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City Council Meeting - Council - Agenda - 08/04/2009
'AG EN DA�, juY�a aI �yls I'll , 1 „t q :h`�� wedau; ${ 11Y of Kentity Count., o' n ,41 V% VVW�� �,,XU 'm' P ti rgry,�i August 4, 2009 �a. Mayor Suzette Cooke Debbie Raplee, Council Preside t Councifinembers Elizabeth Albertson Ron Harmn Tim Clark Debor .�h anniger Jamie Danielson Les Thom:1 0 SCENT WASH IN O T O N " City Clerk's Office 40 KENT CITY COUNCIL AGENDAS i KENT August 4, 2009 WaSHINGro. Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas COUNCIL WORKSHOP AGENDA CANCELLED ********************************************************************** COUNCIL MEETING AGENDA 5:00 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Employee of the Month 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve j B. Payment of Bills - Approve C. King County Aukeen Court Lease Agreement Time Extension - Authorize D. Verizon Wireless Account and Contract Consolidation - Authorize E. Jail Proceeds Agreement - Authorize F. Staffing for Adequate Fire and Emergency Response (SAFER) Grant - Accept G. Issuance of Combined Utility System Revenue Bonds Ordinance - Adopt H. 2010-2015 Six-Year Transportation Improvement Plan - Setting Hearing Date I. Easement Agreement re Upper Johnson Creek Restoration Project - Authorize J. Anchor QEA LLC/Lake Meridian Outlet Project Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUEID K. Release of Sanitary Sewer Easement - Authorize L. Surveyor for Green River Levees Contract - Authorize 7. OTHER BUSINESS A. Economic and Community Development Department Reorganization - Ordinance B. Regional Valley Cities Broadband Grant Application Resolution - Adopt 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us, An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. U v — E v c$� a 73 v � ° a` C O = y N r9 v V `1 N00 N w N b -6 L OQ L 7 Sc C vyi y O d v e. v -aa y c y y c v ° c c T o y v y y v E 7 y Lob Q u E s v yL n o y ac u " `" to 3 � aroi �3 cam- c70: ..0 O C 4J O Y 0 E (p C_ t E C in V a) y 7 7 .... 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O C O C LaiW iO� �~ vac �pO as E `as E m00 V V � Uw d w v � a C O c y 70 C 2 `° L a O L O v Cc N — y `� c v E N 3 E 2 s• M T� y i 7 — C -a,, L S O 3 > r y b U • - o> c E > n 7 O a E 7 o v E N y ro c c 9 o ► c o u 3� v tv O o v Tc E • V v i E o i u ° o b >, rp -c oA .,v F- '� >'� C L >,L E O 7 • -O Q C y v O'O C O 00 v N o n o EQ �U ��fl 3 a� _ _a) ° 0 mEM, oca3 ac � v ° a °"i� ' , :-- v y v c vc E O Cv E i n OTC v�u Q V > n E E s Q ro O < v to` _ y COUNCIL WORKSHOP 1 ' CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF �, B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS } C) EMPLOYEE OF THE MONTH Kent dity Council Meeting Date August 4, 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through L. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 21, 2009. 6B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15, after auditing by the Operations Committee on July 7, 2009' Al2groval of checks issued for vouchers: Date Check Numbers Amount 6/15/09 Wire Transfers 3760-3777 $11,,787,268.73 6/15/09 Regular Checks 633125-633567 1,624,649.78 Void Checks 633398 -1,915.25 Use Tax Payable 2,584.40 $3I,412,587.66 Approval of payment of the bills received through June 30 and paid on June 30, after auditingb the Operations Committee on Jul 7 2009 Y P Y , Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/09 Wire Transfers 3778-3796 $1�778,172.45 6/30/09 Regular Checks 633568-633907 5'�013,609.27 Use Tax Payable 2,064.54 $6�793,846.26 (over) Approval of payment of the bills received through July 15 and paid on July 15, after auditing by the Operations Committee on July 21, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/09 Wire Transfers 3797-3818 $1,918,579.57 7/15/09 Regular Checks 633908-634429 1,120,605.56 Void Checks 633913 -754.11 Use Tax Payable 2,607.30 $$,041,038.32 Approval of checks issued for payroll for June 1 through June 15 and paid on June 19, 2009: Date Check Numbers Amount 6/19/09 Checks 312406-312658 $ 200,099.11 6/19/09 Advices 250419-251201 561 131.11 $ ,761,230.22 Approval of interim payroll for June 8, 2009: 6/23/09 Void Check 312260 -19.97 6/23/09 Reissued Check 312659 19.97 0 Approval of checks issued for payroll for June 16 through J une 30 and aid on LP p Y 9 �4 p July 2, 2009: Date Check Numbers Amount 7/2/09 Checks 312660-312938 $ 208,538.54 7/2/09 Advices 251202-251983 566 698.21 $ ,775,236.75 Approval of checks issued for payroll for Jul 1 through Jul 15 and aid on Y Y � Y, � July 20, 2009: Date Check Numbers Amount 7/20/09 Checks 312939-313224 $ 243,940.70 7/20/09 Advices 251984-252761 662 712.02 $ ,906,652.72 I Kent City Council Meeting KEAIT N July 21, 2009 The regular meeting of the Kent City Council was called to order t 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Danie son, Harmon, Raplee, and Thomas. Ranniger was excused from the meeting. CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council resident Raplee added Other Business Item A. B. From the Public. (CFN-198) Continued Communications It m A was added at the request of an audience member. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke announced t at the City of Kent has received a Take Pride in America Award for outstanding acc mplishments by volunteers. She also announced that the ShoWare Center has r ceived LEED (Leadership in Energy and Environmental Design) Gold status, nd that it is the first sports arena in North American to achieve this rating. B. Community Events. (CFN-198) Clark announced that life uards are now on duty at Lake Meridian, and outlined the free Summer Concert S ries events throughout the city. C. National Night Out. (CFN-155) Mayor Cooke read a procl mation declaring August 4, 2009, National Night Out in the City of Kent, and pre ented it to Terri Morford. D. Public Safety Report. (CFN-122) Fire Chief Schneider ga e a presentation on the recent fireworks and Police Chief Strachan updated his mo thly statistics. He also reported on fireworks, Cornucopia Days, the Relay for Life, an graffiti removal. He then presented awards to police personnel and a citizen for th it excellent work. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through . Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular ouncil meeting of July 7, 2009, were approved. B. Approval of Bills. (CFN-104) This information was not a ailable. C. Kincz County Fire Protection District 37 Fire Station a d Administration Building Remodel Agreement. (CFN-122) The Mayor was authorized to sign the Fire Station and Administration Building Remodel Agreement ith King County Fire Protection District 37 for the District to reimburse the City for its remodel expenses in an amount not to exceed $600,000, subject to final terms an conditions acceptable to the City Attorney. 1 Kent City Council Minutes 3uly 21, 2009 D. CodeRED Services Agreement. (CFN-122) The Mayor was authorized to sign the service agreement with CodeRED to provide emergency communication services at an annual cost of $25,000. E. Washington Traffic Safety Commission, Drive Hammered — Get Nailed Grant. (CFN-122) The Washington Traffic Safety Commission grant in an amount not to exceed $3,000 was accepted, the Police Chief was authorized to sign all necessary documents, amendment of the budget was authorized, and the Police Department was authorized to spend the grant proceeds. F. Washington Traffic Safety Commission, Target Zero Grant. (CFN-122) The Washington Traffic Safety Commission grant in an amount not to exceed $93,840 for the Kent/South King County Target Zero Task Force was accepted, establishment of a budget was authorized, and the Police Department was authorized to spend the grant proceeds, and the Mayor was authorized to sign all necessary documents. G. Washington Traffic Safety Commission, Motorcycle Enforcement Patrols Grant. (CFN-122) The Washington Traffic Safety Commission, Motorcycle Enforcement Patrols grant in an amount not to exceed $3,350 was accepted, the Police Chief was authorized to sign all necessary documents, amendment of the budget was authorized, and the Police Department was authorized to spend the grant proceeds. H. Physically Disabled Parking Ordinance. (CFN-122) Ordinance No. 3924 which repeals section 9.38.090 of the Kent City Code to allow Kent Police Officers to cite violators who illegally park in spots reserved for the physically disabled under the state RCW provision, which carries a higher penalty was adopted. I. Seattle Police Department Interagency Agreement Amendment, Special Gang Enforcement Taskforce. (CFN-122) The Police Chief was authorized to sign the Seattle Police Department Interagency Agreement Amendment regarding the Special Gang Enforcement Taskforce in an amount not to exceed $10,000. J. Purchase of 61' Sky-Boom. (CFN-122) The Mayor was authorized to sign the contract with Pierce Manufacturing for the purchase of a 61' Sky-Boom in an amount not to exceed $962,185, subject to final terms and conditions acceptable to the City Attorney. K. Emergency Management Performance Grant. (CFN-122) The Emergency Management Performance Grant from the Washington State Military Department and the Department of Homeland Security in the amount of $90,079 was accepted, the Mayor was authorized to sign all necessary documents, amendment of the budget was authorized, and expenditure of the grant proceeds was authorized. L. Aon Deferred Compensation Consulting Contract. (CFN-147) The Mayor was authorized to sign the Aon Deferred Compensation Consulting Contract in an amount not to exceed $30,000, subject to finals terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes July 21, 2009 M. Kent Russell Road Maintenance Facility Roof and Wall I rovements. (CFN-120) The Kent Russell Road Maintenance Facility Roof and all Improvements were accepted as complete. N. Kent Police Firing Range Target System Improvements. (CFN-118) The Kent Police Firing Range Target System Improvements were acce ted as complete. O. Fehr & Peers Inc. Trans or ation Master Plan Phase 2 reement Amendment. (CFN-164) The Mayor was authorized to sign Amendment One to the Consultant Services Agreement between the City and Fehr & Peers, Inc. in the amount of $116,400 for completion of work on the Transportation Master Plan Phase 2, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. P. Kinci County Interlocal Agreement for Transfer of Mul i le County-Owned Parcels. (CFN-120) The Mayor was authorized to sign the Inter ocal Agreement between King County and the City relating to the transfer of mult pie County-owned drainage parcels and easement rights to the City of Kent. Q. NW Hydraulic Consultants Contract to Analyze Raisin . 2591h Street. (CFN-1038) The Mayor was authorized to sign a contract with N rthwest Hydraulic Consultants, Inc. to perform technical work required to obtain a Conditional Letter of Map Revision for the South 259th Street Raising project in an am unt not to exceed $35,004.00, subject to final terms and conditions acceptable to t e City Attorney and the Public Works Director. R. Excused Absence for Councilmember Deborah Ranni r (CFN-198) An excused absence from tonight's meeting for Councilmember Ran iger was approved. S. Corrections Facility Renovation Acireement with Ar hit is Rasmussen Triebelhorn, AIA/PS. (CFN-122/118) The Mayor was authorized to sign the agreement with Architects Rasmussen, Triebelhorn, AIA/PS in thE amount of $78,536.00 for a schematic design to renovate the Corrections Facility. OTHER BUSINESS ADDED ITEM A. State Route 509. (CFN-171) Mayor Cooke stated that the iinportance of having SR 509 included in the alternatives of the Puget Sound R gional Council's Transportation 2040 Environmental Impact Statement was menti ned at the South King County Area Transportation Board meeting this morning. Deputy Public Works Director Tim LaPorte explained that the State Route 509 project onnects to the 228th Corridor, and involves redoing the interchange at SR 516 and I-5 completing the missing link. He explained the benefits of the project and the current status of the project. He said adoption of the proposed resolution would signify support and underline the importance of the project to the region. LaPorte responded to questions from Harmon and Albertson, and Raplee moved to adopt Resolution No. 1811 stating the City's support for the State of Washington's improvement plans to link State Route 509 with Interstate 5. Harmon seconded and the motion carried. 3 Kent City Council Minutes July 21, 2009 REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) No report was given. CONTINUED COMMUNICATIONS A. Maintenance. (CFN-462) Barbara Phillips, 9623 S. 2481", said the small businesses around 1st and 2"d Avenues and Titus Street are concerned that there is a significant difference between maintenance at Kent Station down to the Historic District and around Titus. She explained that their concerns relate to trees not being trimmed, bushes not being cleared, and holes in the road not being repaired. She asked for equitable maintenance throughout the city. ADJOURNMENT The meeting adjourned at 7:52 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date August 4, 2009 Category Consent Calendar - 6C 1. SUBJECT: KING COUNTY AUKEEN COURT LEASE AGREEMENT TIME EXTENSION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Parks Director to approve a 90-day extension, and any additional, reasonable time extensions, for the design and construction of the Aukeen Court Renovation Project. The City is requesting that the parties to the Aukeen Lease;Agreement agree to extend 90 days, the 6 month deadline for the City to submit a 100% plan development for review and approval by King County. The deadline extension is necessary in order for the parties to evaluate and reach an agreement regarding security equipment to be installed'during the City's tenant improvements. The length of time the parties are finding necessary for agreement on this issue is greater than the time frames set by the Lease, and 1 mutual agreement on this issue will reduce the potential fob- change orders during construction of the City's tenant improvements. Since this is a change of terms to the Lease agreement, it was suggested by the City Attorney that authorization be obtained for the Parks [director to approve any future time extensions within reason. 3. EXHIBITS: Memo to King County 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember, seconds DISCUSSION: ACTION: CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES � Jeff Watling, Director r KENT 220 41h Avenue South WA.H.N GTOH Kent, WA 98032 Phone: 253 856-5100 p rksrecreation@ci.kent.wa.us Memo TO: Bob Thompson, Supervisor Real Estate Services Leasing Section King County Facilities Management Division FROM: Jeff Watling, Director Parks, Recreation and Community Services City of Kent RE: Aukeen District Court City of Kent Lease Agreement First Time Extension Request-Tenant Improvements The City of Kent("Tenant") is requesting that the parties to the Aukeen Lease Agreement dated December 22, 2008 ("Lease"), enter into a mutual written agreement, per Section 3.C.3 of the Lease,to extend by ninety(90) days the six(6) month deadline for the City submitting 100 percent plan development for review and approval by King County ("Landlord"). The six (6) month deadline is referenced in Section 3.0 and 2.8.5 of the Lease, and Section 2.3 of Exhibit C to Lease. The extension of the six 6 month deadline is necessary in order for the Tenant and Landlordto evaluate and reach an O Y agreement regarding security equipment to be installed during the Tenant Improvements. 1he length of time the parties are finding necessary for agreement on this issue is greater than the time frames found in E hibit C of the Lease, and mutual agreement on this issue will reduce the potential for Change Orders during construcl ion of the Tenant Improvements. Print Name: Jeff Watling, City of Kent Parks, Recreation and Community Services Director Date: Signature below is agreement on behalf of Landlord to the deadline extension described above. Print Name: Date: 1 Kent City Council Meeting Date August 4, 2009 Category Consent Calendar - 6D 1. SUBJECT: VERIZON WIRELESS ACCOUNT AND CONTRACT CONSOLIDATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign all necessary documents to convert and consolidate the City's Verizon Wireless accounts under the contract terms and pricing schedules negotiated by the United States General Services Administration, through October 2009, with four 1 year renewal options, and an estimated annual cost of $85,000. jOver the years, various City departments have established wireless accounts with Verizon Wireless and Sprint using a variety of different plans and contract prices. Pooling these accounts with Verizon Wireless and placing them all under the supervision of the City's Information Technology Department will allow the City to realize an annual savings of approximately $49,000. 3. EXHIBITS: July 21, 2009 Memorandum to Operations Committee; Pricing Schedules; and Contract 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds rDISCUSSION: ACTION: ' C INFORMA ION TECHNOLOGY Paul Dunn, Technic I Services Manager Phone:253-856-4600 K ENT Fax: 253-856-4700 W A S H I N O T O N Addres : 220 Fourth Avenue S. Kent,WA. 98032-5895 DATE: July 21, 2009 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager SUBJECT: Verizon Wireless Account and Contract Consolid tion Motion: Move to authorize the Mayor to sign all necessary docume ts, agreements and orders to convert and consolidate the City's Verizon Wireless accounts to be provided under the coverage of United States General Service Administration agreement and pricing schedules, through October, 2009 with fou 1 year renewal options and a total estimated annual cost of $85,000, and subje t to final terms and conditions acceptable to the City Attorney. SUMMARY: Over the years, various City Departments have established wireless communications services with Verizon Wireless using a variety of di erent plans and contract prices. Because these different plans provide a range of prices and non-pooled minutes, some users use more than their allotted maxi ums, subjecting them to high per minute overage charges, while others se a very small number of minutes. Because they are on separate plans, their unu ed minutes cannot presently be "pooled" to benefit other users. The Information Technology Department is the central resource fo provisioning and accounting for the City's Cellular and Cellular data devices. Wi h a central view to the City's cellular usage profile, IT is in an advantageous positio to investigate possible economies. At the request of the Information Technology Department, Verizon Wireless has completed a detailed analysis of the City's Wireless usage of Veriz n services and prepared estimates that show by converting the existing plans and contracts to a unified US Gerneral Services Administration pricing schedule, the ity could realize an annual savings of approximately $27,000. Further, if the City were to discontinue usage of Sprint/Nextel ser ices and convert the subscribers on Sprint/Nextel Plans to the Verizon GSA pricing chedule the City could save an estimated $22,000 annually. The City is allowed to enter into an agreement of this type under the conditions set r forth in Kent City Code Chapter 3.70.030 - advertised bids, which states " . . . A bid conducted by another public agency for substantially the same purchase shall constitute compliance with the bid requirements herein." The US General Services Administration (GSA) has included this agreement under their "Schedule 70" - which allows other jurisdictions and agencies to purchase under the terms of the GSA's Cooperative Purchasing Agreement. The contract with Verizon has been bid and negotiated by the US General Services Administration (GSA). BUDGET IMPACT: None - Adoption of this contract will result in a reduction of expenses that are already budgeted. r BACKGROUND: Verizon has completed an analysis of the City's wireless accounts and usage and recommended conversion of our various wireless voice plans to one plan: America's Choice 300 for the Federal Government (GSA-FSS) with Shared minutes option, unlimited nights and weekends and unlimited mobile - to - mobile service. In this plan, any user who uses more than 300 minutes of airtime in a monthly billing period would receive "shared" minutes from the overall pool of minutes under the plan. The City's current usage patterns show that in a typical month, the City uses about 47,000 minutes of airtime. The new plan, offered at a lower price provides a pool of 63,600 minutes of shared airtime. The offered plan represents the smallest shared minutes plan available from Verizon. Summary of Estimated Annual Savings Estimated Wireless Account Annual Savings 871053731-0001 - Wireless Data Services - 59 $4,296.00 871053731-0002 - Wireless Data Services - Public Safety - 51 $4,161.60 871053731-0003 - Wireless Voice and Data (Blackberry) Services - 216 $18,929.52 Estimated Total Annual Savings $27,387.12 Attachments: 1. Excerpt from Verizon Service Rate Plans Offering - 2.0 A America's Choice for the Federal Government Plan - 300 Anytime Minutes. 2. Excerpt from Verizon Service Rate Plans Offering - 2.0 b National Access/Mobile Broadband calling plan. r 3. Verizon Wireless account analysis (Phone Numbers Redacted) 4. Verizon Wireless Federal Contract # GS-35F-0119P . r �•� � �� 7 2.0 Service Rate Plans Activation Fees and Early Termination Fees are waived for Government Subscriber a. Voice Service Pricing PlanAmers _ SUBSCRIBERS _ The calling plans detailed below reflect the monthly access fee discount. No additional discounts apply. Discounted Months Access Fee $40.99 $52.99 _Anytime Minutes �V __ _ 600 1000 Friends&Family for Government' Up to 10 Numbers for Entire Arco nt,Not Per User Overa a Rate—_ Nights an_d_Weekends Minutest _Mobile to Mobile Minutestt > Shared Minute Option Unlimited Push to Talk $5.00(monthly access per subscriber in addition to discounted monthl access fee Note: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network "h no roaming.See America's Choice for the Federal Government Calling Plan Map for details,tNights and Weekends terms a d no apply ttMobile to Mobile minutes included with SharePlans are per line and cannot be shared among multiple Su scribers.Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Share Option:Each sharing S bscnber's unused anytime minutes will pass to other sharing Subscribers,that have exceeded their anytime minutes,during t e same monthly billing period.National sharing is only available to Subscribers on the same billing account. Unused minut will be distributed to Subscribers based on their access fee from highest to lowest. International dialing,directory assistance,an features may be categorized together,billed as other charges,and not detailed on the monthly invoice.Push to Talk:Push o Talk calls may only be made with other Verizon Wireless Push to Talk subscribers,and only from the National Enhanced Ser0 s Rate and Coverage Areas. For optimal Push to Talk performance,all callers on a Push to Talk session must have an EV-DO Rev.A capable device and be receiving EV-DO service.A Push to Talk call is terminated by pressing END or will utomatically time out after ten(10)seconds of inactivity.While you are on a Push to Talk call,voice calls received will go direct) to Voice Mail.When you are on a voice call,you cannot receive a Push to Talk call.You cannot prevent others who have your 'reless phone number from entering you into their Push to Talk contact list.Only one person can speak at a time during Push to alk calls. When using your phone keypad to make a Push to Talk call,you must enter the ten-digit phone number of the called p .Presence information may not be available for all Push to Talk contacts. The timeliness of presence information ma be impacted by the network registration status of a Push to Talk contact.Your Push to Talk service cannot be used for any ap lications that tether your phone to computers or other devices for any purpose.Push to Talk-capable phone and feature requir .Push to Talk subscribers cannot use Push to Talk or other data products and services(i.e.Picture Messaging,Mobile eb,Get It Now, Mobile Broadband Connect,etc)while roaming on other carriers'networks at this time.`Friends&Family r Government eligibility vanes on selected calling Ian and requires billing through the Verizon Wireless online billin aI M Business -4- This Quotation is valid for ninety(90)days from June 9,2009(except for promotional pricing which may expire sooner). Data furnished in this document shall not be duplicated,used,or disclosed in whole or in part for any urpose other than to evaluate the document. ' -_` b. Wireless Data Service Pricing Plans NationalAccess/Mobile Broadband Calling Plans: GSA-FSS SUBSCRIBERS ONLY A discount has been applied and this plan is not eligible for anyfurther discounts i _Discounted Month) Ay ccess Fee`^ Optional Feature Access Fee_= _ Domestic MB Allowance _Overage Rate Per K13 _National-Access Roaming____ Home Airtime/Min.Rate RoaminqAirtime/Min.Ratet�,_ 44 Domestic Lona Distance' BlackBerry/PDAPlans: ONLY A discount has been applied and this plan is not eligible for any further discounts. BlackBerryTRA Calling Plan Discounted Monti Access Fee $34.99 - - - -- ----- -- Domestic MB Allowance __ _ Unlimited Home Airtime/Min.Rate $0.12 _M_obile to Mobile Calling___~_ , Unlimited Domestic Text Messages Unlimited Domestic Long-Distances Included ------------ ---------------- Overaqe Rate Per KB __w�.--_ National-Access Roamin $0.002 per Kilobyte Global Email Unlimited MB Allowance $16.00 (monthly access per subscriber in addition to standard monthly access fee NOTE: Subject to the NationalAccess/Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), PDA and BlackBerry Plans. BroadbandAccess is available only in specific markets; please see www.verizonwireless.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. tRoaming,toll, and long distance charges may apply when making and receiving calls outside of the NationalAccess home airtime rate and coverage area and in CDMA countries,see International Roaming terms and conditions.Per minute roaming applies to Voice calls and Quick 2 Net.tDomestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. tttLong distance charges will apply when making or receiving calls outside the United States. Mobile Broadband Discount has already been applied as indicated herein and is not eli ible for any further discount, Optional Feature Access Fee MB National Access Allowance Roaming For Voice&Unlimited VZEmail Optional Feature $10.00 Unlimited $0.002 per Kilobyte Subscribers Notes: Mobile Broadband Connect is currently available on select voice and data devices, and provides NationalAccess/Mobile Broadband service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering, and/ or a software update may be required. Bluetooth@ is not supported with Mobile Broadband Connect. The LG 9800 is not capable of roaming with tethered access on the National Enhanced Extended Service Area. Other data roaming rates apply to IS-95 and other non-NationalAccess data usage in the United States, as determined by the underlying calling Ian,or$0.25 per minute. -6- This Quotation is valid for ninety(90)days from June 9,2009(except for promotional pricing which may expire sooner). Data furnished in this document shall not be duplicated,used,or disclosed in whole or in part for any purpose other than to evaluate the document. 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N r � .^ � �f ,' N; by `-' p Q. N�'�•- .-. m � � �?m • - - - .JN y C�, Q cp, ? ca a m.;m Z 3 L L 25 L1 vert onwireless 7600 Montpelier Road Laurel, Maryland 20723 1-800-561-6227 http://www.verizonwireless.com/-government AUTHORIZED FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICE IST GENERAL PURPOSE COMMERCIAL INFORMATION TEC NO LOGY EQUIPMENT, SOFTWARE AND SERVICES General Services Administration, Federal Supply Servi e Cellular/PCS Voice Services Contract Number: GS-35F-0119P Period Covered by Contract: December 03, 2003 through Dece ber 02, 2008, with an extension 'through October 3, 2 09. Modification: 14 Special Item No. 132-53 Wireless Excluding local and long distance oice, data, video, and Services (FPDS Code D304): dedicated transmission services w ich are NOT mobile. Verizon Wireless has provided service to the Federal sector for over 20 years We have a dedicated National Government Sales Organization that is focused on meeting the ne ds of the Government customer. Our established relationships and service reputation have assi led in expediting and facilitating wireless solutions for the government customer. Products and ordering information in this Authorized FSS Information Techn logy Schedule Pricelist are also available on the GSA Advantage! System. Agencies can brow a GSA Advantage! by accessing the Federal Supply Service's Home Page via the Internet at htt :// fss.gsa.gov/ Federal Supply Schedule, S-35F-0 P F IS- -9 000 -B-REFRESH#2 (issued 008 Page I of 35 V4l1f,'�l'fwiretess TABLE OF CONTENTS Information for Ordering Activities 1.Geographic Scope of Contract 3 2.Ordering Address and Payment Information 3 Verizon Wireless Authorized IT Schedule 1.Verizon Wireless Overview 4 2.Service Rate Plans 6 Information for Ordering Activities 3.Liability for Injury or Damage 25 4.Statistical Data for Government Ordering Office Completion of Standard Form 279 25 5.FOB Destination 25 6.Delivery Schedule 25 7.Discounts 25 8.Trade Agreements Act of 1979 25 9.Statement Concerning Availability of Export Packing 25 10.Small Requirements 25 11.Maximum Order 25 12.Ordering Procedures For Federal Supply Schedule Contracts 26 13.Federal Information Technology/Telecommunication Standards Requirements 26 14.Contractor Tasks/Special Requirements(C-FSS-370)(Nov 2001) 26 15.Contract Administration for Ordering Activities 27 16.GSA Advantage 27 17.Purchase of Open Market Items 27 18.Contract Commitments,Warranties and Representations 27 19.Overseas Activities 27 20.Blanket Purchase Agreements 28 21.Contractor Team Arrangements 28 22.Installation,Deinstallation,Reinstallation 28 23.Section 508 Compliance 28 24.Prime Contractor Ordering From Federal Supply Schedule 29 25.Insurance-Work on a Government Installation(Jan 1997)(FAR 52,228.5) 29 26.Software Interoperability 29 27.Advance Payments 29 Terms and Conditions 132-53 Wireless Service 30 Federal Supply Schedule,GS-35F- 119P C - B- 80001-B-REFRESH#22 (Issued 6/1 /2008 Page 2 of 35 27 WAIZ0011wireless INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals,the dollar value of orders ex Dected to be placed against the Federal Supply Schedules,and to report accomplishments against these goals. For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelist of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!TM on-line shopping sere ce (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!T"^ and the Federal Supply Service Home Page (www.fss.gsa.gov) contain infornation on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small busin ss goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. Geographic Scope of Contract: The geographic scope of this contract is the 48 contiguous states,the District of Columbia and Hawaii. ' 2. Contractor's Ordering Address and Payment Information: Ordering Address: Payment for Voice/Data Verizon Wireless Verizon Wireless Government Support Center P.O.Box 17464 7600 Montpelier Road Baltimore,MD 21297-1464 Laurel,MD 20723 Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro-purchase threshold. In addition,bank account information for wire transfer payments will be shown on the invoice. i i Page 3 of 35 1/ Ve iZOnwirefess 1. VERIZON WIRELESS OVERVIEW Verizon Wireless owns and operates the nation's most reliable wireless network.Headquartered in Basking Ridge,NJ,Verizon Wireless is a joint venture of Verizon Communications(NYSE:VZ)and Vodafone(NYSE and LSE:VOD). A leader in wireless voice and data services,the company: - built the nation's first wide-area wireless broadband network - delivered the nation's first wireless consumer 3G multimedia service - launched the most comprehensive mobile music service in the world - has the highest customer loyalty in the industry based on lowest-in-industry churn Facts.at-a-Glance - _ • Wireless Phone Customers—65.7 Million • Employee Population—69,000 • Annual Revenue 2006—$43,9 Billion(USD) • U.S. Market Coverage—49 of Top 50;98 of Top 100 • Company Operated Stores and Kiosks—2,400 • Digital Network Technology—Code Division Multiple Access[CDMA] • Nation's largest high-speed wireless broadband network • 170+switching centers ensure reliable and consistent call quality. • Headquarters—Basking Ridge,NJ • We utilize Code Division Multiple Access(CDMA)digital technology to provide high network reliability and consistent call quality. • Numerous backup power generators keep the Verizon Wireless network operating in times of crisis. • Broad bandAccess,Verizon Wireless'ultra-high-speed data-only network,provides users with average speeds between 400-700 Kbps,capable of bursts up to 2 Mbps. BroadbandAccess currently is available to more than 202 million people in 242 major metropolitan areas and 180 primary airports and is expanding coast to coast. • Verizon Wireless was the first U.S.wireless carrier to roll out a national high-speed wireless data network with a sizeable third-generation(3G) footprint.Our 1xRTT NationalAccess is available in thousands of cities and towns across the nation,from Hawaii to Maine. • Verizon Wireless was the first wireless carrier to offer downloadable applications directly onto phones. • TXT Messaging,Verizon Wireless'two-way short messaging service,is available nationwide. • Customer Service representatives take ownership of customer issues to deliver quick resolution. Verizon Wireless' Network Verizon Wireless provides 800 and 1900 MHz CDMA digital voice and data services, 1xRTT NationalAccess, EV-DO Broad ban dAccess, and 800 MHz Advanced Mobile Phone System(AMPS)analog service. The combination of a digital and analog network gives Verizon Wireless the ability to provide subscribers with coverage in parts of the country that some competing national carriers have yet to build out. Verizon Wireless continues to invest significantly to expand and enhance its premier network. Since 2000,Verizon Wireless has invested nearly$5 billion in our nationwide network each year. Verizon Wireless has chosen to invest in CDMA technology to meet our client needs. CDMA digital technology provides reliable and consistent call quality and connectivity.Verizon Wireless uses dual encoding systems to convert analog voice to digital signals.The digital signals are then coded into packets and sent across our spread-spectrum network. Spread spectrum is a technique that spreads the individual digital packets across numerous frequencies. The advantages of spread spectrum CDMA are efficiency and security. Because the digital packets can share the same bandwidth and time, individual cells can handle many more calls than a traditional analog network, The random assignment of packets to different frequencies prevents Page 4 of 35 29 VerrI r'lwireless eavesdropping and creates a highly secure network. CDMA service also virtually eliminates static and cross-talk.Drof ped calls are also reduced by our 'soft hand-off'capability that ensures a traveling caller is not dropped from one cell before a connection is completed to a new cell Verizon Wireless was the first U.S. wireless carrier to roll out a national high-speed wireless data network.Today our sizeable 3G footprint supports voice and data in the same spectrum. Based on 1xRTT technology, our 3G NationalAccess allows customers fast acoess to the Internet in over 1,000 cities and towns nationwide.When outside the National Enhanced Services Area, backward compatibility allows customers to access data services on our Quick 2 Netsm circuit-switched connection.Verizon Wireless continues to leverage its scale and synergies through network infrastructure expansion to accelerate the current deployment of CDMA service and 3G services,including EV-DO(BroadbandAccess). Verizon Wireless is moving toward another milestone in its wireless broadband data service. Throughout 2007,the E -DO network is being enhanced with EV-DO Rev.A to deliver even faster data speeds and greater efficiencies for Web browsing and accessing your STATE intranet and email higher system capacity required for next-generation wireless services. • Faster downloads—typical speeds of 450-800Kbps(bursts up to 3.1 Mbps).* • Faster uploads—typical speeds of 300400 Kbps(bursts up to 1.8 Mbps�.* • Lower latency — improved performance for many applications running over the wireless Broad andAccess and NationalAccess service areas. i Page 5 of 35 VenZQnwfreless 2. Service Rate Plans Activation Fees and Early Termination Fees are waived for Federal Supply Schedule Subscribers America's Choicesm for Business Plans: GSA-FSS SUBSCRIBERS ONLY _ The calling plans_detailedthly_ below reflect the mon access fee discount. No a_dditiona_l discounts apply, Discounted Monthly Access Fee $27,99 $40.99 = $52.99 _ Anytime Minutes_ 300 F 600 __1000 _— Overage Rate $0.25 per minute Nights and Weekends Minutest _ Unlimited IN Calling Minutestt i Unlimited Shared Minute Option $2.00 (monthly access per subscriber in addition to standard monthly access fee) Note: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network with no roaming.See America's Choice for the Federal Government Calling Plan Map for details.tNights and Weekends terms and conditions apply ttlN Calling minutes included with SharePlans are per line and cannot be shared among multiple Subscribers. Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Share Option: Each sharing Subscriber's unused anytime minutes will pass to other sharing Subscribers,that have exceeded their anytime minutes,during the same monthly billing period. National sharing is only available to Subscribers on the same billing account. Unused minutes will be distributed to Subscribers based on their access fee from highest to lowest. International dialing,directory assistar,;e,and features may be categorized together,billed as other charges,and not detailed on the monthly invoice. Voice and Data Bundles for Business:GSA-FSS SUBSCRIBERS ONLY The calling plans detailed below reflect the monthly access fee discount. No additional discounts apply. � it 600 000 Voice& � Data BundleData Bundle Plan Discounted Monthly $47.99 $60.99 $72.99 Access Fee _ Anyt�ime Minutes� 600 300 � 1000 __ __......___. _ .._.__m.-._.. � Overage Rate _ $0.25 per minute Domestic MB_Allow_ance Unlimited _Nights and Weekends Minutest _ _ Unlimited IN Calling Minutest? _ _ Unlimited Domestic Text Messages _ _ Unlimited Nati onalAccess Roaming, __` $0.002 per minute Global Email Unlimited MB Allowance $16.00(monthly access per subscriber in addition to standard monthly access fee) Shared Minute Option j $2.00 (monthly access per subscriber in addition to standard monthly access fee) Note: See America's Choice Calling Plan Map for coverage details. Customers selecting Bundles will see two monthly access charges on their bill (one voice, one data).