoint system. c. The Project SharePoint site will transition to "read-only" access upon expiration of the M Agreement, or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project SharePoint site. Access to SharePoint will expire following that date. E a� 7. Final Records. Compile and convey final Project records, transferring to the Client for its archiving at final acceptance of the Project. Should Consultant's work end prior to full Q completion of the Project, its records will be transferred to the Client prior to departure from W the Project. Records will consist of hard copy originals and electronic records on electronic o storage medium. N Deliverables • Final records — electronic D. Construction Phase Services — Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Client of any non -conforming work observed during site visits. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, photos of work performed, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with Designer. S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 2 of 6 Packet Pg. 52 4.D.a KBA, Inc. [2/27/20231 5. Evaluate and report to Client issues that may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records, daily reports of force account worked, and other payment source documents to help facilitate administration of the Project in accordance with funding agency requirements. 9. Attend and actively participate in regular on -site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized in accordance with Client protocol. 11. Testing. Assist client with coordination of materials and laboratory tests, performed by others. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction. Inform Client and construction contractor of deficiencies as notified. Deliverables • IDRs with Project photos — submitted on a weekly basis • Field Note Records and Daily Reports of Force Account Worked • Additional Project photos not included in IDRs E. Assumptions 1. Budget: E a� a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a 4-month period, from March through July 2023. Q This is intended to span the originally planned construction duration of 60 contractor (D working days, plus time allotted for Project setup and closeout. Overtime at 8 hours per o week has been figured into the budget for the inspector. An additional inspector at 10 N r hours per week has also been anticipated. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover instances, including but not limited to the following, Client and Consultant will negotiate a Supplement to this Agreement: i. The contractor's schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. c. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent differential for labor will be applied to all night shift hours worked by Consultant's employees. d. If Client requires Consultant to provide their own construction field office, Client will reimburse Consultant for all office costs, including lease and/or rental of space, equipment, utilities, and insurance. e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 3 of 6 Packet Pg. 53 KBA, Inc. 4.D.a [2/27/20231 expenses, provided the total contracted amount is not exceeded without prior authorization. f. Should Consultant's level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. g. Consultant staff working within BNSF Railroad Right -of -Way will obtain BNSF Contractor Orientation and E-Rail Safe credentials as required. 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre -bid and preconstruction meetings. Prepare and distribute meeting notes from pre -bid meeting(s), if any. b. Field office, including: i. workstations (desk, chair, and storage) for 1 staff ii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color, and of business quality iii. high-speed, WIFI internet access iv. miscellaneous office supplies v. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by m construction contractor. E a� f. Construction Survey. Provide project control survey and staking that is not already a, assigned to the construction contractor. Q 3. Scope: a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on -site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on -site. c. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client's expectations. d. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is synonymous with "construction observation," and reference to the "Inspector" role is synonymous with "Field Representative," and means: performing on -site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if Work S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 4 of 6 Packet Pg. 54 KBA, Inc. 4.D.a [2/27/20231 does not conform to the Contract Documents or requires special inspection or testing. Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Quantity takeoffs and calculated quantities are for the purpose of comparing with M Designer's and/or bidders' quantities and are not a guarantee of final quantities. �- i. Development of construction schedules and/or sequencing, and/or reviewing and r m commenting on contractor's schedules, is for the purpose of estimating number of days to E a� complete a project, for identifying potential schedule and coordination challenges, and determining compliance with the construction contract. It is not a guarantee that a a' Q construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. o Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. k. If Consultant provides Value Analysis or Value Engineering services, it is understood that any ideas, advice, or recommendations generated by the Consultant are made based only on the information presented to them, and need engineering analysis by the Designer to verify; Consultant is not responsible for the final design product. I. Client agrees to include a statement in the construction Bid Documents for this Project, requiring construction contractor to name KBA, Inc. as an additional insured via endorsement to the contractor's commercial general liability and automobile insurance policies. m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms o. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 5 of 6 Packet Pg. 55 4.D.a KBA, Inc. [2/27/20231 p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Consultant's services. q. Client agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to Client, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's knowledge. r. Consultant will not be liable for any damage to the field office premises or utilities provided by Client, unless caused by Consultant's own negligence. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. S:\Projects\Contracts\Client\Kent\B23014-01 Kent BNSF Quiet Zone\Negotiations\In-houseDrafts\BNSF Quiet Zone KBA-SCOPE 2.24.2023.docx 6 of 6 Packet Pg. 56 4.D.a ' BNSF Quiet Zone - 2SYEARS City of Kent KBA Job No. Cost + Net fee (on DSC Only) Prepared On: 2/15/2023 Prepared by: Cameron Bloomer Annual Escalation on DSC 5% ESTIMATE OF COSTS CONFIDENTIAL & PROPRIETARY TO KBA, INC. 21 20 23 20 22 22 20 23 20 22 20 20 168 160 184 160 176 176 160 184 160 176 160 160 6% 8% 20% 20% 20% 20% 12% 12% 12% 11% 10% 4% 178 173 221 192 211 211 179 206 179 195 176 166 KBA Hours �® .. - Task r r r 2023 Rate . •rrr Total Original FEB Agreemen Hours T 2023 ©�__�����_____ MAR 2023 APR 2023 MAY 2023 JUN JUL AUG SEP OCT NOV DEC 2023 2023 2023 2023 2023 Subtotal - KBA Labor Hours _- - - - 27 245 264 264 48 Loaded Original Project Expenses Rate Agreement JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Rate Costs 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 Total Subtotal - Direct Expenses 5,505 - - - 294 1,618 1,618 1,618 356 - - - - - 2023 Total Original AUG SEP OCT NOV DEC Combined Costs Task -JUL I Agreement Total • • r r r •21 2021 2023• r2023 Mark Fuglevand M3 Manager III 01.00 $90.00 450 - - - 90 90 90 90 90 - - - - - Cameron Bloomer E5 Engineer / Professional V 02.00 $76.00 2,888 - - - 304 760 760 760 304 - - - - - TBD Contracts Administi A2 Administrator II 03.00 $33.00 363 - - - 66 66 66 66 99 - - - - - Justin Clements T4 Technical Representative IV 04.00 $62.00 41,788 - - - 1,240 11,904 13,082 13,082 2,480 - - - - - TBD Inspector T2 Technical Representative II 05.00 $50.00 6,000 - - - - 2,000 2,000 2,000 - - - - - - Direct Salary Costs 2023wwim - - - 1,700 14,820 15,998 15,998 2,973 - - - - - 155.78% 5,765 - Overhead (Home) @ - - 717 1,427 1,427 1,427 768 - - - - - Overhead (Field) @ 146.37% 69,947 - - - - - 1,815 2,532 20,351 21,778 22,076 23,502 22,076 23,502 3,630 - - - - - 4,398 - - - - - Subtotal Overhead 2022 Fee on DSC 30.00% 15,447 - - - 510 4,446 4,799 4,799 892 - - - - - IV- 4,742 41,044 44,300 44,300 8,263 - - - - - Subtotal (DSC + OH + Fee) Direct Expenses (No Markup) 5,505 - - - 294 1,618 1,618 1,618 356 - - - - - Subconsultant(s) - - - - - - - - - - - - - - • TOTAL- Management Reserve - - - - - r - - - - - - - - Ef Packet Pg. 57 4.D.a EXHIBIT B INSURANCE REQUIREMENTS FOR RAILROAD PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway and the City of Kent. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy with regard to the work being performed under this agreement. BNSF Crossing Improvements/Ha Ilock 31 Janua Project Number: 23-3028.3 Packet Pg. 58 4.D.a EXHIBIT B (Continued) 2. Business Automobile Liability This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. 3. Workers' Compensation and Employers Liability Insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. 4. Railroad Protective Liability Insurance naming only the Rai/way as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Rai/way prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. BNSF Crossing Improvements/Ha Ilock 32 Janua Project Number: 23-3028.3 Packet Pg. 59 4.D.a EXHIBIT B (Continued) In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway and the City of Kent for all claims and suits against Railway and the City of Kent. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway Or City for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway and City for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of C4 Railway and City. If granted by Railway and City, any self -insured retention M or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway and/or City liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility a for claims. Prior to commencing services, Contractor shall furnish to Railway and City of Kent, an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. BNSF Crossing Improvements/Ha Ilock 33 Janua Project Number: 23-3028.3 Packet Pg. 60 4.D.a EXHIBIT B (Continued) Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway and City of Kent as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway and City to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway and City herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway and City shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway or City arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct a obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. BNSF Crossing Improvements/Ha Ilock 34 Janua Project Number: 23-3028.3 Packet Pg. 61 4.D.a EXHIBIT B (Continued) For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. BNSF Crossing Improvements/Ha Ilock 35 Janua Project Number: 23-3028.3 Packet Pg. 62 4.E • 4^4� KENT WASH NGTON DATE: March 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: King County Metro Non -Motorized Access Grant - James, Smith, and Meeker Streets Sidewalks - Authorize MOTION: Authorize the Mayor to sign a funding agreement