*Subscriber may choose only one of the two option packages above. tNights and Weekends terms and conditions apply, ttlN Calling terms and conditions apply. **Share Plan terms and conditions apply. Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Toll and long distance charges may apply when making or receiving calls in Puerto Rico, Share Option: Sharing is available only among Government Subscribers choosing the Share Option. Sharing may require all Subscribers to be on the same billing account. Each sharing Subscriber's unused anytime minutes will pass to other sharing Subscribers, that have exceeded their anytime minutes, during the same monthly billing period.Unused minutes will be distributed to Subscribers based on their access fee from highest to lowest.(Unused minutes for cross billing system sharing will be distributed proportionally as a ratio of the minutes needed by each sharing Subscriber to the total minutes needed by all sharing Subscribers). International dialing, directory assistance, and features may be categorized together, billed as other charges, and not detailed on the monthly invoice.At the termination of the Agreement, Subscriber lines on America's Choice for Business with Non-National Share Option will be migrated onto applicable retail consumer pricing or corporate pricing.Calling plan changes may not take effect until the billing cycle following the change request.Some sharing accounts require set up that may take thirty 30 to sixty 60 days. Page 6 of 35 31 V•/IYn (wireless jSUBSCRIBERS ONLY A discount has been applied and this plan is not eligible for any further discounts. Broadband Access Only Discounted Monthly Access Fee $42.99 Optional Feature Access Fee — _ N/A Domestic MB Allowance _ Unlimited Overage Rate Per KB _ = n/a National-Access Roaming— $0.002 per Kilobyte Home Airtime/Min.Rate _ $0.25 _ Roaming Airtime/Min.Rater —_--_— _-- $0.69 Domestic Long Distance' Included BlackBerry]PDA Calling Plans: GSA-FSS SUBSCRIBERS ONLY A discount has been applied and this plan is not eligible for any further discounts. BlackBerrylPDA Calling PI Discounted Monthly Access Fee $34.99 Domestic MB Allowance I Unlimited Home Airtime/Min_Rate $0.12 - - - -- - - - ---- - ------------ ------- - - - - - IN-Calling_—__ Unlimited --- --- -------- - ---- - - - - --- - - - - --- -- - - - -- - Domestic Text Messa e�s — Unlimited -- ----- - - - - ------ --- ----------- - - ----------- - ----- --- - - - - -- - - --- - -- - Domestic Long Distances —_—_—_--_� Included _ Overage Rate Per KB_ -- - - ---- - ---- - - -- n/a - - --- - - -_ - Global Email Unlimited MB Allowance-----——} $16.00(monthly access per subscriber in addition to standard monthly access fee) National-Access Roaming C $0.002 per Kilobyte NOTE:Subject to the NationalAccess/BroadbandAccess terms and conditions;additional terms and conditions apply tD Unlimited,Megabyte(MB),PDA and BlackBerry Plans. BroadbandAccess is available only in specific markets; please see www.verizonwire ess.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details.rRoami g,toll,and long distance charges may apply when making and receiving calls outside of the NationalAccess home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Per minute roaming applies to Voice calls and Quick 2 Net. tDomestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. rffLong distance charges will apply when making or receiving calls outside the United States. A discount has been applied and this plan is not eligible for any further discounts. Monthly Access Fee $32.39 $48.59 $64.79 80.99 $121.49 Monthly Access Fee With Share Option $36.44 $52.64 $68.84 $85.04 $125.54 Home Airtime Minutes 450 900 1350 2000 4000 Overage Rate $0.25 per minute Verizon Wireless Long Distance Rate Included Push to Talk Unlimited One to One and Group Calling $8.10 additional mc nthly access fee per line Subscribers may choose one of the following two options* Option .. Unlimited IN talling&Unlimited Nights and We kends option* Nights and Weekends Minutes Unlimited IN Callin Minutes Unlimited e •• Additional Anytime Minutes&Unlimited Its_CtOtotal! on* Additional Anytime Minutes 100 200 300 1000 550 total 1100 total 1650 total 2 5000 total IN Calling Minutes Unlimited Notes: Current America's Choice Calling Plan coverage details can be found at www.vedzonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans,features and options.*Subscriber may choose only one of the two option packages offered. Page 7 of 35 Vet lWnwireless America's Choicesm for Business 11200 Share Plan A discount has been applied and this plan is not eligible for any further discounts. Standard Monthly Access Fee $28.34 Anytime Minutes 200 Overage Rate $0.25 per minute Nights and Weekends Minutest Unlimited IN Calling Minutestt Unlimited Share Option(Non-National) Included Note: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network with no roaming.See America's Choice for Business Calling Plan Map for details.tNights and Weekends terms and conditions apply "IN Calling minutes included with SharePlans are per line and cannot be shared among multiple Subscribers.Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Share Option:Each sharing Subscriber's unused anytime minutes will pass to other sharing Subscribers,that have exceeded their anytime minutes, during the same monthly billing period.Subscribers choosing the Non-National Sharing option cannot share with Subscribers choosing the National Sharing option. Non-National Sharing:Customer must maintain a minimum of five(5)Agency Subscriber lines,all choosing the Non-National Share Option,at all times to qualify,otherwise Verizon Wireless reserves the right to remove the Share Option from all Subscribers. Non-National Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or group of markets.Geographic regions may contain multiple Verizon Wireless markets.Non-National sharing is only available to Subscribers on the same billing account. Unused minutes will be distributed to Subscribers based on their access fee from highest to lowest.International dialing,directory assistance,and features may be categorized together,billed as other charges,and not detailed on the monthly invoice. At the termination of the Agreement,Subscriber lines on America's Choice for Business with Non-National Share Option will be migrated onto applicable government pricing. America's Choicesm for Business Share 00 ONLY A discount has been applied and this plan is not eligible for any further discounts. Standard Monthly Access Fee i — $36.44 — --- Anytime Minutes 200 -------- --- - —------------ --------------------------- ------ One to One Push to Talkt Unlimited — -------- ----- ----- Overage Rate i $0.25 per minute Nights and Weekends Minutest Unlimited -- ----------- --------------- -------- IN Calling Minutestt Unlimited 1� Share Option(Non-National) Included ------------------------------------------------ ------ ----------------------------------------- ------- Note:The America's Choice home airtime rate and coverage area includes the Verizon Wireless network with no roaming. See America's Choice for Business Calling Plan Map for details. tPush to Talk terms and conditions apply. ttNights and Weekends terms and conditions apply MIN Calling minutes included with SharePlans are per line and cannot be shared among multiple Subscribers. Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area.Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Share Option: Each sharing Subscriber's unused anytime minutes will pass to other sharing Subscribers, that have exceeded their anytime minutes, during the same monthly billing period. Subscribers choosing the Non-National Sharing option cannot share with Subscribers choosing the National Sharing option. Non-National Sharing: Customer must maintain a minimum of five (5)Agency Subscriber lines, all choosing the Non-National Share Option,at all times to qualify,otherwise Verizon Wireless reserves the right to remove the Share Option from all Subscribers. Non-National Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or group of markets. Geographic regions may contain multiple Verizon Wireless markets. Non-National sharing is only available to Subscribers on the same billing account. Unused minutes will be distributed to Subscribers based on their access fee from highest to lowest. International dialing,directory assistance,and features may be categorized together,billed as other charges,and not detailed on the monthly invoice. At the termination of the Agreement,Subscriber lines on America's Choice for Business with Non-National Share Option will be migrated onto appliq.a ovemment ricin�. Page 8 of 35 3: MIZW!wireless Voice . Data Choice Bundles for Business A discount has been applied and this plan is not eligible for any further discounts. i . . : Monthly Access Fee $64.39 $88.79 $137.49 Monthly Access Fee With Share Option $68.44 $92.84 $141.54 Home Airtime Minutes 450 1350 4000 Overage Rate $0.25 per minute Verizon Wireless Long Distance Included UNLIMITED VZEmail Allowance NationalAccess Roaming $0.002 per KB Subscribers may choose one of the following two options •• •• + =='`Unlimited IN Calling&Unlimited Ni hts and W ekends o tion* Nights and Weekends Minutes Unlimited IN Callin Minutes Unlimited •• • •• • 7, ,Additional An' ime Minutes&Unlimited IN allin ,o tion* Additional Anytime Minutes 100 300 1000 550 total 1650 total 5000 total IN-Calling Minutes I Unlimited Notes: Current America's Choice Calling Plan coverage details can be found at www.vedzonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans,features and options. Voice and Data Choice Bundles for Bu 'Hess combine an America's Choice for Business calling plan with an Unlimited VZEmail Feature. Customers selecting Voice and Data Choice Bundl for Business will see two monthly access char es on their bill one voice,one data). 'Subscriber may choose only one of the two option Packages off red. WIRELESS PRIORITY WPS Access Feature Initiation Fee $0.00 WPS Access Monthly Access Charge $0.00 WPS Access Per Minute Charge $0.75 Wireless Priority Service Access(WPS Access) is subject to the terms and conditions of your customer agreem nt and calling plan. A WPS Access function on a limited portion of the Verizon Wireless owned and operated 800/1900 MHz CDMA network,and is, ailable only to individuals authorized by the Office of the Manager National Communications System(NCS).WPS Access provides end users with the a ility to be placed into a queue for the next available wireless voice channel ahead of end users not subscribing to WPS Access.Verizon Wireless m es no assurances regarding waiting times associated with WPS, nor can Verizon Wireless ensure that WPS Access calls will be connected. The WPS Access charges, including the $0.75/minute charge,are all in addition to the charges associated with your Verizon Wireless calling plan.Contac your Verizon Wireless representative for complete details on WPS Access. Verizon Wireless Field Force Manager A discount has been applied and this plan is not eligible for any further discou t,ts. Optional Feature Access Fee-Basic* $23.99 Der user Option I Feature Access Fee—Premium* $39.99 per user NOTE: Field Force Manager is only available within the National Enhanced Services Rate and Coverage Are . May be subject to a twenty-four hour activation delay. The billing period begins 2 days after ordering this service. Field Force Manager Requires s ifled Get It Now capable GPS enabled Equipment, downloadable Get It Now application, valid e-mail address and internet access for activation and use. Field Force Manager is currently available on the Motorola v325 and G'zOne Type V only.'Optional Features may be added onto an eligible Iling plan with a monthly access fee of $34.99 or higher, Field Force Manager:By purchasing the Field Force Manager feature Customer consent to the tracking of Field Force Manager Equipment and must obtain authorized consent to tracking from all users and affected persons. No guarante of accuracy of information transmitted, disclosed,displayed or otherwise conveyed or used.Service could be interrupted or disrupted due to atmosphe conditions,inaccurate ephemeris data and other factors associated with use of satellites and satellite data. Airtime for Field Force Manager service is 1 cluded in the Monthly Fee and its use is subject to the Unlimited VZAccess terms and conditions. Page 9 of 35 VellZ ►t)wireless Verizon Wireless Fleet Administrator- A discount has already been applied as indicated herein and is not eligible for any further discount. Monthly Access Fee $38.99 MB Allowance 2 MB Overage Rate Per KB $0.015 Note: Subject to the NationalAccess/BroadbandAccess terms and conditions. NationalAccess is available in the National Enhanced Services rate and coverage area;see map for details. TXT message terms and conditions apply. NationalAccess: A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device,or seem inactive when actually cached and not transferring data. Customer is responsible for all data sent and received including"overhead" (data that is in addition to user-transmitted data, including control, operational and routing instructions, error-checking characters as well as retransmissions of user-data messages that are received in error)whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving service that result from Customer's Equipment. Megabyte NationalAccess data sessions need to be reinitiated after 24 hours. NationalAccess data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. Fleet Administrator: Billing period begins 2 days after ordering service. Requires Fleet Administrator approved Equipment installed by Verizon Wireless or its agent. Customer must provide additional information to facilitate installation via the Verizon Wireless Fleet Administrator webpage. Customer must provide access to vehicles for purpose of installation/deinstallation of devices. After hours installation may be subject to an additional fee. Customer consents to the tracking of vehicles and must obtain any necessary consent to tracking from vehicle drivers and passengers. Customer agrees not to tamper with or remove or replace the devices after installation. No guarantee of accuracy of location information. Internet access required, Customer must install Fleet Administrator desktop software. Government Secure Service Calling Plans "Asynchronous Data"for secure calling is a required feature.It provides circuit-switched voice and data coverage over the Verizon Wireless's CDMA Network.This feature is $5.00 monthly access fee available on QSect-800 and QSect-2700 phones. QSec®-800 Available Area:Service is available in CDMA 800 MHz Digital Service Areas only, Security Features are only available in Verizon Wireless'CDMA 800 MHz Digital Service Area. Nationwide activation with local phone numbers. QSec&2700 Available Area:Service is available in CDMA 800 MHz and 1900 MHz Digital Service Areas only. Security Features are only available in Verizon Wireless'CDMA 800 MHz and 1900 MHz NationalAccess Service Area. Nationwide activation with local phone numbers. Notes: Use of the service is subject to the terms and conditions of the Service Agreement. Verizon Wireless may make changes to the Service Agreement and or the Calling Plan,including,without limitation,changes to content,rates,business practices and policies at any time in accordance with the terms and conditions in the agreement. NSA approved and Verizon Wireless certified Type I secure wireless device required. Activation of government secure devices is available only to authorized users. SIP server provisioning may be required.Networks not available in all areas.Coverage, service and offers not available in all areas. Government Secure Service Terms and Conditions: Activation of Government Secure Service for QSec®-800 and QSec®-2700 devices is available only with the activation of the "Asynchronous Data"feature. Networks not available in all areas. Rates based on use of phone as programmed with Verizon Wireless'current Preferred Roaming List(PRL). The International Dialing feature and procedures apply for calls to Puerto Rico and the U.S. Virgin Islands. Rates do not apply to credit card or operator assistance calls. Airtime rates and other charges may apply to features. Monthly allowance minutes do not apply while roaming outside of the home airtime area, Automatic roaming may not be available in all areas and rates may vary for calls placed while roaming. Verizon Wireless long distance required. Long distance and roaming rates for international calls, where available, may vary. Calls placed while traveling outside the Verizon Wireless network may take longer to be billed. Airtime rounded up to next full minute, so actual allowance may vary. Airtime allowance minutes are not transferable. Unused airtime minutes are lost. Airtime is charged to toll-free numbers. Calls to "911" and certain other emergency services are toll and airtime free, Charges for calls that connect begin when you press the"SEND" or"CONNECT" button,or upon connection to system. On incoming calls,charges may begin prior to the phone ringing and before you press"SEND"to receive the call. Charges end when the call or data session disconnect from system, which may be a few seconds after you press"END"or"DISCONNECT"button. When you place calls that ring for 60 seconds or more,you may be billed at normal airtime rates even when such calls are busy or unanswered. Calls to certain faxidata modems incur charges,though it may sound as if call was unanswered. Page 10 of 35 35 M17 nwireless Push to Talk Unlimited Calling Plans A discount has been a plied and this Ian is not eligible for any further discounts. Monthly Access Fee $32.39 Unlimited One to One and Group Calling) Regular Cellular Voice Allowance t N/A Notes: Current Push to Talk coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans,features and options. tRegular incoming cellular voice calls are restricted and regulaf outgoing cellular voice calls are limited to calls to 611 and 911which may be placed an here in the America's Choice Rate and Covera a Area. Amerida's Choicesm For Business Flat Rate Calling Plan - Not eligible for monthly access fee discounts. Standard Monthly Access Fee $11.99 Home Airtime Minutes 0 Per Minute Rate $0.25 Verizon Wireless Long Distance Ratet Included Notes: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See America's Choice Calling Plan Map for details. tDomestic long distance is included when placing calls in the Amen 's Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Toll and ong distance charges may apply when making or receiving calls in Puerto Rico, ttRoaming and toll charges may apply when making and receivir g calls in CDMA countries, see International Roaming terms and conditions. VZEmail Calling Plans(PDA/Smartphone and BlackBerry Solution) A discount has been applied and this plan is not eligible for any further discounts. PDA/Smart hone/BlackBerry Solution GlobalEmail* Monthly Access Fee $29.99 $40.49 $56.69 Optional Feature Access Feett $24.99 $35.99 $51.99 MB Allowance 10 MB Unlimited Unlimited** Overage Rate Per KB $0.005 n/a n/a Wireless Sync or BlackBerry Solution Included National-Access Roaming International $0.002 per kilobyte Canada $0.030 per kilobyte(beyond tier 1 countries Home Airtime Ratettt $0.25 per minute Domestic Long Distance# Included Notes: Current NationalAccess, BroadbandAccess, and VZGlobal coverage details can be found at www.vedzonWi,.-less.com. See attached Calling Plan and Feature Details for important information about calling plans,features and options. ttOptional Features may be added onto an eligible calling plan with a monthly access fee of$34.99 or higher.PDA/Smartphone Subscribers may also choose a$0.00 access fee feature with OMB and$0.15 per KB overage(Wireless Sync not included,but can be added for$5.00 monthly fee).For optional features,the underlying calling plan determines the rates for voice airtime,and domestic long distance.tttHome Airtime Rate applies to voice calls, IS-95 and other non-Nationa Access data usage in the United States. *GlobalEmail PDA/Smartphone Subscribers may also choose a Pay Per Use GlobalEmail feature with no m nthly access fee$0.002 per KB/ Canada, $0.020 per KB/Western Europe, $0.030 per KB/rest of the world. *'GlobalEmail Unlimited Data in the U. Canada, and Tier 1 Countries Western Euro e. Please visit www.VerizonWireless.com for count tiers and listin s. VZAccess Calling Plans(Nation alAccess/Broad ban clAccess and GlobalAccess) A discount has been applied and this plan is not eligible for any further discounts. NationalAccess I BroadbandAccess GlobalAccess* Monthly Access Fee $48.59 $105.29 MB Allowance Unlimited Unlimited U.S.and Canada NationalAccess Roaming(International) $0.002 per Kilobyte" $0.030 per kilobyte be and tier 1 countries Home Airtime Ratet $0.25 per minute Domestic Long Distance Included Notes:Current NationalAccess,BroadbandAccess and GlobalAccess coverage details can be found at www.vedzonw reless.com.See attached Calling Plan and Feature Details for important information about calling plans,features and options. THome Airtime Rate appl es to voice calls, IS-95 and other non-NationalAccess data usage in the United States.*GlobalAccess unlimited MB allowance applies to BroadbandA ss and NationalAccess usage within the United States and Canada as well as an allowance of 100MB ($0.005/KB overage rate) in Tier 1 Cou tries, and an allowance of OMB ($0.030/KB) in Tier 2 Countries. "Subscribers to NationalAccess and BroadbandAccess Unlimited plans using lobal PC Cards may also add GlobalAccess Pay-Per-Use at$0.002/KB in Canada,$0.020/KB in Tier 1 Countries,and$0.030/KB in Tier 2 Countries. Page 111 of 35 VetIZO ifwrreless BroadbanclAccess Connect Feature Plans Eligible for monthly access fee discounts. Discount has already been applied as indicated herein and is not eli ible for any further discount. Optional Feature Access Fee MB Allowance National Access Roaming For Unlimited VZEmail Optional Feature Subscribers $10.00 (with a voice&unlimited data plan) For Unlimited VZEmail Calling Plan Subscribers $24.00 Unlimited $0.002 per Kilobyte (with an unlimited data plan) Notes: BroadbandAccess Connect is currently available on select voice and data devices,including the BlackBerry 7130,BlackBerry 7250,BlackBerry 8703, LG 9800, LG 8100, and provides Broad BandAccess/NationalAccess service utilizing the device as a modem, A mobile office kit, VZAccess Manager Software,a cable for tethering,and/or a software update may be required. Bluetooth is not supported with BroadbandAccess Connect, The LG 8100/LG 9800 are not capable of roaming with tethered access on the National Enhanced Extended Service Area, Other data roaming rates apply to IS-95 and other non-NationalAccess data usage in the United States, as determined by the underlying calling plan, or$0.25 per minute. Optional Features may be added onto an eligible calling plan with a monthly access fee of$34.99 or higher. NationalAccess Telemetry Plan On-Net Rate Per Off-Net Rate Per On-Net Long Monthly NationalAccess NationalAccess Overage Minute Distance Rate Per Access Fee MB Allowance* Rate per kilobyte Minute' [(Peak/Off Peak)Off- Minute (PeaklOff-Peak) Net LD Included] (PeaklOff-Peak) $0.45 Peak/$0,20 Off- $0.69 domestic $7.50 2 MBs $0.005 Peak roaming($0.99 $0.20 international roaming) Notes: 'On-Net rates apply when off Verizon Wireless' NationalAccess, but still on Verizon Wireless'digital and/or analog network, subject to device capabilities. 'Megabyte allowance and overage rate per kilobyte apply on Verizon Wireless' NationalAccess only, subject to device capabilities. For current NationalAccess service area,visit the web at www,verizonvVireless.com/b2c/mobileoptions/n ation al access/Ind ex.'sp.tRoaming and toll charges may apply when making and receiving calls off the home airtime rate area and in Canada; long distance charges will apply when making or receiving calls outside the United States. Customer must maintain a minimum of five (5) active properly enrolled and coded, active and billable Government Subscriber Units in order to qualify for Telemetry Pricing and/or Monthly Access Fee Discounts. Megabyte allowance and charges for kilobytes over the monthly allowance apply to NationalAccess data usage; all other usage charged in accordance with the calling plan selected. NationalAccess data usage is rounded to the next full kilobyte at the end of each bill cycle. Only total of kilobytes transmitted each billing cycle will appear on the bill. NationalAccess data sessions will need to be reinitiated after 24 hours (Actual timeout will be set to 23:55 hours); Customer is responsible for all charges, including all data sent and received and"overhead"whether or not your company or its recipients actually receive data. Overhead is all data that is in addition to user-transmitted data,such as control,operational and routing instructions,error checking characters as well as retransmissions of user-data messages that are received in error. Any unused portion of the megabyte allowance is lost. Definitions Bit—A bit is short for Binary Digit,the smallest unit of information on a machine. A single bit can hold only one of two values: 0 or 1 Byte—A byte is a unit of measure equal 8 bits. Kilobyte—A kilobyte is a unit of measure equal to 1,024 bytes. Megabytes—A megabyte is a unit of measure a ual to 1,048,576 bytes or 1,024 kilob tes. OptionDigital Minutes of Use Telemetry Plan- Telemetry Units2 Monthly On-Net Peak/Off On-Net Rate Per Minute' Off-Net Rate Per Minute On-Net Long Distance Access Fee Peak Per Allowance (Peak/Off-Peak) [(Peak/Off Peak)Off-Net Rate Per Minute LD Included] (Peak/Off-Peak 10,000+ $7.00 45 Minutes $0.45 Peakl$0.20 Off-Peak $0.69 $0.20 Page 12 of 35 37 vemm "wireless Digital Minutes of Use Telemetry Plan-Option Telemetry Units2 Monthly On-Net Off Peak On-Net Rate Per Minute' Off-Net Rate PerMi ute On-Net Long Distance Access Fee Allowance (Peak/Off--Peak) [(Peak/Off Peak)0 Net Rate per Minute LD Included Peak/Off-Peak 10,000+ $7.00 60 Minutes $0.45 Peak/$0.20 Off-Peak $0.69 $0.20 Note: 'On-Net rates apply when on Verizon Wireless' digital and analog network only, subject to device capabilitie . Roaming and toll charges may apply when making and receiving calls. 2The fixed monthly access fees for Digital Minutes of Use Plans are based n the total number of Customer's Telemetry Units but are not subject to further access fee discounts based on Customer's Telemetry Attainment Tier. ailable to Corporate Subscribers only. Customer must maintain a minimum of 5 Telemetry Units under this Agreement. Should Customer fall below Units,Verizon Wireless reserves the right to bill Customer$10,00 per month for each Unit Customer falls below the 5 Unit minimum, Verizon Wireless ailing Plan and Features Details aggly. PUBLIC SAFETY UNLIMITED aNALACCESS CALLING PLAN:FEDERAL SUPPLY SCHEDULE The Public Safety Unlimited NationalAccess Calling Plan is not eligible for any monthly access fe discounts. Standard Monthly Fee $45.00 NationalAccess Allowance Unlimited Home Airtime Per Minute Rate[for data usage off the NationalAccess and(e.g.,Quick 2 $0.25 Nets"')and voice usage] Roaming Airtime Per Minute Ratet[for data usage off the NationalAccess(e.g.,Quick 2 $0.69 Nets"")and voice usage] Verizon Wireless Domestic Long Distance Rate Included Note: The home airtime rate area for the Unlimited NationalAccess Calling Plan includes the Verizon Wireless nemtand select preferred roaming carriers,please see the America's Choice Calling Plan Map for details. Verizon Wireless reserves the right to chang Subscribers device software over the air without notice. tRoaming,toll,and long distance charges may apply when making and receiving calls from off the America's Chace home airtime rate area and Canada. You will see 777-000-0001 in dialed digits column of bill for NationalAccess data sessions only. For current NationalAccess service area,please visit the web at www.vedzonwireless.com/b2c/mobileopdons/nation laccess. NationalAccess Megabyte Calling Plans and NationalAccess Calling Plans may not be combined with the Unlimited NationalAccess nd BroadbandAccess Optional Feature. NationalAccess data sessions automatically terminate after two(2)hours of inactivity,unless Subscriber h s a Mobile IP(MIP)capable device,then NationalAccess data sessions will need to be reinitiated after 24 hours(Actual timeout will be set to 23: 5 hours). Please see Calling Plan Features for included and additional features;Verizon Wireless Calling Plan Terms and Conditions apply. The Public Safety NationalAccess plan may only be used with wireless devices for public safety applications. Exa pies of such public safety applications are NLETS,TBIS,CAD,NCIC,short messaging and RMS as well as other transmission services such s in-house GPS,bar code reading,sending of still digital pictures,and wireless dispatch. The Public Safety NationalAccess plan may not a used for Internet access„ Including web searches and heavy downloads. The Public Safety NationalAccess plan cannot be used as the b khaul for server devices or host computer applications. Examples of such prohibited uses include,without limitation,web camera posts or broadcas ,streaming video,continuous jpeg file transfers,automatic data feeds,telemetry applications,automated functions,any other machine-to-machin applications.Data sessions on the Unlimited NationalAccess calling plan cannot be used as substitute for private lines or frame relay connections. IP capable device,restricted Static IP address(es)and direct connection to the 1xRTT network are required. We reserve right to deny or termin to service,without notice,to anyone who uses the Public Safety NationalAccess plan in any manner prohibited or whose usage adversely impa s our network or service levels. You are responsible for maintaining virus protection when accessing the service.We also reserve right to terminate service upon expiration of the subscriber line Agreement.Your monthly bill will only reflect total kilobytes transmitted within the NationalAccess ra and coverage area. Page 13 of 35 �r N vt'nzonwireless America's Choices"^Calling Plans: Federal Supply Schedule Price A discount has been applied and this plan is not eligible for any further discounts. Standard Monthly Access Fee - $28,34 $32.39 $40.49 $48.59 $64.79 $80.99 $121.49 $161,99 $242.99 Home Airtime Minutes 300 400 500 800 1200 2000 3000 4000 6000 Per Minute Rate over allowance $0.45 $0.45 $0.40 $0.40 $0.35 $0.25 $0.25 $0.20 $0.20 Verizon Wireless Long Distance Ratet Included for Domestic calls made within the 50 States Domestic and Canadian Roaming $0.69 per minute(includes Domestic long distance charges) Airtime Rate America's ChoicesM with Push to Talk Calling Plans:Federal Supply Schedule Price Standard Monthly Access Fee with Push to Talk* $48.59 $56.69 $64.79 $80.99 ( $97.19 $137.69 1 $178.19 $259.19 Home Airtime Minutes 400 500 # 800 i 1200 2000 _ 3000 ! 4000 6000 Per Minute Rate over allowance $0.45 $0.40 $� 0 40-; $0.35 $0.25 j $0,25 �u $0.20 T $0.20 Verizon Wireless Long Distance Ratet Included Roaming Airtime Ratett _ $0.69 per minute Note: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See America's Choice Calling Plan Map for details.*Monthly access fee includes unlimited one to one Push to Talk calling.Group calls are$0.15 per minute per individual user called. tDomestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. ttRoaming and toll charges may apply when making and receiving calls from off the America's Choice home airtime rate and coverage area and in COMA countries,see International Roaming terms and conditions. America's ChoicesM Business SharePlan with Push to Talk: Federal Supply Schedule Price Standard Monthly Access Fee with Push to Talk* $52.64 $68.84 $85.04 $101.24 $141.74 Shared Home Airtime Minutes 400 800 1200 2000 3000 IN Calling minutest 1000 Per Minute Rate over allowance $0.25 per minute Unlimited Nights and Weekendstt Included Verizon Wireless Long Distance Rate Included Roaming Airtime Rate $0.69 per minute Note: The America's Choice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See America's Choice Calling Plan Map for details*Monthly access fee includes unlimited one to one Push to Talk calling. Group calls are$0.15 per minute per individual user called,tDomestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico, tlN Calling minutes included with SharePlans are per line and cannot be shared among multiple Subscribers,VNights and Weekends terms and conditions apply,tttRoaming and toll charges may apply when making and receiving calls from off the America's Choice home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Domestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. SharePlan: Subscribers to the America's Choice Business SharePlan can share minutes among other Subscribers to America's Choice Business SharePlan on the same account.Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or within groups of Verizon Wireless markets, as determined by VZW. Note that geographic regions may contain multiple Verizon Wireless markets. Shared home airtime minutes not used by an applicable Subscriber in a given monthly billing period will pass to other applicable Subscribers within the shared account group that have exceeded their shared home airtime minutes during that same monthly billing period. Only lines activated on an America's Choice Business SharePlan are eligible for Sharing;however,the individual lines need not all be activated at the same monthly access fee. International dialing,Directory Assistance,and features will be categorized together,billed as other charges,and not detailed on the monthly invoice. At the termination or expiration of the Agreement, Subscriber lines on America's Choice Business SharePlan will be migrated onto applicable retail consumer pricing or government pricing. Page 14 of 35 rI@1 Y�-l7flwireless National Sin IeRatesM Calling Plans: Federal Supply Schedule Price 9 9 Pp Y A discount has been applied and this plan is not eligible for any further discounts. Standard Monthly Access Fee $28.35 $44.55 $60.75 $81.00 $121. 0 $162.00 $243.00 Home Airtime Minutes 150 400 600 900 150 2000 3000 Per Minute Rate(over allowance) $0.40 $0.35 $0.35 $0.25 $0.2 $0.20 $0.20 Roaming Airtime Ratet Included throughout the 50 States($0.69 per min a in Canada) Verizon Wireless Long Distance Ratett Included(for Domestic calls made within the 10 States) Note:National SingleRate home airtime rate and coverage area includes the 50 states.tRoaming,toll,and long distan a charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditi ns.ttDomestic long distance is included when placing calls in the America's Choice home airtime rate and coverage area. Long distance charges will pply when making or receiving calls outside the United States. SingleRatesm Canada: For an additional monthly fee of$10.00 per line, Subscribers to National SingleRate plans ay purchase SingleRateCanada service that includes certain parts of Canada as part of the home airtime rate and coverage area. SingleRate Cana a charges may be aggregated as art of the monthly access fee or listed as a separate charge,depending on the area in which the line is activated. Calling Features Calling Plan Features are not eligible for any additional discounts Included Features Call Waiting*, Call Forwarding, Three Way Calling*, No Answer/Busy Transfer, Caller ID**, Basic Voice Mail with Message Waiting Indicator***,Basic Mobile Messengertt,and 411 Connectsmt(Airtime and other (no additional monthly fee) charges may apply.) The following features may be added to calling plans as identified below. Unless indicated fees are per month in addition to the calling Ian mo hly access fee and no fu er discounts apply. $2.99(100 TXT $4.99(250 TXT $7.99(600 TXT 1 $9. (1000 TXT $10.00 TXT Messaging& ms s included ms s included ms s included m included (Unlimited msgs. Enhanced TXT Messaging3 g ' ) g ' ) g ' ) ) Included $0.02 per additional inbound message 1$0.10 per additional ou ound mess ge per address Enhanced TXT Downloads3 $0.99 per Monophonic TXT Download $1.99 per P honic or Graphic TXT Download Get Pix-Picture Messaging4 $2.99 20 picture messages included $4.99picture messages included $0.25 per additional message $4.99 Note: Mobile Web by VZW with MSN may not be available inj all Verizon Wireless Areas. tMobile Web by VZW with MSN is$4.99 per month with no indude text messages per month. Inbound text messages over the included number of messages per m nth are charged at$0.02 per message. Outbound messages over the included number of messa es per month are charged at Mobile Web by VZW with MSN5 $0.10 per message. Most digital phones are capable of receiving text messages;however,sending messages requires a two-way SMS capable wireless phone. Message Ilowances may not be shared; unused messages are lost. Microsoft,Hotmail and the MSN logo are ither registered trademarks or trademarks of Microsoft Corporation in the U.S.and/or ther countries. $6.95 100 Included Messa es 1$8.95 200 Included Messa es/$ 2.95 600 Included Messages) GSM International Roaming6 Zone 1 Countries $0.691 minute Global Phone Zone 2 Countries $1.99/minute Verizon Wireless International Long Distance Value Plan $3.99 plus applicable airtimel and long distance charges 'Only available on plans with$39.99 or higher Access Fee,IN Calling terms and conditions apply. Calling plans w' IN Caning minutes included,do not qualify for additional IN Calling minutes in this table. NNights and Weekends terms and conditions apply. Call ng plans with Nights and Weekend minutes included,do not qualify for additional Nights and Weekend minutes in this table. 3TXT Messaging terms nd conditions apply.4Get Pix terns and conditions apply. 5Mobile Web terms and conditions apply. GGIobal Phone terms and conditions apply and requires the Global Phone handset. Please contact your Verizon Wireless representative for the most current offer. 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Page 16 of 35 41 vef ,wrwireiess EnhancedNational Services Rate and Coverage Area NATIONAL ENHANCED SERVICES RATE AND COVERAGE AREA/BROADBANDACCESS RATE AND COVERAGE AREA WITH FUTURE ®geaY,Amra �`�"'edfanaCo�vtamag kma REV.A COVERAGE. Art ®Cown a Area rsced Sesllces rook e NatrorolEehload Smvixa RaeasdCumaeje Area ®MetimalAaars) UT ZI@ a � t t r Alf . CA a M rlam _ a C�M Pit# qa�t� iE;ad 0 5arua c �r{,.va* a Ike 1+¢1 Q2 Sw rrse-cws a.Pd Y r. San 3LN OK r twfse4o _ 11 4 AK bm�ua.� __ n aa.a. �` I aa.+.ilJ •;-w>dt � or�arr 0�6ttrb aando w u rrnan � i..,� rt �a•.a..*� • a, I � i rrap4e�.em Service may not be available for certain devices throughout the Extended National Enhanced Services to and Coverage Areas. For a list of affected devices and their coverage area,see www.ver¢onwireless.com/dataCOverage. Important Map Informatlom Thom maps we rat ogrr om ofearomgo adrnaieonminaraszwth nosoeaca.4rsernapt rd4ecta depazen dpresiz-d and appe Irnate arm she" ragaremsmsxamilabh,and naylndrdek�u�ns&IhltNtsduwmwsage.Fienwtdunams�e+rW the►ax mmtyfa�tlrcldrg oaarrels etupmem,tamgpnutNtytQ 6mHngr,feln3GardremF�,thm tspsnsesdc_MaldymldeY�e odl,d op.mewbeAlra;nswaatt ob%ten dow ftellno mlbbM7etdended National Ealarced Servte Pao andCc"o Arta hduderAvrtda wool ftromemonne thrmveagedeptesdnkasdtnthdr m6matun and pubk:sdaa arYd we amd crave t s axuory 2 'The pawned yebwareas d@reabaremap d.Va markenwtmrtEordamdAmos Felt A lsplannedtohenmdeamlahk b/Mads 31,20alr,andere su*aodurgesAdWno6x Not mdyetbwaremamrctgusmnteesd a Kama caemge In the dtptmd merkN byani Vt%:(icdsre New.mkdmis,mna�kmlmbnlardna�amaw166Matwmovsrmravlmkamn.oi+D2k nNlreluAIPogMPsswrlYensnWselesstaregsmmivaleavrkrd'hnmsl MeromUr—Altahsruadsma&arete prapestynftketrspaYge avnaz Page 17 of 35 In Calling/America's Choice Home Airtime Rate and Coverage Area Lam ab.ap..n. 13 13 ®Mrva.:�•r Ft Portla'a Jwr EL Ili li H2I�d E�� =� � , 9' s g Eu �9olaf� . age I P�� usra —r;; MOt III Concord 1 Iha Boston 5 s Buffal I L.e h Proddencr: Sacra _ f`9 New York CH), Sa Salt La Philadelphia n11S E Franolaeo alrc Las ur I yfolK Richmond e Mlle G I Norrfolk SentaBsrhar Laa Angele MI la u iqua Me Seaclr ,"eon QI290 „@I „�� '. "'� u harleston evannah aN A sckearnll Is % Q Y kncho?age uneau Honolul5 p, �j also r ane Tamp' lando Klhel Palm 23ach Of o, � Latedd Ssn,Juan laml BrlrtiYne►II Is Page 18 of 35 4� verlWnwrreless National SingleRate Home Airtime Rate and Coverage Area f3a0$ VT Monlpe ter ugusla A1bi# UA �gfProvidence Savim I�aw Fork Cily Philadelphia SeI FrenciSOD Richmond Los Angeles lefgh Sari t�la�o _ f'�tP[ptEe amble ---- — � a riOb AM n nvine IS otuEu t de do �ttirrtp� W.Palm Reach Anchorage � r1eredo Mi mi Br®�s�ril e Naliorkal SingfivAate Home Airtime Rate and Coverage Area Page 19 of 35 �- o1wr'reless Calling Plans and Associated Charges: Some calling plans or monthly 1411 Connect, directory assistance with automatic call completion is access price points may not be available in all markets. Subscriber's first subject to a per call fee plus airtime charges. Directory assistance rates partial and full month's access is payable in advance and will not be refunded are subject to change. after activation of the Wireless Service. Activation fees are waived for all 5TXT Messaging offered at the prevailing rate, currently $0.02 per Government Subscribers. Charges for calls will be based on the cell sites inbound and $0.10 per outbound message per address. TXT message used, which may be outside the calling plan coverage area even when the charges are subject to change. Subscriber is physically within the coverage area.Time of the call is based on Weature not included on NationalAccess and BroadbandAccess the telephone switching office that carries the call,which may be different from Unlimited or Megabyte(MB)calling plans at no charge,but are available the time of day shown on Subscriber's phone. Rates do not apply to credit at the prevailing Verizon Wireless rates. card or operator-assisted calls,which may be required in certain areas.Usage Push to Talk: Push to Talk capable Equipment required. Push to Talk rounded up to the next full minute.Unused minutes and/or Megabytes are lost, capable Equipment can only be used with a Push to Talk calling plan. On outgoing calls, charges start when Subscriber first presses SEND or the Subscribers switching from a Push to Talk Calling Plan to another ill not be able to use Push to Talk capable Equipment call connects to a network,and on incoming calls,when the call connects to a calling plan w network(which may be before it rings). A call may end several seconds after with the new plan. Push to Talk calls may only be made with other Subscriber presses END or the call otherwise disconnects.Calls made on the Verizon Wireless Push to Talk subscribers. Push to Talk Subscribers Verizon Wireless network, are only billed if they connect(which includes calls may initiate or participate on a call,simultaneously,with as many as 20 answered by machines). Billing for airtime and related charges may total participants (19 members per group plus the originator). Push to sometimes be delayed. Calls to"911" and certain other emergency services Talk groups must be established via the Push to Talk website prior to are toll-free and airtime-free, however, airtime may be charged when dialing initiating a group call.Subscribers may establish as many as 50 group toll-free numbers. All features may not be available in all Verizon Wireless lists of up to 20 participants (19 members per group plus the markets. originator). Existing Push to Talk Subscriber Equipment may require a software upgrade. Push to Talk is only available within the National Home Airtime and Roaming: Home airtime minutes apply when making or Enhanced Services Rate and Coverage Area. There will be a delay receiving calls from a calling plan's home rate and coverage area. Coverage from the time a Push to Talk call is initiated until the Push to Talk call is information is available at www.verizonwireless.com.Airtime is rounded up to first received by the called party. A Push to Talk call will automatically the next full minute.Allowance minutes/Megabytes are not transferable except time out after twenty(20)seconds of inactivity.While on a Push to Talk as may be available on calling plans with sharing. Subscribers must call,incoming voice calls will go directly to voice mail.When on a voice periodically dial *228 to update roaming information. Automatic roaming may call, a Push to Talk call cannot be received. Network registration not be available in all areas and rates may vary. Roaming charges may be information will be sent to the Equipment each time it is powered on in delayed to a later bill. the National Enhanced Services Rate and Coverage Area, each time Long Distance: Unlimited domestic long distance is included when calling the Subscriber travels into the National Enhanced Services Rate and from the calling plan's home rate and coverage area, unless otherwise Coverage Area, and every 12 hours if the Subscriber stays within the specified in the calling plan. National Enhanced Services Rate and Coverage Area. While the Customer's Cell Phone Number and Caller ID. Verizon Wireless will assign updated network registration information is being sent to the one Mobile Telephone Number("MTN")to each Subscriber line. Other than as p (' ) Equipment, incoming voice calls will go directly to voice mail. Contact required to port an MTN,Customer does not have any property right in the MTN list cannot be modified from certain Equipment. Subscriber cannot and Verizon Wireless may change, reassign, or eliminate an MTN upon prevent others who have the Subscriber's MTN from entering the MTN reasonable notice to Customer under certain circumstances, including fraud into their Push to Talk contact list.Only one person can speak at a time prevention, area code changes and regulatory or statutory law enforcement during a Push to Talk call. Push to Talk services cannot be used for(i) re uirements. access to the Internet, intranets or other data networks,except as the ' device's native applications & capabilities permit, (ii) any applications Call Waiting'�s Three Way Calling's that tether Equipment to laptops, personal computers or other devices Call Forwardings No Answer/Busy Transfers for any purpose. Please visit our website www.verizonwireless.com for additional Push to Talk information. Caller IDZ,s Basic Voice Ma113,6 IN Calling: IN Calling minutes apply when making calls directly to or 411 Connect s""a,s Basic TXT Messaging5 receiving calls directly from another Verizon Wireless Subscriber while in the America's Choice Home Rate and Coverage area. IN Calling 'Airtime charges apply to all calls simultaneously. does not apply to fixed wireless devices with usage substantially from a WWhen making a call,Subscriber's MTN may be displayed to the receiving party single cell site, for Push to Talk calls, if Call Forwarding or No with Caller ID capable Equipment.Caller ID service may not be available outside Answer/Busy Transfer features are activated, or to data usage. IN home airtime rate and coverage areas,and may not be compatible with certain Calling is not available to Subscribers whose current wireless enhanced features.Caller ID can be blocked for most calls by dialing*67 before exchanges restrict the delivery of Caller ID, IN Calling minutes will be each call, or by ordering per-line call blocking where available. Calls to some applied before home airtime minutes.* numbers,such as toll-free numbers,cannot be blocked. Nigrate t and andcoverage adrea only es to calls made in a duringthe following hourlsn9:01pm Fr day g plan's home 3Airtime charges apply to message retrieval. g y Page 20 of 35 • 45 Vel IfZOnwireless through 5:59am Monday and 9:01pm to 5:59am Monday through Friday.* Web 2.0 terms and conditions apply and can be found at *NOTE: If both Night and Weekend and IN Calling minute allowances apply to www.vedzonwireless.com a given call, IN Calling minutes will apply before Night and Weekend minutes. Mobile Web: Airtime charges apply when using Mobile Web. Mobile However, if either allowance is unlimited, the unlimited allowance will always Web Alerts are sent as TXT Messages and are subject to TXT apply first. Messaging pricing, terms and coiditions. Complete terms and TXT Messaging:TXT Messaging includes Short Message Service(SMS up to conditions for Mobile Web may be fou id at www.vedzonwireless.com 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced TXT Messages sent to most SMS handsets will be International Long Distance: Internultional Long Distance is available delivered as multiple TXT messages of up to 160 characters each. but may be subject to a 90-day paym nt history with Verizon Wireless. Subscribers have the option to have text messages disabled entirely without International long distance rates will ary and do not apply to calls to affecting voicemail or other related services. TXT Messaging plans do not Canada, Puerto Rico, the U.S. rrgin Islands and some U.S. include Operator Assisted Messaging or International Messaging, which is Protectorates, or to credit card or Aerator assisted calls. Current available for 25¢ per message sent and 10¢ per message received; see international long distance r tes can be found at www.vtext.com for details and countries. Verizon Wireless is not responsible www.vedzonwireless.com and are su ject to change. 1 for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless International Long Distance Value Plan: Requires Verizon Wireless cannot guarantee that messages will be received and is not subscription to a qualifying calling plan and international dialing responsible for messages that are lost or misdirected. Messages not delivered capability (I-DIAL). The ability to ake international calls is not after 5 days are automatically deleted. Airtime charges do not apply to the guaranteed and may be restricted w1i iout notice. Rates apply only on sending or receiving of text messages. When sending messages from calls to Value Plan countries made fr m calling plan home airtime rate Equipment, the sender's MTN will always be sent to the destination, even if and coverage areas. If a calling Ala includes calls to any Value Plan Caller ID is used to block voice calls. country, those calls will be billed r the terms of the calling plan i IN Messaging: Cannot be combined with any other package that includes a except when roaming on another ca 'er's network, in which case that �i TXT or PIX&FLIX allowance. IN Messaging applies only to TXT/ PIX/ FLIX carrier's rates will apply. Current i temational calling rates may be messages sent to and received from other Verizon Wireless Subscribers' found at www.vedzonwireless.com. phones, while both wireless Subscribers are within the National Enhanced International Roaming (Global hone): Availability of calling Services Rate and Coverage Area. Additional messages apply to PIX Place, features and TXT messaging varies I y country and network. Existing VTEXT/TXT Alerts/getAlerts, Instant Messaging (IM), Email, Premium Text Subscribers who purchase a Global F hone may have to set up a new Services, TXT/PIX/FLIX sent to non-Verizon Wireless customers, these voice mailbox and, if so, will los access to previously stored messages will be decremented from the Subscriber's Additional Message messages upon activation of Global F hone. Voice mail messages will allowance, or billed as overage. Additional Messages may not be applied be time-stamped Eastern Time. Call to voice mail will appear on the toward International TXT Messaging, which cost 250 per message sent and bill as calls to the Subscriber's MTN Actual availability of service in 100 per message received;see www.vtext.com for details and countries. foreign countries may vary and is subject to change. Taxes and other Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes regulatory surcharges may apply ar d may vary by country. While Picture (PIX) and Video (FLIX) messaging and is only available within the roaming on another carrier's wire) ss network, dialing rates and National Enhanced Services Rate and Coverage Area. In addition to MMS country availability may vary due tote roaming carrier's international charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling dialing policies. Billing for airtime us d when roaming may be delayed an MMS after pressing SEND may result in sent messages that contain only up to two billing cycles. By using Equ pment outside the United States, partial content. Subscriber will be charged for outgoing MMS, even if not Subscriber is solely responsible fo complying with all applicable received by the intended recipient,or even if only partial content is delivered. foreign laws, rules and regulations("Foreign Laws"), including Foreign Subscriber will not be charged for incoming MMS unless received. MMS that Laws regarding use of wireless phones while driving and use of cannot be delivered within 5 days will be deleted. MMS is not available for use wireless camera phones. Verizon Wireless is not liable for any with a Mobile Office Kit. Camera phones are prohibited in some places. damages that result from Subscribes failure to comply with Foreign Subscribers are solely responsible for complying with all applicable laws,rules, Laws. regulations and policies regarding camera phone use. Roaming in CDMA countries outside of the US: Roaming in CDMA V Cast VPak: Subscription to V Cast VPak and V Cast capable Equipment countries is$0.69 per minute and onl in"CDMA"mode where service required. Subscriber may download or stream video clips in the is available. An update to Equipment software is required to roam in S. BroadbandAccess service area and download 3D games in the Korea. NationalAccess and BroadbandAccess service areas. Not all video clips are Roaming in GSM countries: CDM GSM Global Phone, activated in available for download. The V Cast VPak includes unlimited basic video clips, the United States with compatible Ir ubscriber Identity Module (SIM) monthly access to Mobile Web 2.0, and unlimited airtime for Get It Now. card required. Rates, terms and cor ditions apply only when roaming Premium video clips are available for an extra charge. V Cast Alerts are sent on participating GSM networks in p blished Global Phone countries. as TXT Messages and are subject to TXT Messaging pricing and terms and Service may be available in additio ial countries, but airtime rates, conditions. V Cast cannot be used for(i) access to the Internet, intranet or availability of calling features, and ability to receive incoming calls other data networks or; (ii)any applications that tether Equipment to laptops, (including return calls from emergency services personnel) may be personal computers,or other devices for any purpose. Get It Now and Mobile restricted. See www.verizonwreless.com for Zone 1 and Zone 2 Page 21 of 35 ►1'!,,SS countries, coverage and airtime rates. Service in certain countries may be on, able to receive e-mail, and have Equipment manufacturer software blocked without prior notice. Where TXT messaging is available, Customer (BlackBerry Desktop, Wireless Sync or GoodLink) installed. If will be charged $0.50 for each message sent and $0.05 for each message Equipment is turned off or if the Subscriber travels outside the received. TXT messaging rates are subject to change.TXT messages cannot NationalAccess service area, e-mail messages will be automatically exceed 140 characters and may be sent only to MTNs of(i)Verizon Wireless stored for up to 7 days and forwarded when the Subscriber returns to customers, and (ii) customers of foreign wireless carriers that participate in the NationalAccess service area. Receiving e-mail attachments and international text messaging. Check www.vtext.com for the most current list of graphics may be limited based on the Equipment model or software. participating foreign carriers. TXT messages cannot be sent to e-mail With some Equipment, a-mails received may display only the first 2 addresses. kilobytes of information with additional 2 kilobyte increments delivered VZAccess and VZEmail at the Subscriber's request. VZAccess and VZEmail Calling Plans and Features: VZAccess includes Unlimited Data Plans and Features (such as NationalAccess, NationalAccess (IXRTT) and BroadbandAccess (EVDO) calling plans. BroadbandAccess, Push to Talk, and certain VZEmail services) may VZEmail includes PDA/Smartphone and BlackBerry calling plans. VZAccess ONLY be used with wireless devices for the following purposes: (i) and VZEmail usage is subject to VZAccess Acceptable Use Policy, available Internet browsing; (ii)email; and (Ili)intranet access (including access on www.ve(zonwireless.com. VZEmail optional features may only be to corporate intranets, email, and individual productivity applications purchased in conjunction with eligible voice calling plan with a monthly access like customer relationship management, sales force, and field service fee of $34.99 or higher. Monthly Megabyte allowances apply only to automation). The Unlimited Data Plans and Features MAY NOT be NationalAccess and BroadbandAccess data transmissions. Other data (Quick used for any other purpose. Examples of prohibited uses include, 2 Netsm or dial-up)transmissions as well as voice calls will be billed at the per without limitation, the following: (i)continuous uploading, downloading minute overage rate according to the VZAccess calling plan. For optional data or streaming of audio or video programming or games; (ii) server features, "other data" will be billed as anytime minutes or at the per minute devices or host computer applications, including, but not limited to, overage rate according to the underlying calling plan.When traveling outside Web camera posts or broadcasts, automatic data feeds, automated the National Enhanced Services Rate and Coverage Area, Subscribers may machine—to—machine connections or peer—to—peer(P2P) file sharing; be charged at the "other data" rate for data usage. NationalAccess data or (iii) as a substitute or backup for private lines or dedicated data sessions require a NationalAccess capable PC Card, PDA, BlackBerry or connections.This means,by way of example only,that checking email, handset with its compatible Mobile Office Kit, and must be placed within surfing the Internet,downloading legally acquired songs,and/or vlsiting NationalAccess service area. BroadbandAccess data sessions require corporate intranets is permitted,but downloading movies using P213 file BroadbandAccess capable Equipment and must be placed within sharing services and/or redirecting television signals for viewing on BroadbandAccess service area. PDA/Smartphone and BlackBerry users that laptops is prohibited. move from a VZEmail plan or feature, or a Voice and Data Choice Bundle to For individual use only and not for resale. We reserve the right to another calling plan will not be able to use their PDA/Smartphone or protect our network from harm,which may impact legitimate data flows. BlackBerry on the new calling plan and will need to purchase or provide We reserve the right to limit throughput or amount of data transferred, compatible voice Equipment to switch to the new calling plan. For current and to deny or terminate service,without notice,to anyone we believe NationalAccess and BroadbandAccess service areas, please visit is using an Unlimited Data Plan or Feature in any manner prohibited www.verizonwireless.com. All data sessions automatically terminate after 24 above or whose usage adversely impacts our network or service levels. hours of activity and on unlimited calling plans after 2 hours if inactivity. Data Anyone using more than 5 GB per line in a given month is presumed to session is inactive when no data is being transferred. Data session may seem be using the service in a manner prohibited above,and we reserve the inactive while data is actively being transferred to Equipment, or may seem right to immediately terminate the service of any such person without active when it is actually cached and not transferring data. Subscriber MUST notice.We also reserve the right to terminate service upon expiration of press or click END or DISCONNECT button to ensure that session Customer Agreement term. disconnects and charges cease. Third-party applications may automatically reinitiate data sessions without the Subscriber pressing or clicking SEND or Unlimited VZAccess and VZEmail: NationalAccess, CONNECT button. Voice calls cannot be received when an e-mail or other BroadbandAccess, and GlobalAccess data sessions may be used for data transmission is occurring. Voice calls are possible when NationalAccess the following purposes:(i)Internet browsing,(il)e-mail,and(Ili)intranet data session is inactive; however, charges apply simultaneously to the data access (including access to corporate intranets, e-mail and individual session and the voice call in accordance with the applicable calling plan. productivity applications like customer relationship management, sales Voice calls are not available with BroadbandAccess. Customer must maintain force and field service automation). Unlimited VZAccess, VZEmail and virus protection when accessing the service. Customer is responsible for all Push to Talk services cannot be used(i)for uploading,downloading or charges, including all data sent and received and "overhead"whether or not streaming of movies, music or games, (ii) with server devices or with Subscriber or recipients actually receive the data."Overhead"is all data that is host computer applications, other than applications required for in addition to user-transmitted data, such as control, operational and routing BlackBerry or Wireless Sync service, including, but not limited to,Web instructions, error-checking characters and retransmissions of user-data camera posts or broadcasts, automatic data feeds, Voice over IP messages that are received in error. VZEmail calling plans and optional (VoIP), automated machine-to-machine connections, or peer-to-peer features not available with PC cards or wireless modems, including wireless (P2P) file sharing, or(Ili)as a substitute or backup for private lines or Equipment tethered to a PC. In order to use some VZEmail features and dedicated data connections. Additionally, Unlimited VZEmail services applications, Subscriber's PC (or server where applicable) must be powered cannot be used for, (i) access to the Internet, intranets or other data Page 22 of 35 47 Y enzonwrrefess networks, except as the Equipment's native applications and capabilities GlobalEmail: GlobalEmail capable equipment required. Verizon permit,or(ii)for any applications that tether Equipment to laptops or personal Wireless reserves the right to terminate the GlobalEmail service of computers other than for use of the Wireless Sync or BlackBerry Solutions. Subscribers that have less than ha of their usage on the Verizon Unlimited BroadbandAccess and NationalAccess data sessions automatically Wireless National Enhanced Service Rate and Coverage Area over terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) three consecutive billing cycles. 331M Cards are for use with capable Equipment. GlobalEmail Equipment, and only r the purpose of GlobalEmail VZEmail Megabyte (MB) Data Plans: Megabyte allowance and charges for service. Customer is responsible fo, any unauthorized use of SIM kilobytes over the monthly allowance apply to NationalAccess and Cards, and must safeguard securi y codes. Upon termination of BroadbandAccess data sessions and are rounded to next full kilobyte at end of service please destroy any applicab a SIM Cards. Subscribers using each billing cycle. Only total of kilobytes transmitted above allowance each GlobalEmail outside the United St es, agree that they are solely billing cycle may appear on bill. responsible for complying with all a plicable foreign laws, rules and regulations ("foreign laws"). Customs agrees that Verizon Wireless is VZEmail Server Software (Wireless Sync Enterprise Server, GoodLink not liable for any damages that re ult from Subscriber's failure to Server& BlackBerry Enterprise Server(BES)): Verizon Wireless is not the comply with foreign laws. GlobalEm it Subscribers must activate and licensor of the Wireless Sync Enterprise Server, GoodLink Server or BES update their Preferred Roaming lists while in the National Enhanced Server and makes no representations or warranties whatsoever, either Services Rate and Coverage Area evi iry three months.TXT messaging express or implied,with respect to such servers and associated software.The billed at standard domestic and international TXT Messaging rates. Existing Verizon Wireless Subscribe migrating to GlobalEmail plans Share Option may be required to extend their Line Tenn. Wireless Sync Enterprise Server software is manufactured by Intellisync. The Share Option: Sharing is available only among Government GoodLink Server is manufactured by, and sold separately by Good Subscribers on applicable calling plans choosing the Share Option. Technology. The BES software is manufactured by Research in Motion ("RIM"). Any license for such software must be obtained directly from the America's Choice for Business& oice and Data Choice Bundles software manufacturer either upon purchase or installation of the software. for Business Subscribers: (NOTE: Subscribers to America's Choice Customer support for the Wireless Sync Enterprise Server, GoodLink, or BES for Business and Voice and Data C oice Bundles for Business can software must be obtained from the software manufacturer.If Verizon Wireless share voice minutes across these p ans and price points subject to in its sole discretion determines that a PDA or BlackBerry related inquiry from some billing system limitations.). Shring on these calling plans is for a Subscriber is related to the Wireless Sync Enterprise Server, GoodLink or voice home airtime minutes only. Cu tomer must maintain a minimum i BES software and not one concerning Equipment or desktop software, it may of five(5) Government Subscriber lin , all choosing a qualifying plan transfer the service request to appropriate representatives of the software with Share Option.Verizon Wireless eserves the right to remove the manufacturer. When you use Microsoft's Exchange ActiveSync, Notify's Share Option from all Subscribers if he 5 Subscriber minimum is not NotifyLink, or Intellisync's Intellisync Mobile Suite, every time you receive an met at any time. Sharing may only a available among Subscribers email or other update you may be charged for an incoming TXT Message. To activating Wireless Service in the s me Verizon Wireless market or avoid TXT Messaging charges, you can set up timed synchronization or group of markets (geographic regio s may contain multiple Verizon manually initiate synchronization. Wireless markets). Sharing may reqL ire all Subscribers to be on the same billing account. Each sharing Subscriber's unused anytime NationalAccess Roaming Feature: Not for use with Mobile Office Kits. minutes will pass to other sharing Sub cribers that have exceeded their Dynamic IP addresses will be assigned when roaming. Usage rounded up to anytime minutes during the same rr nthly billing period (IN Calling next full kilobyte. For information on where NationalAccess Roaming is minutes and Night and Weekend minutes do not share). Each sharing available,see www,vedzonv ireless.com. Subscriber's Monthly Home Airtime Allowance Minutes apply first to GlobalAccess: Global PC Card required for international use. Global PC that line. Unused Monthly Home Airtime Minutes are then shared with Cards will not work in the United States or Canada and GlobalAccess other sharing Subscribers that have exceeded their Monthly Home Subscribers will need a NationalAccess or BroadbandAccess PC card for Airtime Allowance in order of highest usage. At the termination of the domestic use.The domestic and Global PC Cards cannot be used at the same Agreement, Government Subscriber lines on America's Choice for time. GlobalAccess Subscribers must activate and update their Preferred Business with Share Option may be migrated onto applicable retail Roaming lists while in the National Enhanced Services Rate and Coverage consumer pricing or Government pri ing. Calling plan changes may Area every three months,Verizon Wireless reserves the right to terminate the not take effect until the billing cycle following the change request. service of any Subscriber whose total usage is less than half on the Verizon Based on the geographic locatioi of Customer's Government Wireless National Enhanced Services Rate and Coverage Area over three Subscribers, some Customers may h ive to have sharing Subscribers consecutive billing cycles. Verizon Wireless SIM Cards are for use only with activated in more than one Verizon ireless billing system. Sharing the Global PC Card and only for the purpose of this service. Subscriber is among Subscribers in multiple Verizon Wireless billing systems responsible for any unauthorized use of its SIM Cards and must safeguard requires online invoicing or reporting, and a minimum of one hundred security codes. Upon termination of service, Subscriber must destroy SIM (100)Government Subscribers all chcosing the Share Option. Unused Card. By using your Global PC Card outside the United States, Subscriber is minutes for cross billing system sharing will be distributed solely responsible for complying with all applicable Foreign Laws. Verizon proportionally as a ratio of the minutes needed by each sharing Wireless will not be liable for any damages that result from Subscriber's failure Subscriber to the total minutes needed by all sharing Subscribers. to comply with Foreign Laws. Page 23 of 35 'UetTMP'lwrreless Accounts that share across Verzon Wireless billing systems require set up one hundred (100) Government Subscribers choosing the VZEmail that may take thirty(30)to sixty(60)days. Megabyte Calling Plan Share Option at all times to qualify, otherwise VZEmail Share Plans: Sharing is available only among Government Verizon Wireless reserves the right to remove the Share Option from Subscribers to the VZEmail Megabyte Calling Plan choosing the Share Option all Subscribers.Unused KBs will bedistributed proportionally as a ratio on PDA, SmartPhone or BlackBerry Devices. VZEmail Sharing is only of the KBs needed b each applicable Subscriber to the total KBs available for data usage (no voice). Sharing is not available with the 10 MB needed by all sharing Subscribers. Calling plan changes may not take Optional Feature. Monthly access fee discount does not apply to 10 MB effect until the billing cycle following the change request. VZEmail Calling Plan with the Share Option.Each sharing Subscriber's unused KBs will sharing accounts require set up that may take thirty(30)to sixty(60) pass to other sharing Subscribers that have exceeded their MB allowance days. during the same monthly billing period. Customer must maintain a minimum of Surcharges& Fees Verizon Wireless will bill and collect from the Agency Governmental surcharges and fees that we are required by law to bill to customers.In addition to surcharges and fees that we are required to collect,we will also collect charges to recover or help defray costs of taxes and Governmental surcharges and fees imposed on us,and costs associated with Governmental regulations and mandates on our business.These fees and surcharges charges include,among others,a 911 fee,which is required by law and varies by jurisdiction,and both a Regulatory Charge and a Federal Universal Service Charge,which are Verizon Wireless charges described below in more detail.These surcharges and fees may change from time to time without notice.Because these charges are not taxes,your tax exemptions,if any,will not apply to these charges. Federal Universal Service Charge j Wireless carriers are assessed by the Federal Government to fund the delivery of universally-affordable telecommunications and information services under the Federal Universal Service Fund program(FUSF). The Federal Universal Service Charge(FUSC)is a Verizon Wireless charge that is subject to change each calendar quarter based on contribution rates prescribed by the FCC.On April 1,2008 the FUSC increased to 2.38 percent of assessable wireless charges,other than separately billed interstate and international long distance charges.The FUSC on these charges is 11.3 percent. Regulatory Charge The FCC assesses wireless carriers the costs of enforcement,policy and rulemaking.The Regulatory Fee recovers Verizon Wireless'share of these costs,as well as some of the costs of implementing regulatory mandates,such as number portability.The Regulatory Charge is a flat charge of $0.07 per Mobile Telephone Number(MTN)per month,but is subject to change over time. Both the Regulatory Charge and the FUSC are included and appear under the"Taxes,Governmental Surcharges&Fees"section of the invoice. Regulatory fees impacting the wireless industry are constant) evolving and are subject to change without notice.For more information you can visit 9 ry P 9 ry Y 9 1 9 the FCC's website at www.fcc.gov. Page 24 of 35 49 1.� fert,7onwireless Information for Ordering Activities: 3. LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property a'sing from the use of equipment maintained by the Contractor,unless such injury or damage is due to the fault or negligence of the Contractor. 4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORI A 279: Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System(DUNS)Number: 968904698 Block 30: Type of Contractor-_C.Large Business Block 31 Woman-Owned Small Business--No Block 36: Contractor's Taxpayer Identification Number(TIN): _223372889 4a. CAGE Code: 1HWU7 41. Contractor has registered with the Central Contractor Registration Database. 5. FOB Destination 6. DELIVERY SCHEDULE a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order(ARO),asset forth below: SPECIAL ITEM NUMBER DELIVERY TIME(Days ARO) _132-53 _5_Days Days b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet tho i bona fide urgent delivery requirements of an ordering activity,ordering activities are encouraged,if time permits,to contact the Contractor for th purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies sha I be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity,any order(s)placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance vA# all other terms and conditions of the contract. 7. Discounts: Prices shown are NET Prices;Basic Discounts have been deducted. a. Prompt Payment: NONE_%-—days from receipt of invoice or date of acceptance,whichever is later. b. Quantity NONE C. Dollar Volume NONE d. Government Educational Institutions NONE e. Other NONE 8, Trade Agreements Act of 1979,as amended: This Contract is for commercial wireless service. To the extent that Verizon Wireless provides products on the Olen market, such products are manufactured by third parties and may contain elements or components produced in foreign countries. 9. Statement Concerning Availability of Export Packing:NIA 10. Small Requirements: The minimum dollar value of orders to be issued is$_7.99. 11. MAXIMUM ORDER(All dollar amounts are exclusive of any discount for prompt payment.) The Maximum Order value for the following Special Item Numbers(SINS)is$1,000,000: Special Item Number 132-53-Wireless Services Page 25 of 35 VL'f'l ►, '1 wireless 12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation(FAR)8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules. a. FAR 8.405-1Ordering procedures for supplies,and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards(FED-STDS)should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA,Federal Supply Service,Specification Section,470 East L'Enfant Plaza,Suite 8100,SW,Washington,DC 20407,telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S.Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899,telephone number(301)975-2833. 14. CONTRACTOR TASKS I SPECIAL REQUIREMENTS(C-FSS-370)(NOV 2001) (a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub L.99-234 and FAR Part 31,and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges. NOTE: Refer to FAR Part 31.205-46 Travel Costs,for allowable costs that pertain to official company business travel in regards to this contract. (c) Certifications.Licenses and Accreditations: As a commercial practice,the Contractor may be required to obtain/possess any variety of certifications,licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such certifications,licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance: As a commercial practice,the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel: The Contractor may be required to provide key personnel,resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. (0 Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency,the Contractor's participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules,regulations,OMB orders,standards and documentation as specified by the agency's order. (h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency's order. (i) Government-Furnished Property: As specified by the agency's order,the Government may provide property,equipment,materials or resources as necessary. Q) Availability of Funds: Many Government agencies'operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government's obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. Page 26 of 35 51 verizonwireless 15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one or more delivery orders placed by it under this contract,may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.2124, paragraphs(1)Termination for the ordering activity's convenience,and(m)Termination for Cause(See C.1.) 