with the King County Metro Transit Department, in the amount of $175,000, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: In October 2020, King County Metro and the City of Kent agreed through Council action to design Access to Transit improvements at 5 locations. The City completed preliminary design at each of the locations within the agreed budget and continues to seek external funding to construct the improvements. King County Metro approached the City with a proposal to use remaining funds to construct improvements within the cost estimates and timeline of the original funding source, a WSDOT Regional Mobility Grant (RMG). The RMG funds must be spent by June 30, 2023. Due to this time constraint, King County Metro will fund the construction phase for improvements with completed designs and permits, as follows. Location (intersection or Proposed Phase(s)/costs to corridor with extents) Improvements be expensed under this agreement Smith St. between 1st Avenue ADA curb ramp and Construction South and Railroad Avenue South sidewalk delineation James St between 1st Avenue ADA curb ramp and Construction South and Railroad Avenue South sidewalk delineation Meeker St between 1st Avenue Sidewalk and sidewalk Construction South and Railroad Avenue South delineation BUDGET IMPACT: King County Metro will pay for construction of three project locations, up to $175,000. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 63 4.E 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. Transit Access Agreement(PDF) Packet Pg. 64 4.E.a 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT between KING COUNTY, METRO TRANSIT DEPARTMENT and CITY OF KENT THIS NON -MOTORIZED TRANSIT ACCESS AGREEMENT (the "Agreement") is made and entered into by and between the City of Kent, a municipality of the State of Washington, (the "City" or "Contractor") and King County, a political subdivision of the State of Washington, through its Metro Transit Department (the "County"), either of which entity may be referred to hereinafter as "Party" or collectively as the "Parties." WHEREAS, the County has been awarded a Regional Mobility grant ("Grant") from the Washington State Department of Transportation ("WSDOT") that is expected to improve connectivity and mobility by providing capital funding assistance to implement a high -occupancy vehicle (HOV) parking program, on - site bicycle parking improvements, and to construct non -motorized system improvements connecting bikeways and walkways to park and ride facilities/transit centers serving major transportation corridors; and WHEREAS, for the non -motorized improvements element of the WSDOT Grant, the County intends to partner with local jurisdictions to fund the design and construction of such capital projects as sidewalks, bikeways, safe crossings, ADA ramps, traffic calming devices and treatments, lighting, traffic counters, and other improvements for enhanced safety, comfort and access to transit services and facilities; and WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in their cities and to identify barriers to accessing transit service; and WHEREAS, the County and the City have mutual interest in reducing barriers to transit service in order to support access to transit services and facilities in the City; and WHEREAS, the Parties have identified capital improvement project(s) eligible for the funds that will support and improve transit access in the City; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the terms and conditions under which the County will subcontract with the City allocating a portion of the WSDOT Grant proceeds to provide funding for the City to construct certain transit access improvements consisting, in summary, of pedestrian and bicycle safety improvements at specific locations (the "Project"), as more particularly described in the Scope of Work ("SOW") set forth at Exhibit A, which is attached hereto and incorporated herein by this reference. 2. DUTIES AND RESPONSIBILITIES OF THE CITY 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 1 of 16 Packet Pg. 65 4.E.a 2.1 Under this agreement, the City shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the transit access capital improvements provided for in the Project description set forth in Exhibit A. The Project objectives and timelines are provided for with particularity in Exhibit A. 2.2 It shall be the City's responsibility to construct the Project in compliance with applicable requirements of federal, state and local laws, rules and regulations, including, but not limited to, the Americans with Disabilities Act ("ADA"). The City shall also be responsible for the administration and funding of any contracts it enters into for the performance of its responsibilities under this Agreement. 2.3 The City will provide the County with regular progress reports for the duration of this agreement, at least quarterly, to identify work progress and other matters of significance in the performance of this Agreement. 2.4 As detailed in the Exhibit A, the City shall submit design plans for the Project improvements to the County for its review and written approval. The County will have the opportunity to review and provide written comments on the plans to ensure consistency with Exhibit A. Should the City desire to change the final Project design after the County's initial review and approval of the initial design plans, whether based on additional engineering or traffic analysis, input from stakeholders, or other factors, the County's Contract Manager, as provided for in Section 18 of this Agreement, shall be notified of such proposed changes. Any such changes that are deemed significant by the County shall require joint written approval consistent with Section 15 of this Agreement. 