16. GSA Advantage! GSA Advantage!is an on-line, interactive electronic information and ordering system that provides on-line access vendors'schedule prices with ordering information. GSA Advantage!will allow the user to perform various searches across all contracts including,but not limited to: (1) Manufacturer, (2) Manufacturer's Part Number;and (3) Product categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser(ex.: Net ape). The Internet address is http://www.fss.gsa.govl. 17. PURCHASE OF OPEN MARKET ITEMS NOTE: Open Market Items are also known as incidental items,noncontract items,non-Schedule items,and items not on a Federal Supply Schedule contract. For administrative convenience,an ordering activity contracting officer may add items not on the Federal Supply ML Itiple Award Schedule(MAS)-- referred to as open market items--to a Federal Supply Schedule blanket purchase agreement(BPA)or an individual task or delivery order,only if- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Feder I Supply Schedule have been followed(e.g.,publicizing(Part 5),competition requirements(Part 6),acquisition of commercial items(Part 2),contracting methods(Parts 13, 14,and 15),and small business programs(Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Fede I Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule;and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. CONTRACTOR COMMITMENTS,WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract, commitments, warranties and representations include, in addition to hose agreed to for the entire 1 schedule contract: (1) Time of delivery/installation quotations for individual orders; (2) Technical representations and/or warranties of products concerning performance,total system pe formance and/or configuration, physical,design and/or functional characteristics and capabilities of a product/equipmentl service/software ackage submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation,maintenance and repair of equipme it in areas listed in the pricel!st outside the 48 contiguous states and the District of Columbia,except as indicated below: Not Applicable Upon request of the Contractor,the ordering activity may provide the Contractor with logistics support,as available,in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only lie provided to the Contractor's Page 27 of 35 technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. vef'Ynnwlrefess 20, BLANKET PURCHASE AGREEMENTS(BPAs) Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as "...a simplified method of filling anticipated repetitive needs for supplies or services by establishing 'charge accounts' with qualified sources of supply." The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3),which reads,in part,as follows: "BPAs may be established with Federal Supply Schedule Contractors,if not inconsistent with the terms of the applicable schedule contract." Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up"accounts"with Schedule Contractors to fill recurring requirements, These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers,discounts, delivery locations and times, Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement,regardless of the size of the individual orders. In addition,agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool. 21. CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor's Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor(team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION,DEINSTALLATION,REINSTALLATION The Davis-Bacon Act(40 U.S,C.276a-276a-7)provides that contracts in excess of$2,000 to which the United States or the District of Columbia is a party for construction,alteration,or repair(including painting and decorating)of public buildings or public works with the United States,shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the fumishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However,if the construction,alteration or repair is segregable and exceeds $2,000,then the requirements of the Davis-Bacon Act apply. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation,deinstallation,and reinstallation services under SIN 132-8. 23. SECTION 508 COMPLIANCE. If applicable,Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology(EIT)at the following: http://www.verizonwireless.com/b2claboutUs/accessibility/index.esp Verizon Wireless will work with ordering agencies to assist in identifying their specific Section 508 requirements. The EIT standard can be found at: www.Section508.aovl. Verizon Wireless is committed to providing wireless products and services that are accessible to all people, including individuals with disabilities. Our equipment that facilitates electronic office equipment accessibility for handicapped individuals is identified in our commercial literature and on our website at http://www.vedzon%ireless.com/b2c/aboutU s/accessibility/index.isp Page 28 of 35 53 V@07-00wireless Verizon Wireless does not manufacture these products. We continue to work with our vendors and suppliers to encourage them to develop and offer solutions that will enable Verizon Wireless'products and services to be more accessible to all. Verizon Wireless will work with ordering agencies to assist in identifying their specific 508 requirements. 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES Prime Contractors(on cost reimbursement contracts)placing orders under Federal Supply Schedules,on behalf of 3n ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order— (a) A copy of the authorization from the ordering activity with whom the contractor has the prim contract (unless a copy was previously furnished to the Federal Supply Schedule contractor);and (b) The following statement: This order is placed under written authorization from dated In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract,the latter ill govern. 25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION(JAN 1997)(FAR 52.228-5) (a) The Contractor shall,at its own expense,provide and maintain during the entire performance of this contra ,at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing th t the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancel abon or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe;or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whi hever period is longer. (c) The Contractor shall insert the substance of this clause,including this paragraph(c),in subcontracts under is contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the&hedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors'proofs of required insurance,and shall make cop es available to the Contracting Officer upon request. 26. SOFTWARE INTEROPERABILITY Offerors are encouraged to identify within their software items any component interfaces that support open standard ir teroperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program r in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry k cated at http://www.core.gov. 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under Ihis contract.(31 U.S.C.3324) Page 29 of 35 V!'iY �wireless TERMS AND CONDITIONS APPLICABLE TO WIRELESS.SERVICES . E,t; w - Fly.= (S A- P ECIAL,I�E' IUMBER '132-53) 1. ACCEPTANCE TESTING The CRS Verizon Wireless provides is consistent with the highest quality of commercial practices in the industry. Verizon Wireless's inspection system is not subject to approval by the government. 2. EQUIPMENT The Contractor shall make available cellular voice and data devices. The cellular devices offered shall be compatible with the cellular access standards employed within the geographical scope of contract. The Contractor shall provide programming of any cellular telephone device, including Contractor-provided and ordering activity-furnished devices, that conforms to the cellular service furnished by the Contractor. 3. WARRANTY The Contractor shall provide a warranty covering each Contractor-provided device. The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: Verizon Wireless does not manufacture equipment and will provide the manufacturers consumer warranty. Please contact customer service to first try to troubleshoot the problem. If it is determined that the problem is in the hardware, a warranty repair must take place. All manufacturers' warranty information is shipped with each phone at the time of purchase. The warranty shall commence upon the later of the following: a. Activation of the user's service b. Installation/delivery of the equipment If the Contractor renders warranty service by replacement, the user shall return the defective item(s)to the Contractor as soon as possible but not later than ten (10)working days after notification. 4 MANAGEMENT AND OPERATIONS PRICING The Offeror shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basis service. 5. TRAINING The Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. If there is a separate charge, indicate below: Verizon Wireless will provide training assistance at no charge. Please call 1-800-561-6227 6. MONTHLY REPORTS In accordance with commercial practices, the Contractor may furnish the ordering activity/User with a monthly summary ordering activity report. Verizon Wireless will provide upon request by Ordering Activity. 7. WIRELESS SERVICE PLAN Page 30 of 35 55 VMZMwireless (a) Describe the wireless service plan and eligibility requirements. Include, but not limited to, service area, monthly service charge, minutes included, etc. See Pricing section (b) Describe charges, if any, for additional minutes, domestic wireless long distance, roami ig, nights and weekends, etc. See Pricing section (c) Describe government volume discounts and eligibility requirements. See Pricing section • • • • e • s PREAMBLE (Name of Company) provides commercial products and services to ordering activities. We ar committed to promoting participation of small, small disadvantaged and women-owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor-proteg6 programs, joint ventures, teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women-owned small usinesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding c ntracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women-owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible pa icipation of small, small disadvantaged, and women-owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc.,to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses th t may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women caned small businesses to promote and increase their participation in ordering activity contracts. To accelerate potential op ortunities please contact (Gwen Wilson, Director Supplier Diversity, 972-718-1007,Gwen.Wilson@VerizonWireless. om) Page 31 of 35 Vef'mnwireless BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE (Insert Customer Name) In the spirit of the Federal Acquisition Streamlining Act (ordering activity) and (Contractor) enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract(s) Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal Acquisition Regulation (FAR) 9.6. This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the ordering activity that works better and costs less. Signatures Ordering Activity Date Contractor Date r Page 32 of 35 5; r weer onwireless BPA 14UMBER (CUSTOMER NAME) BLANKET PURCHASE AGREEMENT Pursuant to GSA Federal Supply Schedule Contract Number(s) Blanket P rchase Agreements, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH (ordering activity): (1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE r , (2) Delivery: DESTINATION DELIVERY SCHEDULES/DATES (3) The ordering activity estimates, but does not guarantee, that the volume of purchases through this agreement will be (4) This BPA does not obligate any funds. (5) This BPA expires on or at the end of the contract period,whichever is earlier. (6) The following office(s) is hereby authorized to place orders under this BPA: OFFICE POINT OF CONTACT r (7) Orders will be placed against this BPA via Electronic Data Interchange(EDI), FAX, or pZ per. (8) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by del very tickets or sales slips that must contain the following information as a minimum: (a) Name of Contractor; (b) Contract Number; (c) BPA Number; (d) Model Number or National Stock Number(NSN); (e) Purchase Order Number; (f) Date of Purchase; (g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and (h) Date of Shipment. (9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract. Invoices will be submitted to the address specified within the purchase order transmission issued against this BRA. Page 33 of 35 �- onwireless i (10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an ■ inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence. BASIC GUIDELINES FOR USING "CONTRACTOR TEAM ARRANGEMENTS" Federal Supply Schedule Contractors may use"Contractor Team Arrangements" (see FAR 9.6)to provide solutions when responding to a ordering activity requirements. These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts. Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule Contract. Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors. Customers should refer to FAR 9.6 for specific details on Team Arrangements. Here is a general outline on how it works: • The customer identifies their requirements. • Federal Supply Schedule Contractors may individually meet the customers needs, or- Federal Supply Schedule Contractors may individually submit a Schedules "Team Solution" to meet the customer's requirement. • Customers make a best value selection. Page 34 of 35 L L Federal Supply Schedule VERIZON WIRELESS GS-35F-0119P We Never Stop Working For You.s"' i Thank you for choosing Verizon Wireless! 1 1 I r f Kent City Council Meeting Date August 4, 2009 Category Cgnsent Calendar - 6E 1. SUBJECT: JAIL PROCEEDS AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Proceeds Distribution and Hold Harmless Agreement with the City of'Bellevue for Kent to receive its proportionate share of proceeds from the sale of former King County jail property, amend the budget accordingly, and authorize staff to spend the funds upon receipt in accordance with the terms of the Agreement. In 2002, King County transferred ownership of property located in Bellevue to the City of Bellevue to be held for the benefit of all King County cities. This was accomplished by way of the Jail Services Agreement (JSA), which was entered into between King County and all King County cities. In accordance with the JSA, the property has since been sold and the sale proceeds are to be distributed proportionately to each King County city. Kent's estimated share of the proceeds is approximately $1,167,658.01. Based upon the 2002 JSyA, the proceeds must be used for the purpose of providing or contracting for secure jail beds or alternative corrections facilities. Kent, however, maintains discretion over the specific use of its share of the proceeds, provided the funds are used in a manner consistent with the JSA. 3. EXHIBITS: July 21, 2009, Memo to Operations Committee; Proceeds Distribution and Hold Harmless Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: W DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 WASHINGTON Address: 22C Fourth Avenue S. Kent WA. 98032-5895 July 21, 2009 To: Operations Committee From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding: Jail Proceeds Agreement - Authorize MOTION: Recommend Council authorize the Mayor to sign the Proceeds Distribution and Hold Harmless Agreement with the City of Bellevue for Kent to receive its proportionate share of proceeds from the sale of form r King County jail property, amend the budget accordingly, and authorize staff to spend the funds upon receipt in accordance with the terms of the Agreement SUMMARY: In 2002, King County transferred ownership of property located in Bellevue to the 1 City of Bellevue to be held for the benefit of all King County c ties. This was accomplished by way of the Jail Services Agreement (JSA), which was entered into between King County and all King County cities. Bellevue was designated the lead agency for maintaining and dispo ing of the three parcels of land abutting 1161h Avenue N.E. just north of NE 12`h St. (tax parcel numbers 2825059291, 2825059292, and 2825059015). These parcels were provided to the cities through negotiation of the JSA with King Cou ty in 2002. Per the JSA, the properties, or proceeds from the sale of the properties, were to be used to provide misdemeanant jail services. The properties were sold by Bellevue on March 16, 2009. As lead agency, Bellevue is holding the proceeds from the sale of the property on behalf of all King County cities. The total amount of proceeds (net sale proceeds plus investment interest revenue) is approximately $13.1 million. The cities, 1 through the Jail Oversight Assembly, have directed distribution of the proceeds to each city signing the Proceeds Agreement based on a methodologv that utilizes an average of each city's assessed valuation and jail population (see Attachment A to the Proceeds Distribution and Hold Harmless Agreement). As the caretaker of the property, Bellevue is allowed to recover osts incurred to manage and sell the properties, which totaled approximately $ 100,000. This amount will be deducted from the total proceeds prior to distribu on to all of the cities in order to reimburse Bellevue for incurred expenses. Based upon the Oversight Assembly's approved methodology, Kent's estimated share of the remaining proceeds, after deducting Kent's proportionate share of these expenses, 1 is approximately $1,167,658.01. Based upon the 2002 JSA, the proceeds must be used for the purpose of providing or contracting for secure jail beds or alternative corrections facilities. Kent, however, maintains discretion over the specific use of 1 its share of the proceeds, provided the funds are used in a manner consistent with the JSA. Each city must enter into an agreement with the City of Bellevue to receive the designated amount of funds. Staff is seeking Council approval for the Mayor to sign a Proceeds Distribution and Hold Harmless Agreement in order to receive Kent's share of the proceeds as provided in Attachment A to the Agreement. BUDGET IMPACT: Revenue of $1,167,658.01 for providing for or contracting for secure jail beds or alternative corrections facilities. i 1 1 1 1 1 1 t 2 PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT This Proceeds Distribution and Hold Harmless Agreement (Agreement) is entered into between Kent (JAG City) and the City of Bellevue and is effective upon the date of the last signature below. r RECITALS A. Whereas, King County entered into a Jail Services Agreement(JSA) M ith many of the cities located in King County (Contract Cities) to house and provide ail services for Contract Cities' misdemeanants; and B. Whereas, the JSA provides for the transfer of real property located 11 Bellevue with tax parcel numbers 2825059291, 2825059292, and 2825059015 (Jail roperty) to the City of Bellevue on behalf of the JAG Cities to facilitate the Contract Cities reducing their jail population housed by King County as provided in Section 1 of said JSA; and C. Whereas, Section 12 of the JSA provides that the Jail Property (or th proceeds from its sale [Proceeds]) will be used to contribute to the cost of building ecure capacity, or contracting for secure capacity, and at the sole discretion of the ontract Cities, building or contracting for alternative corrections facilities, sufficie t to enable the Contract Cities to meet the final step of the population reduction sche ule in the JSA; and D. Whereas, Section 12 of the JSA further provides that in the event th Contract Cities do not meet the objectives set forth in said section, King County wo Id be entitled to return of Proceeds; and E. Whereas, on October 31, 2002, the City of Bellevue and King Coun entered into a Land Transfer Agreement [City of Bellevue Clerk's Receiving # 3 014] conveying the Jail Property to the City of Bellevue on behalf of all cities in Ki g County (JAG Cities) for the purposes described in Section 12 of the JSA; and F. Whereas, JAG Cities, except Kent and Enumclaw, entered in an Interlocal Agreement for Jail Administration (Interlocal Agreement) in part t create rules for 1 administering the obligations related to Sections I I and 12 of the JS ; and G. Whereas, the obligations of Section 12 of the JSA are incorporated i o Section 7.1 of the Interlocal Agreement including its application to all King County ities; and H. Whereas, on March 16, 2009, the City of Bellevue (Bellevue) sold th Jail Property to ISeattle Children's Hospital for$13 million; and - 1 - July 7, 2009 I. Whereas, on March 26, 2008, the Assembly created by the Interlocal Agreement approved the distribution of Jail Proceeds; and J. Whereas, some Cities have acted to designate their portion of the Proceeds towards fulfilling their obligations under the JSA through undertakings such as the SCORE facility; and , K. Whereas, it is the intent of this Agreement that Bellevue stand in no worse (or better) position than any other JAG City with respect to liability or costs associated with the distribution of and/or possible return of Proceeds to King County because of its unique obligations to King County in Section 12 of the JSA as incorporated into the Interlocal Agreement(unique Section 12 obligations); L. Now therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and as a precondition for receipt of said Proceeds, the JAG City and Bellevue agree: AGREEMENT 1. Per the Jail Oversight Assembly approved formula noted in the city-by-city proceeds distribution (Attachment A), Bellevue shall pay JAG City, $1,167,659.01 (representing $1,176,605.16 - its proportionate share of the Proceeds/Interest minus $8,947.15 its proportionate share of the expenses Bellevue may recoup as provided in Section 7.2 of the Interlocal Agreement) within 30 days of the execution of this Agreement. 2. Upon receipt of said Proceeds, JAG City acknowledges and agrees that Bellevue has lawfully discharged all obligations and duties of Bellevue to that JAG City under the first paragraph of Section 7.2 of the Interlocal Agreement, and that Bellevue is discharged from all of its obligations and duties to that JAG City under the second paragraph of Section 7.2 of the Interlocal Agreement. 3. JAG City will abide by all requirements regarding the use of and goals related to the proceeds as provided in Section 7.1 of the Interlocal Agreement (whether a party to a JSA or not). JAG City will only leave or place a City Inmate in King County Jail after December 31, 2012 (post 2012 inmate housing) if King County confirms in writing that this post 2012 inmate housing does not violate the population reduction schedule referenced in Section 12 of the JSA and incorporated into Section 7.1 of the Interlocal Agreement. 4. Should there be a determination that a JAG City failed to abide by the requirements of Section 7.1 (at-fault JAG City) triggering an obligation for Bellevue to return all or part of the at-fault JAG City's Proceeds and any required interest to King County, said Proceeds shall be paid to Bellevue within 10 working days of written notice unless the at-fault JAG City makes other acceptable arrangements with Bellevue - 2 - July 7, 2009 and/or King County or the at-fault JAG City obtains injunctive or of er legal relief against King County that absolves Bellevue of any legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day peri d. 5. Bellevue and JAG Cities maintain that King County may only re uire return of Proceeds from an at-fault JAG City. However, if there is a determination that there is an obligation to return to King County Proceeds in an amount in excess of the amount distributed to an at-fault JAG City(s) then each non at-fault JAG City shall pay up to the full amount of its Proceeds and any required interest to Bellevue within 10 working days of written notice unless the non at-fault JAG Ci makes other acceptable arrangements with Bellevue and/or King County or the non at-fault JAG City obtains injunctive or other legal relief against King County that confirms Bellevue has no legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. If the obligation to return Proceeds is in excess of the at-fault JAG City's distribution, but less than each JAG City's full Proceeds, the amount due King County from the non at-fault JAG Cities shall be a prorated amount based on the percent of Proceeds received to the total Proceeds minus the amount representing the at-fault JAG City's share. The same prorated formula shall apply to required interest due from non at-fault JAG Cities. 6. Should Bellevue be sued for return of proceeds solely because of its anique Section 12 obligations, the alleged at-fault JAG City(s) shall immediately undertake the defense of Bellevue and pay all expenses and costs (including attorney's fees) associated with said defense whether or not said JAG City main ins it is or is ultimately determined to be not at-fault. Should King County be entitled to its ' attorney's fees in the suit, the at-fault JAG City shall hold Bellevu harmless and indemnify Bellevue from any liability or costs associated with the obligation to pay King County's attorney's fees. I7. Should Bellevue be the only party sued based on the alleged fault of of er JAG Cities, those alleged at-fault JAG Cities agree to stipulate to being named as defendants with 1 the concurrence of Plaintiff and/or not oppose Bellevue's motion to be included in the suit as an indispensible party. The obligations of Paragraph 6 shall apply whether or not the alleged at-fault JAG City is named in the litigation. 8. If King County sues Bellevue for return of proceeds because of Bellevue's alleged violation of Section 12 of the JSA regarding use of proceeds or the reduction in jail ' population along with other JAG Cities for their violations, each party will undertake its own defense at its own cost. 9. At-fault JAG Cities shall be responsible for costs of whatever f Drin or nature associated with Bellevue's unique Section 12 obligations, including but not limited to staff costs in coordinating and collecting proceeds or attorneys fees, and including administrative costs Bellevue incurs even where timely payment of Proceeds is made. Said costs shall be prorated among at-fault JAG Cities as appropriate. - 3 - July 7, 2009 10. In the event Bellevue incurs liability or costs associated with its unique Section 12 obligations and said liability or costs are not addressed in any other provision of this Agreement, each JAG City shall indemnify, hold harmless and defend Bellevue and its elected officials, employees agents and representatives from and against any and all claims, demands, causes of action, liabilities,judgments, settlements, damages or costs, including reasonable attorney's fees of whatever form related to Bellevue's unique Section 12 obligations in proportion to its share of the proceeds. 11. Each JAG City shall keep its Proceeds in a segregated fund and keep records ' sufficient to demonstrate that all expenditures of the Proceeds comply with Section 7.1 of the Interlocal Agreement. Said records shall be kept for at least 6 years from the date of the expenditure of the last Proceeds of the JAG City. 12. The JAG City representative who will be responsible for management and expenditure of the fund and for receiving notices related to the obligations under 7.1 of the Interlocal Agreement is (include name, title, address &phone ft a. John Hodgson Chief Administrative Officer City of Kent 220 Fourth Avenue South Kent, WA 98032 JAG City shall notify Bellevue of any change in this designated representative or ' contact information. 13. The City of Bellevue as a recipient of$ 971,638.82 (representing $ 979,083.98 - its proportionate share of the Proceeds/Interest minus $ 7,445.16 its proportionate share of the expenses) is also a JAG City and in that capacity shall be bound by the same terms under this Agreement as any other JAG City. 14. This Agreement shall be authorized by each JAG City's legislative body or other authorizing authority if not within authority of legislative body. 15. General Provisions: A. Governing Law, Forum. The Agreement will be governed by the laws of Washington and its choice of law rules. The JAG City consents to the exclusive ' personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. B. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force - 4 - July 7, 2009 without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. C. Nonwaiver. Any failure by a party to enforce strict perfo ance of any provision of the Agreement will not constitute a waiver of that arty's right to subsequently enforce such provision or any other provision of the Agreement. D. No Assignment. Neither the Agreement nor any of the rights o obligations of the JAG City arising under the Agreement may be assigned wit out Bellevue's prior written consent. Subject to the foregoing, the Agreement ill be binding ' upon, enforceable by, and inure to the benefit of, the parties and their successors and assigns. E. Notices. All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set forth in this agreement. F. Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Agreement, the prevailing party will be entitle to receive its reasonable attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may be awarded. G. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. In witness whereof, the parties have executed this Agreement and it shall be effective as of the last date written below. CITY OF KENT By: Date: Title: Mayor CITY OF BELLEVUE By: Date: Title: - 5 - July 7, 2009 ' ATTACHMENT A to Proceeds Distribution and Hold Harmless Agreeme t 1 a w _ O3 f, 0) O O � Q � � j � L a) U (D O o O cu 0 in o N Q N U U N 3 N a « N 0 0)o IL Q .0 a) E c 0 c C Q� 5QL � ca Q. to O a o '2 O p N o '> m a) a) 0L > E EPEE@ono a � N � " oa) ANC N oQ o 0 CL 0 cc Eo a ( i N »- m cc 3 m Q 0 c a o 0@ o�i > c p N a N Q ; ti S � > > 0 >r- -oo0 � � a U) 9 � 0 oQ `mOmo •oca o ° v+ cm0 = 3 Qtoa ` ON O � Ua 0 0 C N 0 � � omtc� � o� u� a? o Oooc LL ,L W c >, � N O E o L n L > aoi m 0 � L C0 a) N N � a) (D F- w ... Z � Na4Q 0E- N � 0) �m N O O O cI k,+ 04 j� CNNN CN � M��0�MqMM - ��CO NJ O LO0CDP�04Ulco 0) CD Lr)to�(O� )I- � to N O ' 'O rCV(0Nc0P 0 ChO C�1Or V CM0"MNd'O V OCO M V CNv`M N Md0' G O U OL. •`J M NOrM_ONMN CO~OOONODO�O_00�tnC4��[I'�CO_�tl'OOMrO�I�r( r, C N a Ln N M���EflEfl��M����Efl�, ,� �M• ���64�t-,v—:CN 3 M`�Q!).N M Y 6 J C 64 64 EF3 U EL N C6 O M O v M N M^.. 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SUBJECT: STAFFING FOR ADEQUATE FIRE AND EMERGENCY ' RESPONSE (SAFER) GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Fire Department SAFER Grant in the ' amount of $758,660, authorize the Mayor to sign all necessary documents, amend the budget, and authorize staff to spend the proceeds in accordance with the grants provisions, and the seven grant-funded firefighter positions as funding becomes ' available. This is a five-year grant period with funding received in the first four years. The Grant is for seven firefighter positions. The Grant will be usedi to train "front-line" firefighters available to the department and our community. Assuming one firefighter returns to the department between now and December 31, 2009, the department would see immediate reductions in overtime costs. In 2009, the department would need an additional $131,346.67 to cover our costs for the hiring of the seven firefighters, above the funds reimbursed by the Grant. ' The additional $ 131,346.67 is identified and would core from a fire department project account (F00015). ' Shortly after January 1, 2010, when the firefighters are assigned to shift assignment, it would not require the department to fund $60,000 in overtime costs for ShoWare Center events. In addition, with the additional firefighters hired, it would reduce overtime costs while maintaining minimum staffing levels. When two fire- fighters leave or retire from our organization, the cost to the City of Kent would be almost cost neutral. When a third firefighter leaves, there woLild be no cost to the City in 2010. The department is projecting two to three retirements between now and July 1, 2010. ' The Grant is subject to final terms and conditions acceptable to the City Attorney. 3. EXHIBITS: SAFER Grant Cost Analysis and Award Packalge - Articles of Agreement 4. RECOMMENDED BY: Staff and Operations Committee 7/21/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: i ACTION: ■ o o l n n n n n n n n n M M M fn M M M Ln oq M M ao 00 ao 00 0o LXI ao W DO DD aW c o c a v v v v c v v o in in Ln in in Ln in in &n v Ln (A V �, �-• rr . N N N N N N N o Ln Ln 1n o Ln Ln Ln Ln Lfl a Ln y = w W of oc on Oct of Lb on o0 M M M M M M M M M M 0 M �N m ry N N N N N N N N V1 1n Ln Ln 1n V1 Ln Lm V1 Ln v Ln C V O M N N N N N N . N N N fV N N N N N N N N d QZ .n yn V� VT V1 V? u!V)ut VT V1 V1 N Vf Vf V1 V) V)V1 VT Vf u! 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L N i e o Lei p ca m m L c E to N m O1 O c N E H N M M N y c N C N w C \ Q N 0V Y Y d C 'V Y LOiL — N O VI N _ � O C Q 7 01 W a p E rV N N N N N N N N N N N N N N N N N N N N N N y Ln O tr v It v g o a q ct v a a a v a It t a c, E .-L rn c - I�^' v w o o, rnq) m m rn rn m m rn m m m m rn m mm m m m m rn c MoLn W 7 O y 0 � -r LIl VI Ln V1 Ln Ln Ln V1 V1 V1 V1 Ln VI V1 Ln Ln Ln Ln L Ln N .ti E L( LP V` U1 Ln Ln Ln Ln LA Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln 1n ' Ln C I Y V/ Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lo i Ln L� >Q N N v d L O N a0+ v' o O I� N L 2 E N Oy Y CO bo H4 3 nh a � O 2 L L.+ nVoont t N v •�' own w L E O o Q C C Lon ffl L m x 0 d COL mc W- c L m O D LT m M C 14 vCL o _L aL �_ a c G ' * vO Y O i Lo « w N m LT w m o N c.L Lu O c V L 01 N 7 0 N 0 ; a o m a+ c a c o E m w c y r o > o o y o m rn p 0 0 Y a LL c � w (i^ E T > $ n 0 C, 0 o � o o o � ''y E m w g` YQ _ ` V C w v O L/1 W y O a: N N O O O O O p O O N N nI N N 0 "~ .••L .-1 N ce '-' `� y L .O N O O O •-L N L ,O d N ~O e 4 3t E 0 N aLO.L p W N w O p E L E E Z o L ry N N p O E L E E Z t0 L Lv ry N o o. w B CL o 6I N ` ` N N N N 7 ` N y 'O N N uL in N C Q O V O 9 La LTo C >' 00 a > u O •— > W T m W > lY N L \ Q C O O L of y U C N C N O. 7 V O o! C to a q C O Ln N *, O L rl �n auu � � x V) zo ; L� � a � ; ; a � ozo ; L°/ � a � � ' a � . CLLn ' Panel Review Pagel of 8 Award^Packag,e,., .1 httos://oortal.fema.izov/firep,rant/isp/fire admin/awards/spec/view award_packa e.do?agre... 7/10/2009 Panel Review Page 2 of 8 U.S.Department of Homeland Secunty Washrnglon, D C.20472 1FEMA Mr. Greg Markley Kent Fire Department 24611 116th Ave SE Kent, Washington 98030-4939 Re: Grant No.EMW-2008-FF-00975 Dear Mr. Markley: On behalf of the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2008 Staffing for Adequate Fire and Emergency Response (SAFER)grants has been approved. The DHS Federal Emergency Management Agency's National Preparedness Directorate, in consultation with the U.S. Fire Administration, carry out the Federal responsibilities of administering your grant. The approved project costs total to $3,464,493,00. The Federal share is $758,660.00 of the approved amount and your share of the costs is$2,705,833.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on- line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and the banking institution to the address below: Department of Homeland Security FEMA, National Preparedness Directorate Grants Management Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Staffing Adequate Fire and Emergency Response (SAFER) After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments online. Awardees will draw the Federal Share of the awarded amount on a reimbursement basis no more frequently than quarterly. If you have any questions or concerns regarding the process to request your grant funds, please call 1-877-274-0960. Sincerely, R. David Paulison Administrator t,rr„�•//„�,-tal fems onv/firParant/isn/fi e. o� re .__ i e admm/awards/spec/view award pacicag ag d . . . 7/10/2009 Panel Review Page 3 of 8 Y l,ttnc•//nnrNI f-masov/firegrant/iso/fire admin/awards/spec/view award_pack ge.do?agre... 7/10/2009 Panel Review Page 4 of 8 Agreement Articles U.S. Department of Homeland Security FEm*swA Washington, D.G. 20472 rr t,4 u AGREEMENT ARTICLES STAFFING ADEQUATE FIRE AND EMERGENCY RESPONSE -Hiring program GRANTEE: Kent Fire Department PROGRAM: Staffing for Adequate Fire and Emergency Response (SAFER) -Hiring AGREEMENT NUMBER: EMW-2008-FF-00975 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Requests for Advances or Reimbursements Article VI Budget Changes Article VI Financial Reporting Article VIII Performance Reports Article IX DHS Officials Article X Other Terms and Conditions Article XI General Provisions Article XII Audit Requirements Article I -Project Description The grantee shall perform the work described in the approved grant application's Program Narrative. That narrative is made a part of these grant agreement articles by reference. The SAFER Program is to award grants directly to volunteer, combination, and career fire departments to help the departments increase their cadre of firefighters. After careful consideration, DHS has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information -was consistent with the program's purpose and worthy of award. The grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval. Any material deviation from the approved program narrative will result in the grantee being in default of the grant agreement. This may result in requiring the recipient to return a portion or the entire �,,+„�•//„nrtal fPma vnv/firPurant/isn/ftre adrnin/awards/spec/viewaward_pacicage.do?agre... 7/10/2009 Panel Review Page 5 of 8 grant funding. Article II -Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. All documents submitted as part of the original grant application are made a part cf this agreement by reference. Article III -Period of Performance The period of performance shall be from 08-APR-09 to 07-APR-14. Grantees under the Hiring of Firefighters Activity must agree to a five-year commitment d ring which the Federal contribution toward the costs of the salaries and benefits will diminish over the course of the performance period. Grantees under the Recruitment and Retention Activity will have a period of performance up to four years depending on the scope of work outlined in their original grant application. The grant funds are available to the grantee for obligation only during the period of perfo mance of the grant award. A"recruitment period" of ninety (90) days will be provided for all grantees under th activities. Under the Hiring of Firefighters Activity as well as the Recruitment and Retention Activity, the five-y ar period of performance will start after this recruitment period. Under the Hiring of Firefighters Activit F, if an awardee fills their awarded firefighter positions during the 90-day recruiting period, they will be afforde I credit toward the final 12 months of the grant performance period, when the grantee must fund the entire sala . There will be no extensions to any SAFER grants. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV-Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant(including Federal share plus applicable grantee match): Personnel $2,644,650.00 Fringe Benefits $819,843.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Other $0.00 Indirect Charges $0.00 Total $3,464,493.00 Article V-Requests for Advances or Reimbursements Grant payments under the SAFER grants are made on a reimbursable basis only. Awar ees will draw the Federal share of the awarded amount on a reimbursable basis, i.e., grant funds will reimburse the grantee for actual expenses incurred in the previous quarter. When the grantee needs grant funds, the grantee fills out the on-line Request for Reimbursement which is in the Manage Grant module of the on-line grant application. Article VI -Budget Changes httn/irnrra1 fPrnn anv/firParant/isn/fire admin/awards/spec/view award packag .do?agre... 7/10/2009 Panel Review Page 6 of 8 Occasionally, due to successful competitive bid processes, breaks in service etc, some grantees have funds t� remaining after the completion of their obligations outlined above. Grantees awarded under the Hiring of Firefighters Activity that completes the approved scope of work and still has grant funds available must return all excess funds to the grants program office. Grantees awarded under the Recruitment and Retention Activity that have completed the approved scope of work and still has grant funds available may use the excess funds to continue with recruitment or retention activities consistent with the original scope of work, as long as it is within the originally approved period of performance. No extensions to the period of performance will be granted. Article VII -Financial Reporting The Request for Reimbursement mentioned above, will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report is due within 90 days after the end of the performance period. Article Vlll -Performance Reports The grantee must provide periodic performance reports in conjunction with the quarterly payment requests to the AFG program office. Performance reports must be submitted after each quarter even if funds are not requested. In the fifth and final grant year for grants involving the Hiring of Firefighters, grantees will have to submit a performance report at the mid-point of the year and then at grant closeout. All grantees will be required to produce a final report on how grant funding was used and the benefits realized from the award. An accounting of the grant funds must also be included in the performance reports. The quarterly reports are due within 30 days of the end of each quarter(every three months) of the performance period. Article IX -DHS Officials Program Officer: Tom Harrington is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Any member of the SAFER program staff may be contacted at 1- 866-274-0960. Grants Assistance Officer: Sheila Parker-Darby is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. If you have any questions regarding your grant please contact Sheila Parker-Darby at 1-866- 274-0960. Grants Management Branch POC: Tiffany Butler is the point of contact for this grant award and shall be contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 202-646-3745. Article X-Other Terms and Conditions Pre-award costs are not allowable in the Hiring of Firefighters Activity. Pre-award costs are allowable in the Recruitment and Retention of Volunteer Firefighters Activity on a case by case basis as approved by the program office. Article XI-General Provisions The following are hereby incorporated into this agreement by reference: 44 CFR, Emergency Management and Assistance Part 7 Nondiscrimination in Federally-Assisted Programs Part 13 Uniform administrative requirements for grants and cooperative l,tt„-•//nnrtnl femn anv/firegr t ' y r 10 2 9 an h sn/fire admin/awards/spec/view_award�acicage.do.ag e... 7/ / 00 Panel Review Page 7 of 8 agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) Part 17 and Government-wide Requirements for Drug-free Workplace (Grants) Part 18 New Restrictions on Lobbying 31 CFR 205.6 Funding Techniques OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative A 3reements with State and Local Governments OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative A reements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A-122 Cost Principles for Non-Profit Organizations Article XII-Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $500,000.00 or more in Federal funds in one year(from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You m st also agree to make your grant files, books, and records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or lo ensure compliance with any requirement of the grant program. Additional Requirements if applicable(max 4000 characters) lhl+—Unnrtal fPma pnv/fireprant/isn/fire admin/awards/suec/view award packag .do?agre... 7/10/2009 Panel Review Page 8 of 8 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 1.AGREEMENT NO. EMW-2008-FF-00975 l,ttr�o•//r�nrtal forma onv/fireurant/isn/fire admin/awards/spec/view award_pacicage.do.agre... 7/10/2009 Kent City Council Meeting Date August 4, 2009 Category Cpnsent Calendar - 6G 1. SUBJECT: ISSUANCE OF COMBINED UTILITY SYSTEM REVENUE BONDS ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which authorizes the issuance of the 2009 Combined Utility System Revenue Bonds of $25,000,000. This ordinance authorizes City Administration to issue $25,000,000 in Combined Utility System Revenue Bonds to undertake improvements to our Water, Sewer, and Storm Water systems. These bonds will be secured by a pledge of the net revenues of the City's utility systems at a debt service coverage ratio of 120%. This pledge is all revenues less operational costs excluding depreciation before capital contributions and transfers. For fiscal year 2008, this pledge produced net revenues of approxi- mately $6 million and would provide coverage at 120% for approximately $60 million in twenty year debt. We are asking for the issuance of $25 million. We are anticipating annual debt service costs of approximately $2 million and will be able to show investors a 300% coverage ratio. The ordinance included within the Council packet is only a draft ordinance. The Finance Department hopes to receive a final ordinance by the night of the Council meeting once final interest rates are known. BUDGET IMPACT: There will be a debt service payment covering approximately three months in early December. It will be about $800,000 and payable from the utilities. For the 2010 budget year the debt service cost will�be approximately $2,000,000. 3. EXHIBITS: Bond Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Increase Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington; approving certain additioris, betterments and improvements to the Cit 's Waterworks Utility; authorizing the issuance of one or more series of combined utility system revenue bonds of the City in the aggregate principal amount of not to exceed $[25,000,0 0] to pay the costs of said improvemen s; delegating authority to approve the final terms of the bonds; and reserving the right to issue revenue bonds on a parity with the Bonds upon compliance with certain conditions. PASSED: August 4, 2009 Combined Utility System Revenue Bonds, Series 2009 CITY OF KENT, WASHINGTON ORDINANCE NO. TABLE OF CONTENTS* Pam_ SECTION 1. - Definitions ......................................................... 2 SECTION 2. - Findings and Purposes; Plan of Additions and Betterments to the System ................................ 15 SECTION 3. - Authorization and Description of Bonds ................ 16 1 SECTION 4. - Registration, Exchange and Payments.................. 17 SECTION S. - Redemption and Purchase .................................. 21 SECTION 6. - Revenue Fund; Priority of Application of Revenue; Coverage Stabilization Account; Contract Resource Obligations......................................... 25 SECTION 7. - Bond Fund and Reserve Account ......................... 29 SECTION S. - Specific Covenants............................................ 34 SECTION 9. - Tax Covenants ................................................. 37 SECTION 10. - Issuance of Future Parity Bonds. ....................... 39 SECTION 11. - Form of Bonds................................................ 43 SECTION 12. - Execution of Bonds.......................................... 46 SECTION 13. - Defeasance .................................................... 46 SECTION 14. - Lost or Destroyed Bonds................................... 47 SECTION 15. - Sale of Bonds; Bond Insurance.......................... 47 SECTION 16. - Application of Bond Proceeds ............................ 49 SECTION 17. - Derivative Products.......................................... 50 SECTION 18. - Undertaking to Provide Ongoing Disclosure......... 51 SECTION 19. - Severability .................................................... 54 SECTION 20. - Effective Date ................................................. 55 * This Table of Contents and the cover page are provided for convenience only and are not a part of this ordinance. -i- Combined Utility System Revenue Bonds, Series 2009 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington; approving certain additions, betterments and improvements to the Cit 's Waterworks Utility; authorizing the issuance of one or more series of combined utility system revenue bonds of the City in the aggregate principal amount of not to exceed $[25,000,0 0] to pay the costs of said improvemen s; delegating authority to approve the final terms of the bonds; and reserving the right to issue revenue bonds on a parity with the Bonds upon compliance with certain conditions. RECITALS A. The City of Kent, Washington (the "City") owns, operates and maintains a water collection and distribution system (the ""Water Utility"); and B. The City owns, operates and maintains a combined sanitary sewage collection and disposal system and storm and surface water utility (the "System of Sewerage"); and C. The City Council has determined it is in the best interests of the City to combine the Water Utility and the System of Sewerage (hereinafter defined as the "System") for the purpose of debt issuance; and D. The System is in need of additions, improvements and betterments (hereinafter defined as the "Projects"); Projects ), and E. The City is authorized pursuant to chapters 35.92 and 39.46 RCW to issue revenue bonds payable from the operating revenues of the System for the purpose of financing the costs of the Projects; and F. The City has received a written offer from Piper Jaffray & Co., Barclays Capital Inc. and Siebert Brandford Shank & Co., LL.C, to purchase the revenue bonds herein authorized under the terms set forth herein and therein; and 1 Combined Utility System Revenue Bonds., Series 2009 G. It is hereby found to be in the best interests of the City that said offer be accepted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows: SECTION 1. - Definitions. As used in this ordinance the following definitions shall apply unless a different meaning clearly appears from the context: Accreted Value means (1) with respect to any Capital Appreciation Bonds, as of any date of calculation, the sum of the amount set forth in the ordinance authorizing their issuance as the amount representing the initial principal amount of such Capital Appreciation Bonds plus the interest accumulated, compounded and unpaid thereon as of the most recent compounding date, or (2) with respect to Original Issue Discount Bonds, as of the date of calculation, the amount representing the initial public offering price of such Original Issue Discount Bonds plus the amount of discounted principal that has accreted since the date of issue. In each case, the Accreted Value shall be determined in accordance with the provisions of the ordinance authorizing the issuance of such Balloon Maturity Bonds. Annual Debt Service means the total amount of Debt Service for any Parity Bond or series of Parity Bonds or other evidences of indebtedness payable from Revenue of the System in any fiscal year or Base Period. Balloon Maturity Bonds mean any evidences of indebtedness of the City payable from Revenue of the System that are so designated in the ordinance pursuant to which such indebtedness is incurred. Base Period means any consecutive 12-month period selected by the City out of the 24-month period next preceding the date of issuance of an additional series of Future Parity Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership 2 Combined Utility System Revenue Bonds, Series 2009 of any Bonds (including persons holding Bonds thro gh nominees, depositories or other intermediaries). Bond Fund means the City of Kent Revenue Bond Fund and also shall include any fund established in the future for the payment of debt service on Parity Bonds. Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the Insurer insuring the payment when due of the principal of and interest on all or a portion of the Bonds as provided t erein. Bond Purchase Contract means the purchase contract for the Bonds between the City and the Underwriters entered into pursuant to the terms of Section 15 of this ordinance. Bond Register means the books or records maintained by the Registrar containing the name and mailing address of the owner of each Bond or nominee of such owner and the principal amount and number of Bonds held by each owner or nominee. Bonds mean the not to exceed $[25,000,000] par value City of Kent, Washington, Combined Utility System Revenue Bonds, Series 2009[_] [Taxable], issued in one or more series pursuant to this ordinance. Capital Appreciation Bonds mean any Future Parity Bonds all or a portion of the interest on which is compounded, accumulated and payable only upon redemption or on the maturity date of such Capital Appreciation Bonds. If so provided in the ordinance authorizing their issuance, Future Parity Bonds may be deemed to be Capital Appreciation Bonds for only a portion of their term. On the date on which Future Parity Bonds no longer rare Capital Appreciation Bonds, they shall be deemed outstanding in a principal amount equal to their Accreted Value. City means the City of Kent, a municipal corporation of the State of Washington. City Council means the City Council as the general legislative authority of the City as the same shall be duly and regularly constituted from time to time. 3 Combined Utility System Revenue Bonds, Series 2009 City Representative means the Mayor of the City or such other official or employee of the City designated in writing by the Mayor. Code means the United States Internal Revenue Code of 1986, as amended, together with all applicable rulings and regulations heretofore or hereafter promulgated thereunder. Consultant means at any time an independent municipal financial consultant appointed by the City to perform the duties of the Consultant as required by this ordinance. For the purposes of delivering any certificate required by Section 10 hereof and making the calculation required by Section 10 hereof, the term Consultant shall also include any independent public accounting firm or engineer appointed by the City to make such calculation or to provide such certificate. Contract Resource Obligation means an obligation of the City, designated as a Contract Resource Obligation and entered into pursuant to Section 6(d) of this ordinance, to make payments for water or sewer supply, transmission or other commodity or service to another person or entity. Costs of Maintenance and Operation means all reasonable expenses incurred by the City in causing the System of the City to be operated and maintained in good repair, working order and condition, deposits, premiums, assessments or other payments for insurance, if any, on the System; payments into pension funds; State-imposed taxes; amounts due under Contract Resource Obligations (but only at the times described in Section 6(d) of this ordinance); payments made to any other person or entity for the receipt of water or sewer supply or transmission or other j right, commodity or service; payments made to any other person or entity that are required in connection with the operation of the System or the acquisition or transmission of water or sewer or storm water and that are not subordinate to the lien of the Parity Bonds; and payments with respect to any other expenses of the System that are properly treated as operation and maintenance expenses under generally accepted accounting principles 4 Combined Utility System Revenue Bonds, Series 2009 applicable to municipal corporation, but shall not include an payments for principal or interest or into the Reserve Account, depre iation or taxes levied or imposed by the City or payments to the City in I eu of taxes, or capital additions or capital replacements to the System. Coverage Stabilization Account means the accoun of that name maintained pursuant to Section 6(c) of this ordinance. Covered Bonds mean the Bonds and those Futu a Parity Bonds designated in the ordinance authorizing their issuance as Covered Bonds secured by the Reserve Account. Debt Service means, for any period of time, (a) with respect to any outstanding Original Issu Discount Bonds or Capital Appreciation Bonds which are not designated as Balloon Maturity Bonds in the ordinance authorizing their issuance, the rincipal amount thereof shall be equal to the Accreted Value thereof mate ing or scheduled for redemption in such period, and the interest payable du ing such period; (b) with respect to any outstanding Fixed Rate B nds, an amount jequal to (1) the principal amount of such Fixed Rate Bon s due or subject to mandatory redemption during such period and for whic no sinking fund installments have been established, (2) the amount f any payments required to be made during such period into any sinking fund established for the payment of any such Fixed Rate Bonds, plus (3) a I interest payable during such period on any such outstanding Fixed Rat Bonds and with respect to Fixed Rate Bonds with mandatory sinking f nd requirements, calculated on the assumption that mandatory sinking fun installments will be applied to the redemption or retirement of such Fix d Rate Bonds on the date specified in the ordinance authorizing such Fixe Rate Bonds; and (c) with respect to all other series of Parity onds, other than Fixed Rate Bonds, Original Issue Discount Bonds or C pital Appreciation Bonds, specifically including but not limited to Balloon aturity Bonds and Parity Bonds bearing variable rates of interest, an amo nt for any period equal to the amount which would have been payabl for principal and 5 Combined Utility System Revenue 81 nds, Series 2009 interest on such Parity Bonds during such period computed on the assumption that the amount of Parity Bonds as of the date of such computation would be amortized (1) in accordance with the mandatory redemption provisions, if any, set forth in the ordinance authorizing the issuance of such Parity Bonds, or if mandatory redemption provisions are not provided, during a period commencing on the date of computation and ending on the earlier of (i) the date 30 years after the date of issuance or (ii) the final maturity (2) at an interest rate equal to the yield to maturity set forth in the 40-Bond Index published in the edition of The Bond Buyer (or comparable publication or such other similar index selected by the City) and published within ten days prior to the date of calculation or, if such calculation is being made in connection with the certificate required by Section 10 hereof, then within ten days of such certificate, (3) to provide for essentially level annual debt service of principal and interest over such period. Debt Service shall be net of any interest funded out of Bond proceeds. Debt Service shall include reimbursement obligations to providers of Credit Facilities to the extent authorized by ordinance. It is the City`s intent that regularly scheduled payments to be made by or received by the City under Parity Derivative Products shall be added to and deducted from, respectively, Debt Service with respect to Parity Bonds associated with such Parity Derivative Product, to the extent authorized by ordinance. Debt Service Offset means receipts of the City that are not included in Revenue of the System and that are legally available to pay debt service on Parity Bonds, including without limitation federal interest subsidy payments pledged to pay Debt Service Offsets, designated as such by the Designated Representative. Designated Representative means the Mayor of the City and any successor to the functions of such office. 6 Combined Utility System Revenue Bonds, Series 2009 DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section hereof. Finance Director means the Finance Director of t e City, or any successor to the functions of the Finance Director. Fitch means Fitch, Inc., organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall no Ion er perform the functions of a securities rating agency, Fitch shall be dee ed to refer to any other nationally recognized securities rating agency (ot er than S&P or Moody's) designated by the Finance Director. Fixed Rate Bonds mean those Parity Bonds oth r than Capital Appreciation Bonds, Original Issue Discount Bonds or alloon Maturity Bonds issued under an ordinance in which the rate of i terest on such Parity Bonds is fixed and determinable through their final maturity or for a specified period of time. If so provided in the ordinance authorizing their issuance, Parity Bonds may be deemed to be Fixed Rate Bonds for only a portion of their term. Future Parity Bonds mean any combined utility tystem revenue bonds which the City may hereafter issue having a lien u on the Revenue of the System for the payment of the principal thereof and interest thereon equal to the lien upon the Revenue of the System of the Bo ds. Government Loans mean loans to the City from the Public Works Trust Fund and any other subordinate lien revenue loans received by the City in the future from the State of Washington or the 1.1nited States of America. Government Obligations has the meaning given suct term in chapter 39.53 RCW, as such chapter may be hereafter amended or restated. Insurer means the municipal bond insurance company, if any, selected and designated by the Designated Representat ve, pursuant to Section 15(b) of this ordinance, or any successor thereto or assignee Combined Utility System Revenue Bon s, Series 2009 thereof, as issuer of a Bond Insurance Policy for all or a portion of one or more series of Bonds. Letter of Representations mean the Blanket Issuer Letter of Representations from the City to DTC. Maximum Annual Debt Service means highest dollar amount of Annual Debt Service in any fiscal year or Base Period for all outstanding Parity Bonds and/or for all subordinate lien evidences of indebtedness secured by Revenue of the System, as the context requires. Moody's means Moody's Investors Service, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Moody's shall be deemed to refer to any other nationally recognized securities rating agency (other than S&P and Fitch) designated by the Finance Director. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount and proceeds, if any, deposited in the Reserve Account. Net Revenue means Revenue of the System less Costs of Maintenance and Operation. Original Issue Discount Bonds mean Parity Bonds which are sold at an initial public offering price of less than 95% of their face value and which are specifically designated as Original Issue Discount Bonds in the ordinance authorizing their issuance. Other Derivative Product means a payment agreement entered into in connection with one or more series of Parity Bonds between the City and a counterparty permitted under chapter 39.96 RCW, as amended from time to time, or any successor statute, which is not a Parity Derivative Product. Parity Bonds means the Bonds and any Future Parity Bonds. 8 Combined Utility System Revenue Bonds, Series 2009 Parity Derivative Product means a payment agreement between the City and a counterparty satisfying the requirements of chapter 39.96 RCW, as amended from time to time, or any successor statute obligating the City to make regularly scheduled payments to the counterparty on a parity with the payment of debt service on Parity Bonds. Parity Requirement means Net Revenues equal to or oreater than: (a) 120% of Maximum Annual Debt Service for all Parity Bonds computed by deducting from Annual Debt Service the Annual Debt Service for each series or issue of Parity Bonds that is co ered by ULID Assessments and any Debt Service Offsets, and (b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of indebtedness secured by Revenue of the System. In determining the amount of Annual Debt Service "c vered by ULID Assessments", Annual Debt Service for each future year is reduced by the dollar amount of ULID Assessments projected to be received during such future year, and the remaining outstanding ULID Assessments are assumed to be paid in the remaining number of annual installments with no prepayments. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or usiness rental of property to the Private Person on a day-to-day basis if the rental paid by 9 Combined Utility System Revenue Bonds, Series 2009 such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Project Funds mean the Water Project Fund, the Sewer and Drainage Project Fund of the City. Projects mean those projects specified in Appendix A and authorized in Section 2 of this ordinance. Qualified Insurance means any non-cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are rated in one of the two highest Rating Categories by any Rating Agency. Qualified Letter of Credit means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of registered owners of the Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is rated in one of the two highest Rating Categories by any Rating Agency. Rate Covenant means Net Revenue in each fiscal year at least equal to 120% of the amounts required in such fiscal year to be paid as scheduled debt service (principal and interest) on all Parity Bonds, subtracting from scheduled debt service (1) the amount of ULID Assessments collected in such year and (2) Debt Service Offsets. Furthermore, in determining compliance with the Rate Covenant, Net Revenues are subject to adjustment to reflect the following: 10 Combined Utility System Revenue Bonds, Series 2009 (a) It is the intent of the City that regularly scheduled net payments under Parity Derivative Products be reflected in the calculation of debt service with respect to the associated Parity Bons and not as adjustments to Revenue or Costs of Maintenance and Operation; and (b) Revenue and Costs of Maintenance and Operation may be adjusted, regardless of then applicable generally accepted accounting principles, for certain items (e.g., to omit unrealized gains or losses in investments) to reflect more fairly the System's annual operating performance. Rating Agency means Moody's, S&P or Fitch. Rating Category means the generic rating categories of the Rating Agency, without regard to any refinement or gradation of such rating category by a numerical modifier or otherwise. Registrar means the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the 1 principal of, premium, if any, and interest on the Bonds. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC shall be deemed to be the sole Registered Owner. Reserve Account means the Debt Service Reserve Account maintained within the Bond Fund. Reserve Requirement is the dollar amount to be calculated with respect to all Covered Bonds and separately with respect to other Parity Bonds. (a) With respect to Covered Bonds, the Reserve Requirement shall be equal to the least of: (1) Maximum Annual Debt Service for Covered Bonds, (2) 10% of the initial principal amount of Covered Bonds of each series, and 11 Combined Utility System Revenue Bonds, Series 2009 (3) 125% of average annual debt service for Covered Bonds; provided, however, that the dollar amount required to be contributed, if any, as a result of the issuance of a series of Future Parity Bonds shall not be greater than the Tax Maximum. If the dollar amount required to be contributed at the time of issuance of a series exceeds the Tax Maximum, then the amount required to be contributed shall be equal to the Tax Maximum. (b) With respect to other series of Parity Bonds, the Reserve Requirement shall be equal to the amount specified in the ordinance authorizing the issuance of that series of Parity Bonds. The Reserve Requirement shall be adjusted accordingly and remain in effect until the earlier of (1) at the City's option, a payment of principal of Parity Bonds or (2) the issuance of a subsequent series of Future Parity Bonds (when the Reserve Requirement shall be re-calculated). Revenue Fund means, collectively, Water Fund and the Sewerage Fund, each maintained by the City, and shall also include any other fund of the City into which the Revenue of the System is deposited. Revenue of the System or Revenue means all of the earnings and revenues received by the City from the maintenance and operation of the System and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the System, including investment earnings, but excluding government grants, proceeds from the sale of System property, City taxes collected by or through the System, j principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund System obligations (until commingled with other earnings and revenues of the System) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. Revenue of the System shall also include any federal or state reimbursements of operating expenses to the extent such expenses are included as Costs of Maintenance and Operation; provided, however, that 12 Combined Utility System Revenue Bonds, Series 2009 Revenue of the System shall not include ULID Assessments. Amounts withdrawn from the Coverage Stabilization Account shall increase Revenue for the period in which they are withdrawn, and amounts ceposited in the Coverage Stabilization Account shall reduce Revenue for the period during which they are deposited. Credits to or from the Coverage Stabilization Account that occur within 90 days after the end of a fiscal year may be treated as occurring within such fiscal year. Rule means the SEC's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. S&P means Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business, a New York corporation, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, S&P shall be deemed to refer to any other nationally recognized securities rating agency (other than Moody's and Fitch) designated by the Finance Director. rSEC means the Securities and Exchange Commission. System means, for so long as any of the Party Bonds are outstanding: (a) the water collection and distribution system of the City, as it now exists and including all additions, betterments anij extensions at any time made; (b) the sanitary sewage collection and disposal system of the City, as it now exists and including all additions, betterments and extensions at any time made; (c) the storm and surface water utility of the City, as it now exists and including all additions, betterments and extensions at any time made; and (d) any other system or utility, that may lawfully be combined with the foregoing. Tax Maximum means the maximum dollar amount permitted by the Internal Revenue Code of 1986, as amended, incluc ing applicable regulations thereunder, to be allocated to a bond reserve account from bond proceeds without requiring a balance to be invested at a restricted yield. 13 Combined Utility System Revenue Bonds, Series 2009 1 Taxable Bonds means any Bonds determined to be issued on a taxable basis, including any Build America Bonds, pursuant to Section 15(a) of this ordinance. Tax-Exempt Bonds means any Bonds determined to be issued on a tax-exempt basis pursuant to Section 15(a) of this ordinance. Term Bonds means any Bonds designated as term bonds in the Bond Purchase Contract that are payable as to principal, in part, by mandatory sinking fund redemptions prior to their stated maturities. ULID means a utility local improvement district of the City. The City does not currently have any existing utility local improvement districts. ULID Assessments means the assessments levied in all ULIDs, the assessments in which are payable into the Bond Fund, and shall include installments thereof and interest and any penalties thereon. Underwriters mean Piper Jaffray & Co., Barclays Capital Inc. and Siebert Brandford Shank & Co., LLC. Rules of Interpretation. In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include i correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several sections of this ordinance, and any table of contents or marginal notes appended to copies 14 Combined Utility System Revenue Bonds, Series 2009 hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; (e) All references herein to "articles," "sectio s" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof: (f) Words importing the singular number include the plural number and vice versa. SECTION 2. - Findings and Purposes; Plan of Additions and Betterments to the System. The Council hereby finds that it is in the best interest of the City and its ratepayers to combine its wate collection and distribution system, the sanitary sewage collection and d sposal system, and the storm and surface water utility for purposes of paying debt service on Parity Bonds and meeting Parity Bond covenants. 'System" shall hereafter have the meaning for such term set forth in Section 1 of this ordinance. The City Council hereby finds that the public interest, welfare and convenience require the construction, acquisition and installation of certain improvements to the System, including but not lirnited to the improvements listed in Appendix A attached hereto and incorporated herein by this reference (together, the "Projects") and that said improvements are legally required and/or economically sound, and will contribute to the conduct of the business of the System in an efficient manner. The City shall provide all equipment, connections and appurtenances together with all work as may be incidental and necessary to complete the i Projects. The Project facilities shall be integrated into the System as required to provide a fully operational facility. The City may make such changes in or additions to the Projects or in the construction or design of other facilities of the System as may be found necessary or desirable. Implementation or completion of any specified 15 Combined Utility System Revenue Bonds, Series 2009 improvement shall not be required if the City Council determines that, due to substantially changed circumstances, it has become advisable or impractical. If the Projects have either been completed, or its completion duly provided for, or their completion found to be impractical, the City may apply the Bond proceeds or any portion thereof to other improvements to the System, as the City Council in its discretion shall determine. In the event that the proceed of sale of the Bonds, plus any other moneys of the City legally available, are insufficient to accomplish all of the Projects provided by this section, the City shall use the available funds for paying the cost of those improvements for which the Bonds were approved, deemed by the City Council most necessary and to the best interest of the City. The City shall acquire by purchase, lease or condemnation, all property, both real and personal, or any interest therein, or rights-of-way and easements that may be found necessary to acquire, construct and install the Projects. The estimated cost of this plan of additions and betterments and all costs incidental thereto (including costs of issuance of the Bonds and funding of the Reserve Requirement), is hereby declared to be as nearly as practicable the sum of $ , a portion of which shall be provided out of the proceeds of the sale of the Bonds. SECTION 3. - Authorization and Description of Bonds. The City shall now issue and sell one or more series of combined utility system revenue bonds in the aggregate principal amount of not to exceed $[25,000,000] (the "Bonds") for the purpose of paying a portion of the costs of the Project and paying the costs of issuance of the Bonds. The Bonds shall be designated as the "City of Kent, Washington Combined Utility System Revenue Bonds, Series 2009" and with the additional designation of "Taxable" for any series of Taxable Bonds. At the written direction of the Designated Representative, the Registrar shall designate a particular principal amount of Bonds as a series. A series of 16 Combined Utility System Revenue Bonds, Series 2009 Bonds shall be identified by the year of issue and sequent al letters (e.g. Series 2009A, Series 2009B). Upon such designation, such Bonds shall be a series for the purposes of this ordinance, unless and until consolidated or changed to another series designation by written direction of the Designated Representative. The Bonds of each series shall be dated as of their date of original issuance and delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof within a series and maturity, provided that no Bond shall represent more than one series and maturity; shall be numbered separately in such manner and with any additional designation as the Registrar deems necessary for purposes of identification; shall bear interest from their date payable semiannually on the interest payment dates set forth in the Bond Purchase Contract; and shall mature in the years and in the principal amounts as set forth and approNoed in the Bond Purchase Contract executed by the Designated Representative pursuant to Section 15(a) of this ordinance. The Bonds shall be obligations only of the Bond Fund and shall be payable and secured as provided herein. The Bonds do not constitute an indebtedness or general obligation of the City within the meaning of the constitutional provisions and limitations of the State of Washington. SECTION 4. - Registration, Exchanae and Payments. (a) Registrar/Bond Register. The City hereby ad pts the system of registration and transfer for the Bonds approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a bond register to be maintained by the Registrar. So long as any Bonds remain outstanding, the Registrar shall make all necessary provisions to permit the exchange or registration of transfer of Bonds at its principal corporate trust office. The Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Registrar's powers and duties 17 Combined Utility System Revenue Bonds, Series 2009 under this ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. (b) Registered Ownership. The City and the Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 18 of this ordinance), and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(g) hereof, but such Bond may be transferred as herein provided. All such payments made as described in Section 4(g) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letter of Representations. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Letter of Representations. Neither the City nor the Registrar will have any responsibility on obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Registrar or to DTC (or any successor depository), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder (except for purposes of Section 18 of this ordinance), and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. 18 Combined Utility System Revenue Bonds, Series 2009 If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until such Bond is paid. (d) Use of Depository. (1) The Bonds shall be registered initially n the name of "CEDE & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for each series of the Bonds in a denomination corresponding to the total principal therein designated to Mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Designated Representative pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the systern of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Registrar shall, upon receipt of all outstanding rBonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each series and maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such Nritten request of the Finance Director. 19 Combined Utility System Revenue Bonds., Series 2009 (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain such Bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Finance Director shall deliver a written request to the Registrar, together with a supply of definitive Bonds, to issue Bonds r as herein provided in any authorized denomination. Upon receipt by the Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless such Bond is surrendered to the Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, series, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, series, maturity and interest rate, in any authorized denomination. The Registrar shall not 20 Combined Utility System Revenue Bonds, Series 2009 t be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. (f) Registrar's Ownership of Bonds. The Registrar may become the Registered Owner of any Bond with the same rights it Would have if it were not the Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Place and Medium of Payment. The principal of and interest on the Bonds shall be payable in lawful money of the U iited States of America. Interest on the Bonds shall be calculated on the basis of a 360- day year and twelve 30-day months. For so long as all Bonds are in fully-immobilized form, such payments of principal and i terest thereon shall be made as provided in the operational arrangements of DTC as referred to in the Letter of Representations. In the event that the Bonds are no longer in fully-im nobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners of the Bonds at the addresses for s ch Registered Owners appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Registrar. SECTION 5. - Redemption and Purchase. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds may be called for redemption at any time prior to scheduled maturity under terms approved by the Designated Representative in the Bond Purchase Contract pursuant to Section 15(a) of this ordinance. (b) Purchase of Bonds for Retirement. The City re erves the right to use at any time any surplus Revenue of the System available after 21 Combined Utility System Revenue Bonds;, Series 2009 providing for the payments required by paragraphs First, through Fifth of Section 6 of this ordinance, or other available funds, to purchase for retirement any of the Bonds at any price deemed reasonable by the City. (c) Effect of Purchase. To the extent that the City shall have purchased any Balloon Maturity Bonds or Term Bonds since the last scheduled mandatory redemption of such Balloon Maturity Bonds, the City may reduce the principal amount of such Balloon Maturity Bonds or Term Bonds to be redeemed in like principal amount. Such reduction may be applied in the year specified by the Finance Director. (d) Selection of Bonds for Redemption. Except to the extent that another method is prescribed in the Bond Purchase Contract, as long as the Bonds are held in book-entry only form, the maturities of the Bonds to be redeemed shall be selected by the City and, within a series and maturity, the selection of the Bonds of such series to be redeemed shall be made in accordance with the operational arrangements in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed shall be made as provided in this subsection (d). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected randomly or as otherwise specified in the Bond Purchase Contract (or in such other manner determined by the Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. If Bonds are called for optional redemption, portions of the principal amount of such Bonds, in installments of $5,000 or any integral multiple of $5,000, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of such Bond at the principal office of the Registrar, there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed t 22 Combined Utility System Revenue Bonds, Series 2009 balance of the principal amount thereof, a new Bond or Bonds, at the option of the Registered Owner, of like series, maturity and interest rate in any denomination authorized by this ordinance. (e) Notice of Redemption. (1) Official Notice. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which notice may be conditional) shall be given by the Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 15 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be 1 redeemed, (D) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (E) the place where such Bonds, are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Registrar. On or prior to any redemption date, the City shall d posit with the Registrar an amount of money sufficient to pay the redemp ion price of all the Bonds or portions of Bonds which are to be redeemec on that date, unless the redemption notice specified a conditional redemption and the jcondition was not fulfilled. 23 Combined Utility System Revenue Bonds*, Series 2009 (2) Effect of Notice; Bonds Due. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of the same series and maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. The City will not provide notices of redemption to beneficial owners of any Bond, and notice to DTC in accordance with this section shall constitute sufficient notice. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 15 days before the redemption date to the each party entitled to receive notice pursuant to Section 18, and to the Underwriter or to its business successor, if any, and to such persons and with such additional information as the Finance 24 Combined Utility System Revenue Bonds, Series 2009 1 Director shall deem appropriate, but such mailings shall no be a condition precedent to the redemption of such Bonds. (4) CUSIP Numbers. Upon the payment of the redemption price of Bonds being redeemed, each check or other tr nsfer of funds issued for such purpose shall bear the CUSIP number iden ifying, by issue and maturity, the Bonds being redeemed with the procee s of such check or other transfer. (5) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to t e information to be included in redemption notices and the persons desig ated to receive notices, may be amended by additions, deletions and ch nges in order to maintain compliance with duly promulgated r gulations and recommendations regarding notices of redemption of mun cipal securities. SECTION 6. - Revenue Fund• Priority of ADDlica ion of Revenue Coverac7e Stabilization Account,• Contract Resource Obli a ions. (a) Revenue Fund. All Revenue of the System hall be deposited in the Revenue Fund (the "Revenue Fund"). The C ty maintains the Revenue Fund as a separate enterprise fund of the City. Notwithstanding the foregoing, the Finance Director may maintain such s parate funds and accounts in such names and under such additional desig ations as shall be required to comply with the City practices and/or niform system of accounting established by the State Auditor from time to time. (b) Priority of Application of Revenue of t e System. The Revenue Fund shall be held separate and apart from II other funds and accounts of the City and the Revenue of the System deposited in such Fund shall be used only for the following purposes a d in the following order of priority: First, to pay the Costs of Maintenance a d Operation of the System; Second, to pay the interest on any Pari y Bonds, including reimbursements to the issuer of a Qualified Letter o Credit or Qualified 25 Combined Utility System Revenue onds, Series 2009 Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement and, without duplication, to make regularly scheduled payments due with respect to any Parity Derivative Product; Third, to pay the principal of any Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of principal of Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; Fourth, to make all payments required to be made into the Reserve Account for Covered Bonds and to any reserve account created in the future for the payment of debt service on Future Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance has been issued to fund the Reserve Requirement and/or the reserve requirement(s) for any Future Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; Fifth, to make all payments required to be made into any revenue bond redemption fund or revenue warrant redemption fund and debt service fund or reserve account created to pay and secure the payment of the principal of and interest on Government Loans and any other revenue bonds or revenue warrants of the City having a lien upon the Revenue of the System junior and inferior to the lien thereon for the payment of the principal of and interest on Parity Bonds; and Sixth, to retire by redemption or purchase any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the System, or Seventh, for any other lawful City purposes. 26 Combined Utility System Revenue Bonds, Series 2009 The City may transfer any money from any funds or accounts of the System legally available therefor, except bond redemption funds, refunding escrow funds or defeasance funds, to meet the required payments to be made into the Bond Fund. Notwithstanding the foregoing, the obligations of the City to make nonscheduled payments under a Parity Derivative Product (i.e., any termination payment or other fees) and/or make any payment pursuant to an Other Derivative Product may be payable from Revenue of the System available after Sixth above, as set forth in such Parity Derivative Product or Other Derivative Product. (c) Coverage Stabilization Account. The Fina ce Director is hereby authorized to create a Coverage Stabilization Acc unt within the Revenue Fund. The City hereby determines that the maintenance of a Coverage Stabilization Account will moderate fluctuations ill Net Revenues and help to alleviate the need for short-term rate adjustm nts. Money in the Coverage Stabilization Account will be transferred as determined from time to time by the City. The City may make payments into the Coverage Stabilization Account from the Revenue Fund at any time. Money in the Coverage Stabilization Account may be withdrawn at any time and used for the purpose for which the Revenue of the System may be Lised. Amounts withdrawn from the Coverage Stabilization Account shall increase Revenue of the System for the period in which they are withdrawn, and amounts deposited in the Coverage Stabilization Account shall reduce Revenue of the System for the period during which they are deposited. Credits to or from the Coverage Stabilization Account that occur within 9 days after the end of a fiscal year may be treated as occurring within such fiscal year. Earnings on the Coverage Stabilization Account shall be credited to the Revenue Fund. (d) Contract Resource Obligations. The City may at any time enter into one or more contracts or other obligations for the acquisition, from facilities to be constructed, of water, sewer or storm water supply, 27 Combined Utility System Revenue Bonds,, Series 2009 transmission, treatment or other commodity or service relating to the System. The City may determine that such contract or other obligation is a Contract Resource Obligation, and may provide that all payments under that Contract Resource Obligation (including payments prior to the time that water, sewer or storm water supply, transmission, treatment or other commodity or service is being provided, or during a suspension or after termination of supply or service) shall be Costs of Maintenance and Operation if the following requirements are met at the time such Contract Resource Obligation is entered into: (1) The City shall not be in default with respect to any obligations of it under this ordinance. (2) There shall be on file a certificate of a Consultant stating that (A) the payments to be made by the City in connection with the Contract Resource Obligation are reasonable for the supply, transmission, treatment or other service rendered; (B) the source of any new supply, and any facilities to be constructed to provide the supply, transmission, treatment or other service, are sound from a water, sewer or storm water or other commodity supply or transmission planning standpoint, are technically and economically feasible in accordance with prudent utility practice, and are likely to provide supply or transmission or other service no later than a date set forth in the Consultant's certification; and (C) the Net Revenue (further adjusted by the Consultant's estimate of the payments to be made in accordance with the Contract Resource Obligation) for the five fiscal years following the year in which the Contract Resource Obligation is incurred, as such Net Revenue is estimated by the Consultant (with such x estimate based on such factors as he or she considers reasonable), will be at least equal to the Parity Requirement. Payments required to be made under Contract Resource Obligations shall not be subject to acceleration. Nothing in this Section 6(d) shall be deemed to prevent the City from entering into other agreements for the acquisition of water supply, 28 Combined Utility System Revenue Bonds, Series 2009 transmission, treatment or other commodity or service from existing facilities and from treating those payments as Costs of M intenance and Operation of the System so long as such service is actually being supplied. Nothing in this Section 6(d) shall be deemed to prevent the City from entering into other agreements for the acquisition of water, sewer or storm water supply, transmission, treatment or other commodity or service from facilities to be constructed and from agreeing to make payments with respect thereto, such payments constituting a lien and charge on Net Revenue subordinate to that of Parity Bonds. SECTION 7. - Bond Fund and Reserve Account. The Finance Director is hereby authorized to establish the City of Ken Revenue Bond Fund for the payment of the debt service on all Parity B nd (the "Bond Fund"). The Finance Director is also hereby authorized o establish the Debt Service Reserve Account (the "Reserve Account") ithin the Bond Fund as a common reserve, securing the repayment of the Bonds and any Future Parity Bonds that are designated as Covered Bonds n the ordinance authorizing their issuance (inclusively, "Covered Bonds"). (a) Payments into Bond Fund. The Bond Fund shall be maintained for the purpose of paying the principal of an interest on all Parity Bonds. As long as any Parity Bond remains outstanding, he City hereby irrevocably obligates and binds itself to set aside and pay from the Revenue Fund into the Bond Fund those amounts necessa , together with such other funds as are on hand and available in the Bond und, to pay the interest or principal and interest next coming due on o tstanding Parity Bonds and to pay regularly scheduled net payments on arity Derivative Products. Such payments from the Revenue Fund to the Bond Fund shall be made in a fixed amount without regard to any fixed pro ortion following the closing and delivery of the Bonds on or before each date on which an installment of interest or principal and interest falls due on Parity Bonds equal to the installment of interest or principal and interes . 29 Combined Utility System Revenue Bon s, Series 2009 The Finance Director is hereby authorized and directed and the City hereby obligates and binds itself to set aside and pay into the Bond Fund all ULID Assessments as the same are collected. (b) Payments into Reserve Account. The Reserve Account shall be maintained for the purpose of securing the payment of the principal of and interest on all Covered Bonds. The City covenants and agrees that within three years from and after the closing and delivery of the Bonds, it shall establish and thereafter at all times shall maintain an amount in the Reserve Account at least equal to the Reserve Requirement, except for withdrawals therefrom authorized hereinafter, for so long as any Covered Bonds remain outstanding. The Reserve Requirement may be maintained by deposits of cash, a Qualified Letter of Credit or Qualified Insurance, or a combination of the foregoing. In computing the amount on hand in the Reserve Account, Qualified Insurance and/or a Qualified Letter of Credit shall be valued at the face amount thereof, and all other obligations purchased as an investment of moneys therein shall be valued at cost. As used herein, the term "cash" shall include U.S. currency, cash equivalents and evidences thereof, including demand deposits, certified or cashier's check; and the deposit to the Reserve Account may be satisfied initially by the transfer of qualified investments to such account. Upon the closing and delivery of the Bonds, the City will deposit cash into the Reserve Account in an amount equal to the one-twelfth of the Reserve Requirement for the Covered Bonds and thereafter shall deposit the remainder of the Reserve Requirement in approximately equal quarterly installments so that on the date that is three years from the date of issuance of the Bonds there will have been deposited into the Reserve Account an amount that, together with the money already on deposit therein, will be at least equal ' to the Reserve Requirement. Such quarterly payments into the Reserve Account shall be made not later than January 1, April 1, July 1, and October 1 of each year, commencing January 1, 2010. 30 Combined Utility System Revenue Bonds, Series 2009 I In the event the City issues any Future Parity Bonds that are Covered Bonds, it will provide in the ordinance authorizing the issuance of the same for payment into the Reserve Account out of p oceeds of such Future Parity Bonds, Revenue of the System or ULID Ass ssments (or, at the option of the City, out of any other funds on hand and legally available I therefor) approximately equal quarterly installments so t at by the date that is three years from the date of issuance of such Fut re Parity Bonds there will have been deposited into the Reserve Account n amount that, together with the money already on deposit therein, will b at least equal to the Reserve Requirement. Such quarterly payments i to the Reserve Account shall be made not later than January 1, April 1, July 1, and October 1 of each year. If the balances on hand in the Reserve Account re sufficient to satisfy the Reserve Requirement, interest earnings shall be applied as provided in the following sentences. Whenever there is a s fficient amount in the Bond Fund, including the Reserve Account to pay the rincipal of and rinterest on all outstanding Covered Bonds, the money n the Reserve Account may be used to pay such principal and interest. As long as the money left remaining on deposit in the Reserve Account s equal to the Reserve Requirement, money in the Reserve Account may be transferred to the Bond Fund and used to pay the principal of and inte st on Covered Bonds as the same becomes due and payable. The City al o may transfer out of the Reserve Account any money required in order o prevent any Parity Bonds from becoming "arbitrage bonds" under the Co e. If a deficiency in the Bond Fund for the payment of ebt service on Covered Bonds shall occur, such deficiency shall be mad up from the Reserve Account by the withdrawal of cash therefrom for th t purpose and by the sale or redemption of obligations held in the Rese a Account, in such amounts as will provide cash in the Reserve Accou t sufficient to make up any such deficiency with respect to Covered B nds, and if a deficiency still exists immediately prior to an interest pay ent date and 31 Combined Utility System Revenue Bonds Series 2009 after the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit or Qualified Insurance for Covered Bonds in sufficient amount to make up the deficiency. Such draw shall be made at such times and under such conditions as the agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. In making the payments and credits to the Reserve Account required by this Section 7(b), to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for specific amounts required pursuant to this section to be paid out of the Reserve Account such amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited against the amounts required to be maintained in the Reserve Account by this Section 7(b) to the extent that such payments and credits to be made are insured by an insurance company, or guaranteed by a letter of credit from a financial institution. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up within three years of the date of withdrawal from Net Revenues or from ULID Assessments (or out of any r other moneys on hand legally available for such purpose), in equal quarterly installments on each January 1, April 1, July 1 and October 1, after making necessary provision for the payments required to be made into the Bond Fund within such year. Any Qualified Letter of Credit or Qualified Insurance shall not be cancelable on less than 30 days' notice to the City. In the event of any cancellation, the Reserve Account shall be funded as if the Covered Bonds that remain outstanding had been issued on the date of such notice of cancellation. In the event that the City elects to meet the Reserve Requirement through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device, the City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device that the City's reimbursement 32 Combined Utility System Revenue Bonds, Series 2009 obligation, if any, to such entity shall be made from paym nts of P P rinci al and interest on Covered Bonds from the City subject only lo the prior lien thereon for the payments required hereunder to be made to registered owners of Parity Bonds. (c) Priority of Lien of Payments into Bond FunJ and Reserve Account. The amounts so pledged to be paid into the Bond Fund and the Reserve Account from the Revenue Fund and from ULID Assessments are hereby declared to be a prior lien and charge upon the kevenue of the System and ULID Assessments superior to all other charge of any kind or nature whatsoever except the Costs of Maintenance and Cperation of the System, and except that the amounts so pledged are of equal lien to the charges upon such Revenue of the System and ULID Assessments for the payment of the principal of and interest on any Future Parity Bonds. (d) Application and Investment of Moneys in the Bond Fund and Reserve Account. Money in the Bond Fund and Reserve Account may be kept in cash or invested as permitted by law. Investments in the Bond Fund shall mature prior to the date on which such money shall be needed for required interest or principal payments (for investments in the Bond Fund) or having a guaranteed redemption price prior to maturity. Investments in the Reserve Account shall mature not later than the last maturity of any then outstanding Parity Bonds. (e) Sufficiency of Revenues. The City Council hereby finds that in fixing the amounts to be paid into the Bond Fund and the Reserve Account out of the Revenue of the System, it has exercised due regard for the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into the Bond Fund and the Reserve Acc unt a greater amount of such Revenue than in its judgment will be available over and above the Costs of Maintenance and Operation. 33 Combined Utility System Revenue Bonds;, Series 2009 SECTION S. - S12ecific Covenants. (a) Rate Covenant. The City will establish, maintain and collect such rates and charges for service of its System for so long as any Bonds are outstanding as will maintain the Rate Covenant. (b) System Maintenance. The City will at all times maintain and keep the System in good repair, working order and condition, and also will at all times operate such utility and the business in connection therewith in an efficient manner and at a reasonable cost. , (c) Disposal of Properties. The City will not mortgage, sell, lease, or in any manner encumber or dispose of all or substantially all the property of the System (voluntarily or involuntarily), unless provision is made for payment into the Bond Fund of a sum sufficient to pay the principal of, premium, if any, and interest on all outstanding bonds payable therefrom, nor will it mortgage, sell, lease, or in any manner encumber or dispose of (including but not limited to a disposition by transfer to another public or private organization) voluntarily or involuntarily any part of the System that is used, useful and material to the operation of the System i unless (1) the City certifies, based upon reasonable expectations, that the remaining assets of the System shall be sufficient to continue regular operations of the City on a financially sound basis for a period of at least five years and (2) provision is made for replacement thereof or for payment into the Bond Fund of the total amount of revenue received which shall not be less than an amount which shall bear the same ratio to the amount of outstanding Parity Bonds as the greater of (A) the Net Revenue available for Debt Service for such outstanding Parity Bonds for the 12 months preceding such sale, lease, encumbrance or disposal from the portion of the System sold, leased, encumbered or disposed of bears to the Net Revenue available for 34 Combined Utility System Revenue Bonds, Series 2009 Debt Service for such Parity Bonds from the entire System for the same period; (B) the Revenue of the System fo the 12 months preceding such sale, lease, encumbrance or disposal fr m the portion of the System sold, leased, encumbered or disposed of bea s to the Revenue of the System for the same period; (C) the proportion of assets (on a epreciated basis) allocable to the assets being sold, leased, encumbered or isposed of bears to the total assets of the System; or (D) the proportion of customers of he City allocable to the assets being sold, leased, encumbered or dispose of bears to the total number of customers of the System, provided, however, that the City may dispose of any portion of the facilities of the System up to an aggregate of ten percent of the hook value of the total assets of the System without the requirement for a y deposit to the Bond Fund as hereinabove provided. Any such moneys so paid into the Bond Fund shall a used to retire such outstanding Parity Bonds at the earliest possible d te. Any money received by the City as condemnation awards, insurance proceeds or the proceeds of sale, if not deposited to the Bond Fund, shall be used for the replacement of facilities of the System. (d) Books and Records. The City will, while ar y of the Bonds remains outstanding, keep proper and separate account and records in which complete and separate entries shall be made of all transactions relating to the System, and it will furnish the origin I purchaser or purchasers of the Bonds or any subsequent owner or ow ers thereof, at the written request of such owner or owners, complet operating and income statements of the System in reasonable detail co ering any fiscal iyear, showing the financial condition of the water and se er departments and compliance with the terms and conditions of this ordi ance, not more than 150 days after the close of such fiscal year, and i will grant any 35 Combined Utility System Revenue Bon , Series 2009 owner or owners of at least 25% of the outstanding Bonds the right at all reasonable times to inspect the entire System and all records, accounts and data of the City relating thereto. Upon request of any owner of any of said Bonds, it will also furnish to such owner a copy of the most recently completed audit of the City's accounts by the State Auditor of Washington or independent certified public accountant. (e) No Free Service. The City will not furnish water or sanitary sewerage disposal service to any customer whatsoever free of charge (except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials) and will promptly take legal action to enforce collection of all delinquent accounts. (f) Property Insurance. The City will at all times carry fire and extended coverage and such other forms of insurance on the buildings, r equipment, facilities and properties of the System, if such insurance is obtainable at reasonable rates and upon reasonable conditions, against such risks, in such amounts, and with such deductibles as the City Council shall deem necessary for the protection of the System and the owners of all outstanding Parity Bonds. (g) Liability Insurance. The City will at all times keep and arrange to keep in full force and effect policies of public liability and property damage insurance which will protect the City against anyone claiming damages of any kind or nature arising out of the operation of the System, if such insurance is obtainable at reasonable rates and upon reasonable ' conditions, in such amounts and with such deductibles as the City Council shall deem necessary for the protection of the City and the owners of the outstanding Parity Bonds. (h) Delinquencies of Accounts. The City will, on or before March 1 of each calendar year, determine all accounts that are delinquent and will take all necessary action to enforce payment of any such delinquencies. (i) ULID Assessments. All ULID Assessments shall be paid into the Bond Fund and shall be used to pay and secure the payment of the 36 Combined Utility System Revenue Bonds, Series 2009 principal of and interest on the Bonds and Future Parity Bonds. Nothing in this ordinance or this section shall be construed to prohib t the City from issuing water, sewer or water and sewer revenue bonds junior in lien to the Bonds and pledging as security for their payment assessments levied in any ULID which may have been specifically created to pay part of the cost of improvements to the System for which those junior lien bonds were specifically issued. SECTION 9. - Tax Covenants. (a) Tax-Exemption. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Tax-Exempt Bonds and will take or require to be taken such acts as ma reasonably be within its ability and as may from time to time be required L nder applicable law to continue the exemption from federal income taxatior of the interest on the Tax-Exempt Bonds. (b) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bons or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Bonds to the initial purchasers thereof, wou d have caused the Bonds as arbitrage bonds within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified o any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (c) Private Person Use Limitation for Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: 37 Combined Utility System Revenue Bonft Series 2009 (1) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. , The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds r are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof ' that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the Projects, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the r state or local governmental use portion of the project to which the Private Person Use of such portion of the Projects relates. The City further covenants that it will comply with any limitations on the use of the projects by other than state and local governmental users that are necessary, in the r 38 Combined Utility System Revenue Bonds, Series 2009 opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on 1 the Bonds. (d) No Designation under Section 265(b) of the ode. The City has not designated the Bonds as "qualified tax-exempt ob igations" under Section 265(b)(3) of the Code for investment by financial in titutions. (e) Modification of Tax Covenants. The provision of this section ' may be modified or eliminated without any requirem nt for formal amendment thereof upon receipt of an opinion of the City s bond counsel that such modification or elimination will not adversely affed the treatment of interest on any Bonds. SECTION 10. - Issuance of Future Parity Bonds. (a) Conditions upon the Issuance of Future Parity onds. As long as any of the Bonds remain outstanding, the City hereby fu her covenants ' and agrees that it will not issue any Future Parity Bonds xcept that the City hereby reserves the right to issue additional combine utility system revenue bonds, which shall constitute a charge and lien up n the Revenue of the System equal to the lien thereon of the Bonds. Exc pt as provided in subsection (b) below, the City shall not issue any series f Future Parity Bonds or incur any additional indebtedness with a parity lie or charge on Net Revenues (i.e., on a parity of lien with Parity Bon s at the time outstanding) unless: (1) the City shall not have been in defa It of its Rate Covenant for the immediately preceding fiscal year; (2) The ordinance authorizing the issuance f such Future Parity Bonds shall include the covenants provided in Secti n 8(b) hereof and provide that the Reserve Requirement shall be funded no later than three years from the date of delivery of the Future Parity Bo ds; and ' (3) there shall have been filed a certificat (prepared as described in subsection (c) or (d) below) demonstrating ful illment of the 39 Combined Utility System Revenue Bonds Series 2009 Parity Requirement, commencing with the first full fiscal year following the date on which any portion of interest on the series of Future Parity Bonds then being issued no longer will be paid from the proceeds of such series of Future Parity Bonds. (b) No Certificate Required. The certificate described in the foregoing subsection (a)(3) shall not be required as a condition to the issuance of Future Parity Bonds: (1) if the Future Parity Bonds being issued are for the purpose of refunding at or prior to their maturity any part or all of the then ' outstanding Parity Bonds for debt service savings, and if the Finance Director provides a provides a certificate stating that upon the issuance of r such Future Parity Bonds (i) total debt service on all Parity Bonds (including the refunding bonds but not including the bonds to be refunded ' thereby) will decrease, and (ii) the Annual Debt Service for each year that any Parity Bonds (including the refunding bonds proposed to be issued) will ' be outstanding will not increase by more than $5,000 by reason of the issuance of such Future Parity Bonds; or (2) if the Future Parity Bonds are being issued to pay costs of construction of facilities of the System for which Future Parity Bonds have been issued previously and the principal amount of such Future Parity Bonds being issued for completion purposes does not exceed an amount equal to an aggregate of 15% of the principal amount of Future Parity Bonds theretofore issued for such facilities and reasonably allocable to the facilities to be completed as shown in a written certificate of the Finance Director, and there is delivered a Designated Representative's certificate stating that the nature and purpose of such facilities has not materially changed. ' (c) Certificate of the City Without A Consultant. If required pursuant to the foregoing subsection (a)(3), a certificate may be delivered by the City (executed by the Finance Director) without a Consultant if Net Revenues for the Base Period (confirmed by an audit) conclusively 40 Combined Utility System Revenue Bonds, Series 2009 demonstrate that the Parity Requirement will be fulfilled c mmencing with the first full fiscal year following the date on which any portion of interest on the series of Future Parity Bonds then being issued will not be paid from the proceeds of such series of Future Parity Bonds. (d) Certificate of a Consultant. Unless compliance with the requirements of subsection (a)(3) have been otherwise satisfied (as provided in (b) or (c) above), compliance with the Parity Requirement shall be demonstrated conclusively by a certificate of a Consultan . In making the computations of Net Revenues for he purpose of certifying compliance with the Parity Requirement, the Consultant shall use as a basis the Net Revenues (which may be based upon unaudited financial statements of the City if the audit has not yet been completed) for the ' Base Period. Such Net Revenues shall be determined by adding the following: (1) The historical net revenue of the City for the Base Period being issued as determined by a Consultant. (2) The net revenue derived from those customers of the City that have become customers during such 12-m nth period or rthereafter and prior to the date of such certificate, adjusted to reflect a full year's net revenue from each such customer to the extent such net revenue was not included in (1) above. (3) The estimated annual net revenue to be derived from tany person, firm, association, private or municipal corporation under any executed contract for service, which net revenue was not included in any of the sources of net revenue described in this subsection (d). (4) The estimated annual net revenue to be derived from the operation of any additions or improvements to or extensions of the City under construction but not completed at the time of such certificate and not being paid for out of the proceeds of sale of such Futul a Parity Bonds being issued, and which net revenue is not otherwise includE d in any of the sources of net revenue described in this subsection (d). 41 Combined Utility System Revenue Bond , Series 2009 (5) The estimated annual net revenue to be derived from the operation of any additions and improvements to or extensions of the City being paid for out of the proceeds of sale of such Bonds being issued. In the event the City will not derive any revenue as a result of the construction of the additions, improvements or extensions being made or to be made to the System within the provisions of subparagraphs (4) and (5) immediately above, the estimated normal Costs of Maintenance and Operation (excluding any transfer of money to other funds of the City and license fees, taxes and payments in lieu of taxes payable to the City) of such additions, improvements and extensions shall be deducted from estimated annual net revenue. The words "historical net revenue" or "net revenue" as used in this subsection (d) shall mean the Revenue or any part or parts thereof less the ' normal expenses of maintenance and operation of the System or any part or parts thereof, but before depreciation. Such "historical net revenue" or "net revenue" shall be adjusted to reflect the rates and charges effective on the date of such certificate if there has been any change in such rates and charges during or after such 12-consecutive-month period. (e) Subordinate Lien Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds or other obligations which are a charge upon the Revenue of the System junior or inferior to the payments required by this ordinance to be made out of such Revenue to pay and secure the payment of any outstanding Parity Bonds. Such junior or inferior obligations shall not be subject to acceleration. This prohibition j against acceleration shall not be deemed to prohibit mandatory tender or other tender provisions with respect to variable rate obligations or to prohibit the payment of a termination amount with respect to an Other Derivative Product or a Parity Derivative Product. 