2.5 The City will secure any additional funding to complete the improvements if County funds under this agreement do not cover full costs. The constructed improvements will be the property of the City. The City will be responsible for on -going maintenance, repair and replacement of any project improvements. 2.6 This Agreement is subject to the requirements of the State Capital Construction Grant Agreement GCB 2289 (the "Grant Agreement"), pursuant to which the County, as the Grant recipient, agreed to include Sections 9 through 17 of the Grant Agreement, attached hereto as Exhibit B and incorporated herein by this reference, in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any incidental goods or supplies, or the performance of any work to be accomplished with funds awarded under the Grant Agreement. The County further agreed that those clauses shall not be modified in any such subcontract, except to identify the subcontractor or other person or entity that will be subject to its provisions. The City shall comply with the requirements of Exhibit B and shall ensure that any of its subcontractors comply with the requirements of Exhibit B when performing work pursuant to this Agreement. 3. DUTIES AND RESPONSIBILITIES OF THE COUNTY 3.1 The County will reimburse the City for up to $175,000 of eligible costs incurred by the City for the transit access capital improvements as provided for in the SOW as set forth in Exhibit A. 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 2 of 16 Packet Pg. 66 4.E.a Under no circumstances will the County's contribution to the City's eligible Project costs exceed $175,000 (the "Reimbursement Cap"). 3.3 As the state Grant recipient, the County will be responsible for any reporting and/or invoicing for reimbursement from WSDOT that may be required under the terms of the Grant award. 4. INVOICE AND PAYMENT PROCEDURES 4.1 The County will reimburse the City for eligible costs incurred for work performed pursuant to this Agreement as identified in the SOW, except that costs incurred after June 30, 2023 shall not be reimbursed. The City shall submit a completed invoice to the County detailing quarterly activities, outcomes, expenses and reimbursement amount due within thirty (30) days of each quarter's end. The final invoice will cover the last quarter's expenses and any outstanding eligible costs. The County shall pay the City within thirty (30) calendar days after the County has received completed invoices. In no event shall the total reimbursement to City for work performed pursuant to this Agreement exceed the Reimbursement Cap provided for in Subsection 3.1 of this Agreement. 4.2 In the event that an overpayment has been made to the City by the County, the County will bill the City for the amount of overpayment. The City shall pay the County within thirty (30) days of receipt of an invoice for overpayment. Any disputes regarding whether or not an overpayment was made to the City shall be resolved by the dispute resolution process set forth in Section 6. 5. EFFECTIVE DATE AND DURATION OF AGREEMENT This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement (the "Effective Date") and shall remain in effect until September 30, 2023, unless extended by written amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to the provisions of Section 7 of this Agreement. 6. DISPUTE RESOLUTION PROCESS 6.1 Designated Dispute Resolution Representatives. The following individuals are the designated representatives for the purpose of resolving disputes that arise under this Agreement: For the County: Carol Cooper, Managing Director King County Metro Transit Market Innovation Section 201 South Jackson Street, MS KSC-TR-0411 Seattle, WA 98104 (206) 477-5871 carol.cooper@kingcounty.gov For the City: Chad Bieren, PE, Deputy Public Works Director, City Engineer City of Kent 400 West Gowe Street Kent, WA 98032 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 3 of 16 Packet Pg. 67 4.E.a (253) 856-5534 cbieren@KentWA.gov 6.2 The County representative and the City representative shall confer to resolve disputes that arise under this Agreement as requested by either Party. The designated representatives shall use their best efforts and exercise good faith to resolve such disputes. 6.3 In the event the designated representatives are unable to resolve the dispute, the City's Public Works Director or her/his designee and the General Manager of the County's Metro Transit Department or her/his designee shall confer and exercise good faith to resolve the dispute. 6.4 In the event the Public Works Director and the General Manager of Metro Transit are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non- binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s). 6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless another venue is mutually agreed to in writing. 6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 7. TERMINATION 7.1 Termination for Convenience. The County may terminate this Agreement for its convenience and without cause upon thirty (30) days written notice to the City. The date of termination will be 30 days after written notification. In the event of termination of this Agreement by the County pursuant to this Subsection 7.1, the County shall be liable only for costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement and such breach is not cured in the time provided in this Subsection 7.2. Written notice of intended termination and a description of the breach must be provided via certified mail by the Party terminating this Agreement to the other Party not less than thirty (30) calendar days prior to the intended effective date of termination. The breaching Party shall be given thirty (30) calendar days in which to cure its material breach to the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty (30) calendar days, the Agreement shall terminate on the date specified in the notice. 