42 Combined Utility System Revenue Bonds, Series 2009 (f) Refunding Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds to refund maturing Parity Bonds for the payment of which moneys are not otherwise available. SECTION 11. - Form of Bonds. The Bonds shall be in substantially the following form, with appropriate or necessary insertions, depending ' upon the omissions and variations as permitted or requiredhereby: UNITED STATES OF AMERICA No. $ STATE OF WASHINGTON CITY OF KENT COMBINED UTILITY SYSTEM REVENUE BOND, SERIES 2009 _] [TAXABLE] INTEREST RATE: MATURITY DATE: C SIP NO.: REGISTERED OWNER: CEDE & Co. PRINCIPAL AMOUNT: The City of Kent, Washington, a municipal corporatiop organized and existing under and by virtue of the laws of the State of Washington (herein called the "City") hereby acknowledges itself to owe and for value received promises to pay, but only from the sources and as hereinafter provided, to ' the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indic ted above and to pay interest thereon from , 2001), or the most recent date to which interest has been paid or duly prov ded for, at the Interest Rate set forth above, payable on December 1, 2009, and semiannually thereafter on the first days of each June and December until such principal sum is paid or payment has been duly provided for. Both principal of and interest on this bond are pi yable in lawful money of the United States of America. Interest and princi al shall be paid as provided in the Blanket Issuer Letter of Representation (the "Letter of Representations") by the City to The Depository Trust Co pany ("DTC"). ' The fiscal agency of the State of Washington has been a pointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Registrar"). Capitalized terms used in th s bond that are not specifically defined have the meanings given such terms in Ordinance No. of the City (the "Bond Ordinance"). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the security forte bonds of this issue, the funds or revenues pledged, and the terms and conditions upon which such bonds are issued. ' 43 Combined Utility System Revenue Bonds,, Series 2009 This bond is one of an authorized issue of bonds of the City of like date and tenor except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of $ . This issue of bonds is authorized by the Bond Ordinance for the purposes of financing capital improvements to the combined water and sewer system of the City. This bond and the bonds of this issue are payable solely from the special funds of the City defined as the "Bond Fund" in the Bond Ordinance. The City has irrevocably obligated and bound itself to pay into the Bond ' Fund out of the Revenue of the System or from such other moneys as may be provided therefor certain amounts necessary to pay and secure the payment of the principal and interest on such bonds. The bonds of this ' issue are not general obligations of the City. The City has not designated the bonds of this issue as qualified tax- exempt obligations for purposes of Section 265(b) of the Internal Revenue Code of 1986. The bonds of this issue are not private activity bonds. The bonds of this issue are issued under and in accordance with the i provisions of the Constitution and applicable statutes of the State of Washington and duly adopted ordinances of the City. The City hereby covenants and agrees with the owner of this bond that it will keep and perform all the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants. The City does hereby pledge and bind itself to set aside from the Revenue Fund out of the revenue of the System and to pay into the Bond , Fund and the Reserve Account the various amounts required by the Bond Ordinance to be paid into and maintained in such Fund and account, all within the times provided by the Bond Ordinance. To the extent more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the Revenue Fund out of the revenue of the System into the Bond Fund and the account therein shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the Outstanding Parity Bonds and the amounts required to pay and secure the payment of revenue bonds of the City hereafter issued on a parity with the bonds of , this issue and superior to all other liens and charges of any kind or nature except the Costs of Maintenance and Operation of the System. The pledge of Revenue of the System and other obligations of the City under the Bond Ordinance may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the making of provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. 44 Combined Utility System Revenue Bonds, Series 2009 The bonds of this issue are subject to redemption prior to their stated maturities in accordance with the terms set forth in the Bond ' Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordnance until the Certificate of Authentication hereon shall have been manual y signed by the Registrar. ' It is hereby certified that all acts, conditions, and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done, and performed precedent to and in the issuance of this bond have happened, been done, and performed. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or manual signature of the City Clerk and the seal of the City to be impressed, imprinted or otherwise reproduced hereon, all as of this day of , 2009. CITY OF KENT, WAS INGTON [SEAL] By s facsimile or manual Mayor ATTEST: /s/ facsimile or manual Clerk ' The Registrar's certificate authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: , 2009 This bond is one of the bonds described in the wi hin-mentioned Bond Ordinance and is one of the Combined Utility System Revenue Bonds, Series 2009[_] [Taxable], dated 2009 of tt a City of Kent, Washington. WASHINGTON STATE FISCAL ' AGENCY, Registrar By AuthorizE d Signer ' 45 Combined Utility System Revenue Bonds,,, Series 2009 SECTION 12. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, shall be attested by the manual or facsimile signature of the Clerk, and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication ' in the form hereinbefore recited, manually executed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated, and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Registrar, or ' issued by the City, such Bonds shall be valid nevertheless and may be issued by the City with the same effect as though the persons who had executed such Bonds had not ceased to be such officers. SECTION 13. - Defeasance. In the event that money and/or ' Governmental Obligations maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any bonds payable out of the Bond Fund in accordance with their terms are irrevocably set aside in a special account to effect such redemption and retirement, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bonds and the owner of such Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the funds so set aside and ' pledged, and such Bonds shall be deemed not to be outstanding hereunder. Within 45 days of any defeasance of Bonds, the City shall provide notice of defeasance of Bonds to Registered Owners of Bonds being 46 ' Combined Utility System Revenue Bonds, Series 2009 i defeased and to each party entitled to receive notice under Section 18 of this ordinance. SECTION 14. - Lost or Destroyed Bonds. In case any Bonds shall be lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the owner thereof upon the owner's paying the expenses and charges of the Registrar and the City in connection therewith and upon his filing with the Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his ownership thereof, and upon furnishing the City and the Registrar with indemnity satisfactory to both. SECTION 15. - Sale of Bonds• Bond Insurance. (a) Sale of Bonds. The Bonds shall be sold in one or more series at negotiated sale to the Underwriters pursuant to the terms of the Bond Purchase Contract. The Designated Representative is hereby authorized to negotiate terms for the purchase of the Bonds and execute the Bond Purchase Contract, with such terms as are approved by such person pursuant to this section and consistent with this ordinance. The Underwriters have advised the City Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the City Council. The City Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to determine whether the Bonds shall be issued and sold in one or more series, determine whether any or all of the Bonds shall be issued as Tax-Exempt Bonds or as Taxable Bonds, approve the Tina interest rates, aggregate principal amount, principal amounts of each Maturity of the Bonds and redemption rights. The Designated Representative is hereby authorized to determine whether the Bonds shall be issued and sold in one or more series, determine whether any or all of the Bonds shall be issued as Tax-Exempt Bonds or as Taxable Bonds, approve the fina interest rates, 47 Combined Utility System Revenue Bond , Series 2009 aggregate principal amount, principal maturities and redemption rights for the Bonds in the manner provided hereafter so long as (a) the aggregate principal amount of the Bonds does not exceed $[25,000,000]; and (b) the true interest cost for the Bonds (in the aggregate) does not exceed %. I In determining the number of series, tax designation, whether or not to proceed with bond insurance and determining the final interest rates, aggregate principal amounts, principal maturities and redemption rights, the Designated Representative, in consultation with City staff, shall take into account those factors that, in his judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited ] to current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in this Section 15, the Designated Representative is hereby authorized to execute the final form of the Bond Purchase Contract, upon the Designated Representative's approval of the number of series, tax designation, final interest rates, aggregate principal amount, principal maturities and redemption rights set forth therein. Following the execution of the Bond Purchase Contract, the Designated Representative shall provide a report to the City Council, describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 15 shall expire [120 days] after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within [120 days] after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the City Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or 48 Combined Utility System Revenue Bonds, Series 2009 establishing terms and conditions for the authority deleg ted under this Section 15. Upon the passage and approval of this ordinance, the proper officials of the City including the Designated Representative, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter thereof and furth r to execute all closing certificates and documents required to effect t e closing and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. The Designated Representative is authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the Official tatement (and any Preliminary Official Statement) (both as defined in the Bond Purchase Contract) relating to the issuance and sale of the onds and the distribution of the Official Statement pursuant thereto with uch changes, if any, as may be deemed by him or her to be appropriate. (b) Bond Insurance Policy. The Designated R presentative is j hereby further authorized and directed to solicit proposals from municipal bond insurance companies for the issuance of a Bond Insu ance Policy. In the event that the Designated Representative receives m Itiple proposals, the Designated Representative may select the proposal h ving the lowest cost and resulting in an overall lower interest cost with respect to the Bonds. The Designated Representative may execute a commitment received from the Insurer selected by the Designated Rep esentative. The City Council further authorizes and directs all proper fficers, agents, attorneys and employees of the City to cooperate wit the Insurer in preparing such additional agreements, certificate , and other �j documentation on behalf of the City as shall be necessa or advisable in providing for the Bond Insurance Policy. E T i - i f the SCION 6. �plicat on of Bond Proceeds. The proceeds o Bonds shall be deposited in the Project Funds in the amounts specified in the closing memorandum prepared in connection with th issuance of the 49 Combined Utility System Revenue Bon s, Series 2009 Bonds. Such proceeds shall be used to pay the costs of or reimbursement for the costs of the Projects and costs of issuance of the Bonds. The Finance Director shall invest money in the Project Funds in such obligations as may now or hereafter be permitted to cities of the State by law and which will mature prior to the date on which such money shall be needed. Upon completion of the Projects, Bond proceeds (including interest earnings thereon) may be used for other approved capital projects of the System or shall be transferred to the Bond Fund. The City may deposit proceeds of the Bonds or other available funds of the City in the Reserve Fund to meet the requirements of Section 8 hereof, or alternatively, may acquire Qualified Insurance or a Qualified Letter of Credit to satisfy such requirement. SECTION 17. - Derivative Products. The City hereby reserves the right to enter into Parity Derivative Products and Other Derivative Products. The City may amend this ordinance to accommodate new or modified definitions of Debt Service in connection with a Parity Derivative Product, to implement the City's intent that regularly scheduled payments made by or received by the City in connection with a Parity Derivative Product be added to or deducted from, respectively, Debt Service on such Parity Bonds. The City may amend this ordinance to reflect the lien position and priority of any payments made in connection with a Parity Derivative Product; provided, however, that any lien to secure regularly scheduled payments made in connection with a Parity Derivative Product may not be prior to the lien of the Parity Bonds and that any lien to secure nonregularly scheduled payments under Parity Derivative Products must be subordinate to the lien of Parity Bonds. If the City enters into a Parity Derivative Product, the City shall not be required to satisfy the conditions set forth in Section 10 of this ordinance with respect to the Parity Derivative Product provided that the conditions set forth in Section 10 of this ordinance are satisfied with respect to the associated Parity Bonds. Each Parity Derivative Product shall set forth the manner in which the 50 Combined Utility System Revenue Bonds, Series 2009 City's and its counterparty's payments are to be calculated and a schedule of payment dates. SECTION 18. - Undertakina to Provide Ongoing Disc osure. (a) Contract/Undertaking. This section conStitLites the City's written undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the Municipal Securit es Rulemaking Board ("MSRB"), the following annual financial informatior and operating data for the prior fiscal year (commencing in 2010 for the fi cal year ended December 31, 2009): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the System prepared in accordance with the Budget Accounting and Re orting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200; 2. The principal amount of Parity Bonds; 3. Debt service coverage for Parity Bonds; 4. Rates for the System; and 5. Number of customers of the System. Items 2-5 shall be required only to the extent that such inf rmation is not included in the annual financial statements of the City. The information and data described above shall be provided on or before nine months after the end of the City's fiscal yei1r. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available tote public on the MSRB's internet website and, if such document is a final o icial statement within the meaning of the Rule, available from the MSRB. If not provided as part of the annual financial information discussed above, the City shall provide the City's audited annual financial statement 51 Combined Utility System Revenue Bonds, Series 2009 prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available to the MSRB. (c) Material Events. The City agrees to provide or cause to be provided, in a timely manner to the MSRB notice of the occurrence of any of the following events with respect to the Bonds, if material: • Principal and interest payment delinquencies; • Non-payment related defaults; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions or events affecting the tax-exempt status of the Tax-Exempt Bonds; • Modifications to the rights of Bond owners; • Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856); • Defeasances; • Release, substitution or sale of property securing repayment of the Bonds; and • Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secures payment of the Bonds. (d) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the annual financial information 52 Combined Utility System Revenue Bonds, Series 2009 described in Subsection (b) above on or prior to the d to set forth in Subsection (b) above. (e) EMMA; Format for Filings with the MSRB. Until otherwise designated by the MSRB or the SEC, any information or notices submitted to the MSRB in compliance with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access system ("EM A"), currently located at www.emma.msrb.org (which is not incorporated into this ordinance by reference). All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (f) Termination/Modification. The City's obligati ns to provide annual financial information and notices of material events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and Void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In t e event of any amendment of this section, the City shall describe such am ndment in the next annual report, and shall include a narrative explanatiol of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a material event under Subsection (c) and (ii) the annual report for the year in which the change is made shall present a comparison (in narrative 53 Combined Utility System Revenue Bond , Series 2009 form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding Bonds through nominees or depositories. SECTION 19. - Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. 54 Combined Utility System Revenue Bonds, Series 2009 SECTION 20. - Effective Date. This ordinance shall take effect and be in force from and after its passage and five days followin 3 its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: K&L GATES LLP Special Counsel and Bond Counsel PASSED: day of August, 2009. APPROVED: day of August, 2009. PUBLISHED: day of August, 2009. 55 Combined Utility System Revenue Bonds;, Series 2009 APPENDIX A Projects • Green River levees repair and replacement - series of levee improvements to increase flood protection. • Storm drainage improvements, diversion to GRNRA project - diversion of stormwater from the S. 228th St. system upstream of 76th Ave. S., into the GRNRA. Improvement of the water quality in Mill Creek, and flood control. • Mill Creek restoration, Smith to James Street, and James to Chandler Bay Drive - restoration and flood protection of Mill Creek in the vicinity of James Street. • Upper Mill Creek diversion to detention dam, East of 104th Avenue Southeast, and outlet modifications project - increase the storage of the detention dam, update the outlet structure, and improve the fish passage system along the diversion. • Mill Creek Culverts Replacement, Relocation/Restoration, 76th Avenue Corridor Project - removal of sediment in Mill Creek, expand the capacity of the creek, and improve the riparian stream buffer. • Pump Station Improvement at James St and Mill Creek Project - improve floodwater containment along Mill Creek. • Soos Creek (Soosette Creek/144th Ave SE culvert replacement) Project - replace a culvert to improve streamflow and decrease roadway flooding. • Mill Creek improvements - Stormwater drainage facility improvements within the Mill Creek drainage system. • National Pollutant Discharge Elimination System ("NPDES") Phase II Permit - implementing the various provisions of the permit, which includes monitoring activities related to the permit, public involvement/education, grant preparation, illicit discharge detection and overall water quality program within the City. • GRNRA outlet and maintenance improvements project - Improvements along the outlet to improve flood control along Mill Creek and improve downstream water quality. • SE 256th St., 116th to Kent Kangley, stormwater project - addition of a curb and gutter, stormwater pipe, detention facilities and water quality facilities for the widening of the street. A-1 Combined Utility System Revenue Bonds, Series 2009 • S 224th Street Extension stormwater project - additioi of a curb and gutter, stormwater pipe, detention and water quality facilities for the widening of street. • Springwood Apartments, Smith and Lincoln stormwater projects - Replacement of stormwater pipes that have been damaged and risk a potential flood hazard. • Miscellaneous drainage improvements - stormwater capital projects designed by City Engineering staff. • Riverview Park project - a new side channel adjacent to the main stem of the Green River. • Drainage infrastructure replacements - replacement of storm water conveyances, failing pipe sections, and catch basins. • Miscellaneous wetland facility upgrade projects - maintenance, repair, and replacement of wetlands. • Roadway drainage improvements - stormwater conveyance, detention and water quality systems necessary for projects within the City's Transportation Improvement Program. • Miscellaneous Habitat Improvements - acquisition of properties containing critical areas and their buffers. • North Fork Meridian Valley Creek restoration, South 2 6th Place culvert project - replacement of an undersized culvert to provide the necessary flow capacity and meet fish passage requirE ments. • Storm drainage improvements, South 196th and 84th Avenue Project - replacement of a deficient storm conveyance system and update of a stormwater pump system. • Mill Creek trunk stormwater drainage, restoration at s nior center, Titus project - flood system improvement on Mill Creek between Titus Avenue and Smith Street. A-2 Combined Utility System Revenue Bonds;, Series 2009 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 4, 2009, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August, 2009. CITY OF KENT, WASHINGTON Brenda Jacober, City Clerk Kent City Council Meeting Date August 4, 2009 Category Consent Calendar - 6H 1. SUBJECT: 2010-2015 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN - SETTING HEARING DATE 2. SUMMARY STATEMENT: Set a hearing date of August 18, 2009, for consideration of the 2010-2015 Six-Year Transportation Improvement Program. The draft 2010-2015 Six-Year Transportation Improvement Program (TIP) includes 39 projects with estimated project costs totaling $$91,356,100. The TIP includes no new projects, but does include increases in construction costs, inflation, and modifications to scopes of work. The TIP also, describes 4 ongoing citywide programs that are identified as high priorities for residents and businesses, some of which are required by state law, but which have not been funded in recent years. These high priority projects are identified as project #31 through #34 in the attached TIP. Including these projects in the TIP allows the City to begin looking for funding partners and applying for grants to help determine if these projects will be feasible. 3. EXHIBITS: Draft 2010-2015 Six-Year Transportation Improvement Program 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I CITY OF KENT WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT GRAM 2010 - 2015 1,40 Vi, w A jr may tf 0 k r Suze Cx K 'NT WA5HINGTON Larry R. Blanchard, Director of Public Works CI TY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2010 - 2015 Table of Contents Page(s) 1. Resolution adopting the 2010 - 2015 Six Year TIP ......... 2. Introduction................................................................................iii 3. Listing of the Projects............................................................... iv — vi 4. Map of the Projects.....................................................................map 5. Project Descriptions.................................................................. 1 — 39 J p 6. Contact Information....................................................................... 40 On the Cover: The City activated two new Radar Speed Signs in the Scenic Hill Neighborhood as part of the Residential Traffic Calming Program. The signs display vehicle speeds and messages to remind drivers to slow down. 1 j This page intentionally left blank, i For 2010 Resolution i Page 1 i i t I t t r i i 1 1 t r This page intentionally left blank r For 2010 Resolution Page 2 r I i I l I 1 I 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2010-2015 Introduction What is the Six Year Transl2ortation Iml2rovement Program (TIP)? The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is annually updated based on 1 needs and policies identified through a variety of sources. Project and financial development involve interactions with many groups and agencies at the local, regional, state and federal levels. It represents Kent's current list of needed projects that may begin work in the next six years. The document also identifies secured or reasonably expected revenue sources for each of the projects included in the TIP. Typically, projects listed in the first three years of the document are shown as having secured funding or there are reasonable expectations to acquire those funds, while projects in the last three years can be partially funded and be seeking funding partners. All projects are consistent with the City's adopted 2004 Comprehensive Plan. Mandated by State Law State law requires that each city develop a local TIP and that it be updated annually (RCW 35.77.010). In order for cities to compete for transportation funding grants from Federal and Statesources most granting agencies require that projects be included in the TIP. Summary The 2010 Six Year TIP contains no substantive chang s from last year's Program. All projects and programs have been reviewed for adjustments in scope and budget. Once adopted, the TIP helps to guide funding and implementation priorities during the development of the transportation portion of the city's Six-Year Capital Improvement Program (CIP). The Ongoing Citywide Programs section n w includes programs which have been shown in the City's Capital Improvement Program but not previously in the TIP. There are no iew capital projects in this TIP. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2010-2015 Project Project Name Number Project Location and Extent 1. East Valley Highway (84th Avenue South) Improvements SR 167 to South 212` Street 2. Kent Station Mitigation Projects Widen Willis Street at 4`h Avenue and Central Avenue at Willis Street 3. Smith Street and Lincoln Avenue Intersection Improvements Intersection Improvements 4. 72°d Avenue South Extension South 200`h Street to South 196`h Street 5. Southeast 2561h Street Widening, Phase II SR 516 (Kent Kangley Road) to 1161h Avenue Southeast 6. South 2281h Street Pavement Rehabilitation Lakeside Boulevard to 72nd Avenue South 7. 1081h Avenue Southeast Extension Southeast Kent Kangley Road(SR 516) to Southeast 256`h Street 8. Central Avenue South Improvement Project Green River Bridge to East Willis Street (SR 516) 9. South 224th Street Extension 84`h Avenue South to 104`h Avenue Southeast(Benson Road) (SR 515) 10. Willis Street (SR 516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad(UPRR) 11. Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad 12. South 2121h Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad 13. South 2121h Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad iv CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2010-2015 Project Project Name Number Project Location and Extent 14. South 2281h Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pacific Railroad 15. Military Road South and Reith Road Intersection Improvements 16. Southeast 256th Street and 132nd Avenue Southeast Inti rsection Intersection Improvements 17. Southeast 248th Street Improvements 109`h Avenue Southeast to 132"d Avenue Southeast 18. Military Road South Widening South 272"d Street to Kent-Des Moines Road(State Route 51 6) 19. South 272"d Street Widening Pacific Highway South to Military Road South 20. SR 181/West Valley Highway/Washington Avenue Wide ling Meeker Street north to approximately the 218`h block 21. Meeker Street Widening—Phase I 64`h Avenue South to the Green River Bridge 22. Meeker Street Widening—Phase II Lake Fenwick Road to the east side of the Green River 23. 132"d Avenue Southeast Widening—Phase 1 Southeast 288`h Street to Kent Kangley Road(SR 516) 24. 132"d Avenue Southeast Widening—Phase II Kent Kangley Road(SR 516) to Southeast 248`h Street 25. 132"d Avenue Southeast Widening—Phase III Southeast 2481h Street to Southeast 2361h Street 26. Southeast 2561h Street Widening—Phase III 132"d Avenue Southeast to 148`h Avenue Southeast v i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2010-2015 Project Project Name Number Project Location and Extent 27. South 208th Street Improvements 84`h Avenue South to 96`h Way South 28. 801h Avenue South Widening South 196`h Street to South 188`h Street 29. South 190/192°d Street Corridor—Phase III 84`h Avenue South (East Valley Highway) to 108`h Avenue Southeast(SR 515) 30. Transportation Master Plan, Phase II Ongoing Citywide Program 31. Street Preservation Program Ongoing Citywide Program 32. Traffic Signal Management Program Ongoing Citywide Program 33. Channelization Improvement Program Ongoing Citywide Program 34. Residential Traffic Calming Program Ongoing Citywide Program 35. Bicycle System Improvements Ongoing Citywide Program 36. Americans with Disabilities Act Compliance and the Sidewalk Repair and Rehabilitation System Ongoing Citywide Program 37. Guardrail and Safety Improvements Ongoing Citywide Program 38. Community Based Circulating Shuttles Ongoing Citywide Programs 39. Transit Now Service Partnership Program Ongoing Citywide Program vi r U) L uj 3S 3AV veL w '� A L �'�'x LM a 9 L. L cn — , �- C� w e i N a. 4 i }' � C z ? O L9 i r 0 r N j ■� ■� `'3s-]AVp9L—, � �,,,, N cm3 .,-C'4 L L iCD o lot 4) L L s:. I O A. O I- CL CL u N U- 3S 3AV 8ti L - 3S 3AV RV I. w L N 3s 3AV ovL N H N � H N_ N W cn W i L <<I 3S 3AV zrLm� too r N q a N N N � u 3S 3AV vZl 3S 3Atl hZl i r 3S 3AV 9 L L 3S3�V9LL-'•'_ - - - - ___ 3S 3AV ROL 3S 3AV got ems, s ~ O C 3S 4-0 SKI � N r w TL rr" - N11 S 02i 1091Vp C1 S 3AV Vb NA AMH A31wV 1SV3 SN 3AVn,r- :i ��' �AMH is V-0 MDt $ peoJIie21weyVONIJOIBWNnfNi V'tr.S-3AV 0L SPeoue7.4 swop Ir"w-- O(� CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT # 1: East Valley Highway (841h Avenue South) Improvements. SR 167 to South 212` Street DESCRIPTION: Widen the roadway to provide 3 general purpose lanes in each direction with a center left-turn lane between South 2121h Street and State Route 167. Construct new curb, gutters and sidewalks on both sides of the roadway to provide a complete sidewalk system. Remove and rehabilitate the existing roadway pavement to add service life to the roadway. Overlay the roadway with asphalt concrete pavement. Project includes upgrading existing traffic signal systems as well as storm drainage improvements. PROJECT COST: Preliminary Engineering.................$620,000 Right of Way Acquisition............$1,450,000 Construction ................................$4,780,000 TOTAL........................................$6,850,000 FUNDING SOURCE(S): STP, City of Kent, TIB, LID, ARRA (Federal Stimulus Bill) PROJECT JUSTIFICATION: This portion of East Valley Highway cannot accommodate current and proposed traffic volumes that utilize this stretch to access State Route 167 and South 2121h Street. The sidewalk system is incomplete. In addition, the existing pavement along this section of 841h Avenue South is showing signs of structural distress as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 1 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KE NT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #2: Kent Station Mitigation Projects Widen Willis Street at 4`h Avenue and Central Avenue a Willis Street DESCRIPTION: Provide an additional left-turn pocket on eastbounj Willis Street to northbound 41h Avenue. Provide a right-turn poc et southbound on Central Avenue to westbound Willis Street PROJECT COST: Preliminary Engineering.................$106,000 Right of Way Acquisition...............$500,000 Construction ...................................$500,000 TOTAL........................................$1,106,000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds, WSDOT Overlay Funds PROJECT JUSTIFICATION: These projects are traffic mitigation requirements f r additional trips generated by the Kent Station development. The Ci of Kent will be implementing these projects required by the developer. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freig it Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 2 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement Dis nct;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement i ccount;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #3: Smith Street and Lincoln Avenue Intersection Improvement DESCRIPTION: Widen Smith Street/Lincoln Avenue to provide a left turn lane from northbound Lincoln Avenue/eastbound Smith Street onto northbound Lincoln Avenue. The project includes the construction of a new traffic signal at the intersection of Smith and Lincoln as well as the reconstruction of existing curb, gutter and sidewalks along Smith Street/Lincoln Avenue. PROJECT COST: Preliminary Engineering.................$105,000 Right of Way Acquisition...............$400,000 Construction ................................$1,6005000 TOTAL........................................$2,105,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: This project will improve traffic flow within the Kent Urban Center and improve access to the Kent Transit Center and the downtown business district. The left turn pocket and signal at Smith and Lincoln Streets will facilitate the redevelopment of a portion of King County Metro Transit's Park and Ride Lot. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 3 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account;TIB— Transportahon Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2010 PROJECT#4: 72"d Avenue South Extension South 200`4 Street to South 19e Street DESCRIPTION: Construct a new four-lane roadway from South 2001h Street to South 196th Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$250,000 Right of Way Acquisition..........................$0 Construction ................................$1,000,000 TOTAL........................................$1,250,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent indus al area, and high levels of congestion along West Valley Highway between the South 1801h Street and South 196th Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 1801h Street, South 196th Street, and South 212th Street intersections long West Valley Highway. It also provides improved access to the outh 196th Street corridor from industrial development along 72"d i venue South by constructing the missing link between South 200th Stre t and South 196th Street. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Frei ht Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transl t Administration[Federal]; 4 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation ImprovementAccount;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #5: Southeast 256th Street Widening, Phase II SR 516(Kent Kangley Road) to 116`h Avenue Southeast DESCRIPTION: Construct a three lane roadway from SR 516 (Kent Kangley Road) to 1161h Avenue SE. This project includes bike lanes on both sides of the roadway. The project will include construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. PROJECT COST: Preliminary Engineering..............$1,000,000 Right of Way Acquisition............$1,500,000 j Construction ................................$4,500,000 TOTAL........................................$7,000,000 FUNDING SOURCE(S): City of Kent, Local Improvement District, TIB PROJECT JUSTIFICATION: Southeast 2561h Street is a two-lane roadway with no curbs, gutters or sidewalks and a limited street light system. During peak hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways. The widening of Southeast 256th Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads essentially run parallel to each other. The project will increase the capacity of this roadway by adding new general purpose lanes and a center two-way left turn lane. This project will connect the SR 515/SR 516 intersection with the improvements already existing on Southeast 256th Street east of 1161h Avenue Southeast and the improvements along 1161h Avenue Southeast between Southeast 256th Street and Kent Kangley Road. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 5 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2010 PROJECT#6: South 228th Street Pavement Rehabilitation Lakeside Boulevard to 72"d Avenue South 1 DESCRIPTION: This project will consist of rehabilitating the existing ro dway by grinding rough areas, reconstructing failing areas and providing a full width overlay of South 228th Street between Lakeside Boulevard and 72 nd Avenue South. PROJECT COST: Preliminary Engineering...................$50,000 Right of Way Acquisition..........................$0 Construction ...................................$7009000 TOTAL...........................................