7.3 Termination for Non -Appropriation or Loss of Funding. In addition to termination for default, the County may terminate this Agreement for non -appropriation or loss of funding by giving not less than thirty (30) calendar days' written notice thereof to the City. In the event of termination of this Agreement by the County pursuant to this Subsection 7.3, the County shall be liable only 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 4 of 16 Packet Pg. 68 4.E.a for costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 8. LEGAL RELATIONS 8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 8.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or partnership is formed as a result of this Agreement. 8.3 Independent Capacity. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 8.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or earlier termination of this Agreement. 9. RECORDS RETENTION AND AUDIT 9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six (6) years from the date of its expiration or earlier termination, the records and accounts pertaining to this Agreement are to be kept available by both Parties for inspection and audit by the other Party and the State Auditor, and copies of all records, accounts, documents, or other data pertaining to the Agreement will be furnished upon reasonable notice. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six -year retention period. 9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non -privileged, non- exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are subject to public disclosure under the Washington State Public Records Act, Chapter 42.56 RCW. 10. FORCE MAJEURE 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page S of 16 Packet Pg. 69 4.E.a Either Party to this Agreement shall be excused from performance of its responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 11. NONDISCRIMINATION The City agrees to comply with all applicable federal, state, and local laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing services or performing any work using funds provided under this Agreement. During the performance of this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement, shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in the administration or delivery of services or any other benefits under this Agreement. King County Code Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this Agreement. 12. INDEMNIFICATION The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the County, its elected officials, officers, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, actions, judgments, and/or awards of damages or expenses of any nature whatsoever, arising out of or in any way resulting from the City's acts or omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of its contractors, subcontractors, consultants, and their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. The City agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the City's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide the County, its elected officials, officers, employees, and agents with a full and complete indemnity of claims made by the City's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or earlier termination of this Agreement. 13. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 6 of 16 Packet Pg. 70 4.E.a Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. 14. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 15. CHANGES AND MODIFICATIONS This Agreement may be changed, modified, or amended only by written agreement executed by authorized representatives of both Parties. 16. REPRESENTATION ON AUTHORITY OF SIGNATORIES The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 17. ALL TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 18. CONTRACT MANAGEMENT All contact information for the management of this Agreement shall be identified herein and may be updated by either Party for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update to the Contract Managers shall state the effective date of said update. Contract Manager for City of Kent King County Contact Name Carla Maloney, PE Malva Slachowitz Title Design Engineering Manager Senior Transportation Planner Address 400 West Gowe Street Kent, WA 98032 201 South Jackson Street, KSC-TR- 0411, Seattle, WA 98104 Telephone 253-856-5523 206-477-5873 Email cmaloney@KentWA.gov malva.slachowitz@kingcounty.ov 19. ASSIGNMENT Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 20. EXECUTION OF AGREEMENT —COUNTERPARTS 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 7 of 16 Packet Pg. 71 4.E.a This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized representatives on the dates shown below their respective signatures. KING COUNTY By: CITY OF KENT By: Michelle Allison, Interim General Mayor Manager City of Kent King County Metro Transit Department Date: Date: 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 8 of 16 Packet Pg. 72 4.E.a EXHIBIT A SCOPE OF WORK NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Purpose a. To construct improvements for pedestrian and bicycle safety and access to public transit services at two locations: James Street between 15t Avenue South and Railroad Avenue South and Smith Street between 15t Avenue South and Railroad Avenue S, as described in Section 3. b. Construction of the Project will be the responsibility of the City. Scope of Services a. Project Management: The City will manage the project using professionals with capital project experience. Budget and schedule will be monitored regularly throughout the work covered by this Agreement. The City will provide the County with progress reports at least quarterly, per Subsection 2.3 of this Agreement. b. Design: The City will be responsible for managing the design of the project and developing the bid documents. The project will be designed following the City of Kent Design and Construction Standards. The project will be permitted as a capital project, under the City's SEPA Planned Action. The City will maintain the lead agency role for SEPA. c. The City shall submit design plans for the Project improvements to the County its review and written approval, per Subsection 2.4 of this Agreement. Monitoring and Measurement Plan: The City will work with King County to develop a monitoring and measurement plan and collect "before project" information. Reporting: The City will submit quarterly progress reports to the County during work under this agreement to show work completed and spending. Construction, Inspection, Monitoring a. Construction: The City will monitor construction through completion. Upon Project completion, all improvements constructed under the Project will be subject to the City's maintenance policies and procedures. b. Inspection: Existing City staff or a consultant project manager will provide construction inspection services, possibly with third party support for specific specialties. c. Monitoring and Reporting: Upon construction completion, the City will work with Metro to monitor usage of the project facilities on an annual basis for four years following project completion. 4. Projects to be completed Location (intersection or Proposed Improvements Phase(s)/costs to be corridor with extents) expensed under this agreement Smith St. between 1st Avenue ADA curb ramp and sidewalk Construction South and Railroad Avenue delineation South 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 9 of 16 Packet Pg. 73 4.E.a James St between 1st Avenue ADA curb ramp and sidewalk Construction South and Railroad Avenue delineation South Meeker St between 1st Sidewalk and sidewalk Construction Avenue South and Railroad delineation Avenue South S. Schedule Project milestones below represent work to be completed under this Agreement. Costs incurred after June 30, 2023 shall not be eligible for reimbursement under this Agreement. The project milestones are estimated as follows: Milestone Month/Year Project completion for work under this Agreement June 2023 (required end of reimbursable work) 6. Budget The reimbursement cap by the County for City expenses is shown below, with estimated distribution by expense. Funds may be shifted between locations or expenses under this Agreement. Other costs associated with the Project, including construction, are the responsibility of the City. Phase/expense Costs Construction of proposed improvements Est. $165,000 Contingency Up to $ 10,000 Total County reimbursement cap Max. $175,000 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 10 of 16 Packet Pg. 74 4.E.a Exhibit B Assignments and Subcontracts Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision. The CONTRACTOR agrees to include Sections 11 through 25 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: "This AGREEMENT is subject to the appropriations of the State of Washington." Section 11 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Exhibit I Attachment A, for the term of the Project's plus four years after the project is complete, as set forth in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project and annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's Regional Mobility Grants Program Guidebook, 2015 version, and any subsequent amendments thereto: 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 11 of 16 Packet Pg. 75 4.E.a 1. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first reimbursement request. 2. An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, a -mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 12 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined by WSDOT, indicated in the "Financial Plan Table" of the 2015-2017 Regional Mobility Grant Application that is based upon Architectural/Engineering (A&E) estimates, materials used and industry standards for the type of structure built. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. Section 13 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Regional Mobility Grants Program Guidebook and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 12 of 16 Packet Pg. 76 4.E.a CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this AGREEMENT." Section 14 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT's Public Transportation Division and obtain documented approval before design work commences. Section 15 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 16 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 17 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 18 State and Local Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 13 of 16 Packet Pg. 77 4.E.a writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record -keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 14 of 16 Packet Pg. 78 4.E.a C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third -party contractor to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self- insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D. If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Limitation of Liability 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 15 of 16 Packet Pg. 79 4.E.a A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be coverable by the prevailing PARTY. 2023 NON -MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT Between King County and the City of Kent Page 16 of 16 Packet Pg. 80