$750,000 FUNDING SOURCE(S): City of Kent 1 PROJECT JUSTIFICATION: This road lies in the heart of the City's manufacturing area. Heavy truck traffic means pavement condition on South 228th Street has deteriorated significantly. Kent is the second largest warehouse/distribution center on the west coast with over 40 million square feet of industrial space. With the completion of major portions of the 228th corridor rid the anticipated increase in the number of daily truck trips, the pavement will continue to deteriorate at an accelerated rate. This project will maintain a major Ifreight corridor to the ports and protect the Ci 's investment in transportation infrastructure. Alp-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Frei ht Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 6 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #7: 1081h Avenue Southeast Extension , Southeast Kent Kangley Road(SR 516) to Southeast 256`h Street DESCRIPTION: Construct a new three lane roadway from Southeast Kent Kangley Road (SR 516) to Southeast 256th Street including rebuilding the traffic signals at the intersection of Southeast Kent Kangley Road and 108th Avenue Southeast and installing a new traffic signal at the intersection of Southeast 256th Street and 109th Avenue Southeast. The project includes right turn lanes northbound on 109th at Southeast 256th Street and Southbound on 109th at Kent Kangley Road. The project will also include construction of full width paving; concrete curbs, gutters and sidewalks; `Sharrows' (if approved by FHWA); street lighting; storm drainage; landscaping; utilities and appurtenances. As part of this project, the eastbound left-turn lane from Kent Kangley Road to Southeast 256th Street will be eliminated. PROJECT COST: Preliminary Engineering.................$200,000 Right of Way Acquisition............$1,700,000 j Construction ................................$1,500,000 TOTAL........................................$3,400,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intersection of 104th Avenue Southeast (Benson Highway) (SR 515)/Kent Kangley Road (SR 516)/Southeast 256th Street by improving the traffic flow along SR 516. It will eliminate the left turn pocket from SR 516 to Southeast 256th Street and redirect that traffic along SR 516 to 108th Avenue Southeast. There will be a new left turn pocket constructed for motorists wishing to travel north on 1081h Avenue Southeast to Southeast 2561h Street. By moving these left turning movements further to the east, away from the congested Y intersection, all directions of traffic will be able to flow more efficiently. This extension will also provide another way for East Hill residents to have direct access to the business-by-pass route and better access to the commercial area south of the Kent Kangley Road/104th Avenue Southeast intersection. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 7 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT 1 SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2011 PROJECT#8: Central Avenue South Improvement Project Green River Bridge to East Willis Street (SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavemen to add service life to the roadway, between the Green River Bridge and East Willis Street (SR 516). This project will include the removal and replacement of failing pavement sections and a full-width asphalt concrete o erlay of the entire roadway. Also included in this project is the replacem nt of curbs, gutters and sidewalks as well as minor storm drainage improve ents. PROJECT COST: Preliminary Engineering.................$350,000 Right of Way Acquisition..........................$0 Construction ..................................3,500,000 TOTAL........................................$3,850,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of Cent 1 Avenue South is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and utters. The service life of this roadway has been reached, necessitating r construction of the pavement to extend the service life of the roadway, and prevent further pavement degradation. The sidewalk system is su -standard in many Ilocations and in need of replacement. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST— fight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal T sit Administration[Federal]; 8 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improve nt Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #9: South 2241h Street Extension 84`h Avenue South to 104`h Avenue Southeast(Benson Rd) (SR 515) DESCRIPTION: Construct a three-lane road from 841h Avenue South to 1041h Avenue Southeast (Benson Road) (SR 515), including new bridges over SR 167 and Garrison Creek. The project will include the construction of full- width paving; concrete curbs, gutters and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$2,300,000 Right of Way Acquisition............$8,000,000 Construction ..............................$25,700,000 TOTAL......................................$36,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The existing roadway system cannot accommodate the current or forecast east-west traffic volumes between Kent's East Hill and the Green River Valley floor. In order to meet transportation concurrency requirements of the Growth Management Act, additional east-west vehicle capacity is required. Intersections along South 208th/212th Street and James/Southeast 240th Streets are also at or over capacity. It is not feasible to widen the James/Southeast 2401h Street and South 208tn/2121h Street `corridors' enough to accommodate forecast traffic volumes without additional east-west capacity because of existing development and topographic constraints. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 9 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #10: Willis Street (SR 516)/Union Pacific Railroad Grad Separation Grade Separation Crossing at Union Pacific Railroad UPRR) DESCRIPTION: Construct grade separation of the Union Pacific Railro d's mainline tracks at Willis Street (SR 516). The project will include t e construction of a bridge; a four-lane roadway; full width paving; cone ete curbs, gutters, and sidewalks; street lighting; utilities and appurtenan es. The City will work with WSDOT to encourage provision of a facility for bicycle travel. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition..........................$0 Construction ..............................$37,000,000 jTOTAL......................................$41,000,000 FUNDING SOURCE(S): City of Kent, FAST, FMSIB, Port of Seattle, Po I of Tacoma, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commut r mobility in the Green River Valley. More than 26,000 vehicles per y travel on Willis Street, including over 800 freight-bearing trucks. T e level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide the solution to e costly problem of congestion. The railroad crossing will no longer i pede freight and other traffic flow. Reductions in traffic congestion o adjoining streets and reduced environmental impacts caused by traffic c ngestion are also expected. This project will enhance Kent as an econo is generator and provide regional connections for thousands of business s, employers, and commuters. Alp-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freig t Action Strategy for Everett-Scattic Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 10 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement Div 'ct,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement ccount;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #11: Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at Willis Street (SR 516). The project will include the construction of a bridge; four-lane vehicle crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. The City will work with WSDOT to encourage provision of a facility for bicycle travel. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition............$4,300,000 Construction ..............................$31,700,000 TOTAL......................................$40,000,000 FUNDING SOURCE(S): City of Kent, Burlington Northern Santa Fe Railroad, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movements of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 1 I HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT I IROGRAM YEAR: 2011 PROJECT #12: South 212t11 Street/Union Pacific Railroad Grade Sep i1ration Grade Separation Crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at South 2121h Street. The project will include the construction of a railroad bridge; a six-lane roadway under-crossing; Full-width paving; concrete curbs, gutters, and sidewalks; a facility for bi ycle travel; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,100,000 Right of Way Acquisition............$1,500,000 Construction ..............................$35,400,000 jTOTAL......................................$41,000,000 FUNDING SOURCE(S): City of Kent, FMSIB, FAST, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. Approximately 29,000 vehicles per day travel on South 2121h Street, including nearly 3,500 freight bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations pro ide the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in tniffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connection.,,, for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Fre ght Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Tram it Administration[Federal]; 12 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement strict;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation[mprovemen Account;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #13: South 2121h Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at South 212th Street. The project will include the construction of a bridge; six-lane vehicle crossing; full width paving; concrete curbs, gutters, and sidewalks; a facility for bicycle travel; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,200,000 Right of Way Acquisition............$1,500,000 Construction ..............................$36,300,000 TOTAL......................................$42,000,000 FUNDING SOURCE(S): City of Kent, FMSIB, FAST, TIB, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. Approximately 29,000 vehicles per day travel on South 212th Street, including nearly 3,500 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers and commuters. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 13 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF DENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT#14: South 228th Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railro d mainline tracks at South 2281h Street. The project will include the construction of an overpass or an underpass road; full-width paving; concrete curbs, gutters and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,600,000 Right of Way Acquisition............$2,500,000 Construction ..............................$22,000,000 TOTAL......................................$26,100,000 FUNDING SOURCE(S): City of Kent, Port of Seattle, FAST, FMSI , Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway system. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhan a safety, improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of busii iesses, employers, and the 40 million square feet of warehouse/industrials ace in the valley. 1 AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Comdor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 14 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation ImprovementAccount;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT #15: Military Road South at Reith Road. Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Replace the existing traffic signal. The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$180,000 Right of Way Acquisition...............$200,000 Construction ................................$1,800,000 TOTAL........................................$2,180,000 FUNDING SOURCE(S): TIB, City of Kent, Developer Mitigation Funds PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 15 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportanon Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2012 PROJECT#16: Southeast 2561h Street and 132"d Avenue Southeast Intersection Improvements DESCRIPTION: Reconstruct the intersection of Southeast 256th Street and 132nd Avenue Southeast by extending the northbound and southbound left turn pockets to provide additional storage capacity, extend the westbound right turn lane and construct new right turn lanes eastbound and southbound. The project will include signal modifications and minor reconstruction of curb, gutter and sidewalk to accommodate the additional widening. PROJECT COST: Preliminary Engineering.................$340,000 Right of Way Acquisition.................$50,000 ' Construction ...................................$300,000 TOTAL...........................................$690,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Continued development in the East Hill area of Kent h s increased traffic flows through this intersection. The existing configuration of the intersection is not capable of accommodating the current and anticipated 1 traffic flows. Traffic flows have also increased due to the new connection of Southeast 256th Street to State Route 1 to the east. This project will supplement the improvements already constructed along Southeast 2561h Street as well as anticipated improve nents to Southeast 256th Street to the east and the improvements anticipat d to 132nd Avenue Southeast. Alp-Artenal Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 16 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement E tstnct,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvemen Account,TIB— Transportation Improvement Board[State],TPP—Transportahon Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT #17: Southeast 2481h Street Improvements 109`h Avenue Southeast to 132"d Avenue Southeast DESCRIPTION: Construct a three lane roadway from 1091h Avenue Southeast to 132nd Avenue Southeast which includes the construction of full width paving; bicycle lanes; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. The project includes either a modern roundabout at the 1161"Avenue Southeast intersection or a traditional traffic signal. Improvements to vertical roadway geometry for sight distance and safety will also be addressed. PROJECT COST: Preliminary Engineering..............$1,500,000 , Right of Way Acquisition...............$800,000 Construction ..............................$11,000,000 TOTAL......................................$13,300,000 FUNDING SOURCE(S): City of Kent, LID, Development Mitigation Funds PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the city. This project will provide additional east- west capacity to supplement Southeast 240th Street to the north, and Southeast 256t" Street to the south. In addition, the southeast corner of Southeast 2481h Street and 1241h Avenue Southeast is the future site of the City of Kent's Public Works maintenance facility. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 17 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] l CITY OF KE T N SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #18: Military Road South Widening South 272nd Street to Kent-Des Moines Road(State Roue 516) DESCRIPTION: This project will widen Military Road from South 27 nd Street to Kent- Des Moines Road adding a center left-turn lane, bicycl lanes, curb, gutter and sidewalk. Also included is the construction f storm drainage improvement and illumination system improvements. ote: Reith Road and South 272nd Street intersections are separate pr jects and are not included in this project.) PROJECT COST: Preliminary Engineering..............$2,000,000 Right of Way Acquisition............$1,000,000 Construction ..............................$15,500,000 rTOTAL......................................$18,500,000 FUNDING SOURCE(S): City of Kent, Developer, T113 PROJECT JUSTIFICATION: The level of development along this section of Milita Road South has reached a point where a separate center two-way left lane is required. During peak traffic flow hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blo king the roadway waiting to make left turns. Most sections of Military Road are lacking sidewalks and an adequate storm drainage system. I AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Frei ht Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],ETA—Federal Transi Ad mmistratwn[Federal]; 18 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement Dis1trict,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement ccount,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #19: South 272nd Street Widening Pacific Highway South to Military Road South DESCRIPTION: Add two HOV lanes and a center left-turn lane from Pacific Highway South (SR 99) to Military Road South. Construction will include full width paving; concrete curb, gutter, and sidewalks; a facility for bicycle travel, street lighting; storm drainage; utilities; traffic signals; and appurtenances. The project also includes widening the roadway under the I-5 bridges. PROJECT COST: Preliminary Engineering..............$1,900,000 Right of Way Acquisition............$2,900,000 Construction ..............................$15,300,000 TOTAL......................................$20,100,000 FUNDING SOURCE(S): City of Kent, TIB 1 PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV- added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the Star Lake Park and Ride lot and the Redondo Heights Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various county, City of Kent and City of Federal Way transportation and transit improvement projects. r r AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 19 VIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2015 PROJECT#20: SR 181/West Valley Highway/Washington Avenue lidening Meeker Street north to approximately the 218rh block DESCRIPTION: Widen the existing five lane road to seven lanes to inc lude three lanes in each direction and a center left-turn lane and install a raffic signal at the ' intersection of West Valley Highway and South 238th Street. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,100,000 Right of Way Acquisition............$6,300,000 Construction ..............................$11,800,000 TOTAL......................................$19,200,000 FUNDING SOURCE(S): City of Kent, STP, TI13, WSDOT PROJECT JUSTIFICATION: SR 181/West Valley Highway/Washington Avenue is a major north- south route through the City and an important truck route for freight moving between the manufacturing, industrial and warehousing center of the Green River Valley and the regional freight corridors. This route is seven lanes wide both north and south of the project segment. With increasing traffic volumes from the expected growth in both the freight and commute segments, the widening is needed to re uce congestion at intersections and reduce backups approaching SR 16 and South 212th Street. Alp-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freij ht Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transi Administration[Federal], 20 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement Db tnct;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement ccount;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #21: West Meeker Street Widening—Phase I 64'fi Avenue South to the Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five lane roadway, including four • general purpose travel lanes, a center left-turn lane, bicycle lanes, a pedestrian signal at the Riverbend Golf Course, and modifications to the , existing traffic signal system at the intersection of West Meeker Street and Russell Road. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks; landscaping; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,200,000 Right of Way Acquisition............$1,400,000 Construction ................................$4,200,000 TOTAL........................................$6,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five lane roadway segment is required to accommodate through traffic. Existing traffic volumes west of the intersection of 641h Avenue South indicate the need for a five lane section to accommodate additional development. Sidewalk and bicycle improvements will provide additional incentive to encourage a safe and attractive walking and biking environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 21 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] r CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 ' PROJECT #22: West Meeker Street Widening—Phase II Lake Fenwick Road to the east side of the Green River DESCRIPTION: Widen West Meeker Street between Lake Fenwick Rod and the east side of the Green River Bridge to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and bicycle lanes. Construct a new bridge over the Green River and extend the five lane roadway to the West Meeker Street Widening — Phase I improvements. Remove the existing traffic signal at West Meeker/SR 5 16 and construct a new interchange, including new ramps to connect West Meeker and SR 516. PROJECT COST: Preliminary Engineering..............$7,600,000 Right of Way Acquisition............$3,400,000 Construction ..............................$68,000,000 TOTAL......................................$79,000,000 r FUNDING SOURCE(S): City of Kent, WSDOT 1 PROJECT JUSTIFICATION: Increasing traffic on SR 516 and West Meeker Street has resulted in an overall lowering of the level of service at the existing intersection. A new interchange would reduce delays and allow for unimpeded traffic flow on SR 516. 1 1 r AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Frei ht Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 22 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement Di trict,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement kccount,TIB— ' Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #23: 132nd Avenue Southeast Widening—Phase 1 Southeast 288`h Street to Kent Kangley Road(SR 516) DESCRIPTION: Widen 132"d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, a facility for bicycle travel, and modification of the existing traffic signal system at the intersection of Kent Kangley Road. The project will include the construction of full width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and ' appurtenances. PROJECT COST: Preliminary Engineering..............$2,100,000 Right of Way Acquisition............$2,700,000 , Construction ..............................$10,000,000 TOTAL......................................$14,800,000 FUNDING SOURCE(S): City of Kent ' PROJECT JUSTIFICATION: The level of development along this section of 132nd Avenue has already reached the point whereby a consistent five lane roadway section is needed to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes. The south end of 132"d Avenue Southeast provides alternative access to SR 18. Existing traffic volumes ' that exceed 20,000 ADT (near the intersection of 132nd Avenue Southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 23 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],L[D—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2015 PROJECT #24: 132"d Avenue Southeast Widening—Phase II Kent Kangley Road(SR 516) to Southeast 248`h Street DESCRIPTION: Widen 132"d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a facility for bicycle travel; modifying the existing traffic sign�56" srtems at the intersections of Kent Kangley Road and Southeast Street. The project will include the construction of full-width pav'ng; bicycle lanes; concrete curbs, gutters and sidewalks; street lighting; storm drainage; utilities; and appurtenances. ' PROJECT COST: Preliminary Engineering..............$3,800,000 ' Right of Way Acquisition............$3,100,000 Construction ..............................$18,200,000 TOTAL......................................$25,100,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132"d Avenue has already reached the point whereby a consistent five land roadway section is needed to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes. Existiny tr ffic volumes that exceed 20,000 ADT (near the intersection of 132" Avenue southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. ' AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Frei ht Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 24 HES—Hazard Elimination[Federal),ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement Di tnct,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— ' Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2015 PROJECT #25: 132"d Avenue Southeast Widening—Phase III Southeast 248`h Street to Southeast 236`h Street , DESCRIPTION: Widen 132nd Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a facility for bicycle travel; modifying the existing traffic signal system at the intersection of Southeast 2401h Street. The project will include the construction of full-width paving; bicycle lanes; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; utilities and appurtenances. f PROJECT COST: Preliminary Engineering..............$2,100,000 ' Right of Way Acquisition...............$900,000 Construction ..............................$10,300,000 TOTAL......................................$13,300,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132nd Avenue has already ' reached the point whereby a consistent five lane roadway section is needed to provide safe left-turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for ' Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 25 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 ' PROJECT #26: Southeast 2561h Street Widening—Phase III 132"`Avenue Southeast to 148`'Avenue Southeast DESCRIPTION: Widen Southeast 2561h Street to provide a three-lane roadway, including two general-purpose travel lanes, a center left-turn lane, a facility for bicycle travel, and modifying the existing traffic signal systems where appropriate. Construct a new bridge crossing at Soos Creek and elevate Southeast 256`h Street approaches above the 100 year flood plain. The project will include the construction of full-width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; bridge; street lighting; storm drainage; utilities and appurtenances. ' PROJECT COST: Preliminary Engineering..............$3,200,000 Right of Way Acquisition............$1,300,000 ' Construction ..............................$15,000,000 TOTAL......................................$19,500,000 ' FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Southe t 256`h Street has already reached the point whereby a consistent tf ree-lane roadway section is required to provide safe left-turn acce s into adjoining properties and accommodate forecast traffic volumes. With the widening of Southeast 2561h Street, the bridge at the east end of the project would ' need to be replaced and elevated above the 100 year flood plain. Sidewalks and bicycle lanes will provide safe access for pedestrians and cyclists. The east end of Southeast 2561h Street provides an alternative access to SR 18. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freig ht Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transt Administration[Federal]; 26 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement Dil tnet;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement ccount,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #27: South 2081h Street Improvements , 84`h Avenue South to 96rh Way South DESCRIPTION: Rehabilitate the existing pavement to add additional service life to the roadway from 841h Avenue South to 96th Way South. This project will widen the existing roadway to two 14 foot lanes with the addition of ' concrete curb, gutters, sidewalks, storm drainage and illumination. The project will rebuild failing roadway sections near 93rd Avenue and add a left turn lane from eastbound 208th Street to northbound 92❑d Avenue ' South. Retaining walls and guardrails will be added as needed. PROJECT COST: Preliminary Engineering.................$250,000 Right of Way Acquisition...............$150,000 Construction ................................$2,800,000 TOTAL........................................$3,200,000 FUNDING SOURCE(S): City of Kent r PROJECT JUSTIFICATION: South 208th Street between 84th Avenue South and 96th Way South is a substandard narrow two-lane roadway that connects 84th Avenue (East Valley Highway) with Southeast 2081h Street. This section of roadway cannot accommodate the existing and anticipated traffic volumes and is experiencing pavement and roadway failures that require repair. ' Widening of the roadway will necessitate the installation of retaining walls and guardrails. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 27 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #28: 801h Avenue South Widening South 19e Street to South 188rh Street DESCRIPTION: Widen 80th Avenue South from South 1961h Street to S uth 188th Street to five lanes. This will include four general-purpose Ian s and a center left- turn lane. The project will also include the constru tion of full width paving; concrete curbs, gutters, and sidewalks; str et lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$300,000 Right of Way Acquisition...............$700,000 Construction ................................$2,000,000 TOTAL........................................$3,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The opening of the 196th Street corridor on the south lend of the project and Renton's completion of Oaksdale Avenue Sou h results in 80th Avenue South being a significant north-south co 'dor serving the industrial area. As a result, the increased traffic v lumes along this section of 80th Avenue South are reaching the point here a consistent five lane roadway section is required to provide the req fired capacity and allow safe left turn access into the adjoining properties. Further, concrete curbs and gutters are required to provide control of roa way drainage and to prevent impacts to adjacent property owners. Sid walks and street lighting will provide safe access for pedestrians. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Frei t Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transi Administration[Federal]; 28 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement Dis rict;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement ecount;TIB— ' Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT #29: South 196th/192nd Street Corridor—Phase III 84`h Avenue South (East Valley Highway) to 108`h Avenue Southeast (SR 515) DESCRIPTION: Construct a new five lane roadway from 84th Avenue South (East Valley Highway) to 108th Avenue Southeast (SR 515); including a new bridge over SR 167. Project will include the construction of full-width paving; concrete curb, gutter and sidewalks; a facility for bicycle travel; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$7,100,000 Right of Way Acquisition............$7,300,000 Construction ..............................$35,600,000 TOTAL......................................$50,000,000 FUNDING SOURCE(S): City of Kent, LID, STP, TIB PROJECT JUSTIFICATION: Traffic volumes on existing east-west corridors will exceed the adopted standards if forecasts of economic and residential growth on the East Hill of Kent and jurisdictions to the east of Kent continue as predicted by state and regional planning agencies. Additional roadway capacity must be provided to accommodate this growth within the urban growth boundaries. This project supports GMA policies, helps the City meet its Concurrency Standards, and augments previous investments in this corridor by extending its usefulness as a freight corridor and major east- west connection. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 29 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2010—2015 PROJECT #30: Transportation Master Plan Ongoing Citywide Program DESCRIPTION: This project consists of a major update of the Transpo ation Master Plan including near-term and long range planning of the City's transportation system needs. Project costs include consultaril contracts from transportation planning, concurrency management, public involvement, travel demand and traffic operations modeling and an lysis of potential financing strategies to construct, operate and ma ntain the City's transportation network. The project includes staff resources, hardware and software to analyze and manage the transportation network and develop implementing legislation and regulations related to the transportation system. Action strategies for monitoring and evaluating the performance of the transportation system will be established. PROJECT COST: Preliminary Engineering.................$850,000 Right of Way Acquisition..........................$0 Construction ..............................................$0 TOTAL...........................................$850,000 tFUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City's 2008 Transportation Master Plan identified the City's transportation system needs out to the year 2030. This project is to help ensure implementation of the 2008 Transportation Mager Plan. The City must be in compliance with all state, county and region il policies in order to be eligible to apply for competitive grants. The ity endeavors to maximize transportation efficiency, investigate methods of measuring concurrency that incorporate all modes of travel, better reflects the ways our community is changing, engages the community in discussions about future transportation investments, and investigates various ways of funding our future transportation needs. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Frei yht Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Trans t Administration[Federal]; 30 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010-2015 PROJECT #31: Street Preservation Program Ongoing Citywide Program DESCRIPTION: Projects that maintain the existing transportation system by overlaying, rehabilitating, and reconstructing the existing asphalt and concrete streets throughout the City. PROJECT COST: Preliminary Engineering..............$1,500,000 Right of Way Acquisition..........................$0 Construction ..............................$23,700,000 TOTAL......................................$25,200,000 �. FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City of Kent assessed the condition of its street network in 2008. It was found that many of the streets within the network exhibit deficiencies that reflect they are beyond their expected performance life and in need of a maintenance/rehabilitation overlay, or some amount of reconstruction. Moreover, historically, the amount of pavement resurfacing, rehabilitation, and reconstruction monies the City has budgeted each year has been insufficient to address the deficiencies of its street network. Insufficient budgets to perform this necessary work results in more expensive maintenance and rehabilitation options. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 31 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2010 - 2015 PROJECT #32: Traffic Signal Management Program Ongoing Citywide Program DESCRIPTION: This program will analyze intersections for potential ir stallation of traffic signals or other traffic control to insure safe and a ficient use of the existing and planned transportation network. Analysis f turn movements and collision history will be used to prioritize rew traffic signal installations. PROJECT COST: Preliminary Engineering.................$600,000 Right of Way Acquisition..........................$0 Construction ................................$3,600,000 TOTAL........................................$4,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Historically, the City justifies the need for two new traf><c signals per year to meet safety and mobility needs. This program bi dgets for projects needed to meet the increasing demand for signalized ii tersection control and the constant need for traffic counts to monitor vehicle volumes and behavior. It also supports the replacement of old, outdated traffic signal equipment at currently signalized intersections. The p 'orities for traffic signals will be set by transportation system signal wa ant studies which include studies of volumes, collision history, pedestrian mobility needs, and roadway geometry. This program also helps the City maintain level of service standards necessary to maintain concurrency as required by the Growth Management Act. Alp-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Scattic-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 32 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation improvementAccount;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010-2015 PROJECT #33: Channelization Improvement Program Ongoing Citywide Program DESCRIPTION: Provide street marking projects throughout the City to separate and regulate conflicting movements, define paths of travel, and facilitate safe and orderly movement on City streets. PROJECT COST: Preliminary Engineering...................$40,000 Right of Way Acquisition..........................$0 Construction ...................................$494,000 TOTAL...........................................$534,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This ongoing program maintains and updates the channelization throughout the City. The City has 1,648,861 LF of channelization striping, 238,258 raised pavement markings, 22,011 LF of C curb and 7,179 LF of painted C curb. Channelization helps to limit conflict points and directs motorists through areas of complexity. These markings are also used to delineate left turn storage queue areas and deceleration areas for right turning vehicles. This project preserves the capacity and efficiency of the existing roadway system. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 33 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 - 2015 PROJECT #34: Residential Traffic Calming Program Ongoing Citywide Program DESCRIPTION: This project will develop and implement residential traffic calming throughout the City on a priority basis as funding allows. PROJECT COST: Preliminary Engineering.................$750,000 Right of Way Acquisition..........................$0 Construction ................................$1,050,000 TOTAL........................................$1,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The program was originally established in 1999 to address traffic concerns on residential streets. The City Council recently adoptel a revised Traffic Calming Program in order to make informed, systematic, decisions about actions to correct those concerns. There has been a substantial increase in requests to the City for installation of physical devic s within the last couple of years that resulted in a significant increase in the number of speed and volume studies and required numerous publ c meetings. This program will allow for adequate traffic studies to keep up with the increased demand, support 1.25 FTE to perform the studies and work with residents toward resolving traffic concerns, and fund the purchase, installation and construction of physical devices for residential traffic calming. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Au Quality[Federal];FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Trani Administration[Federal]; 34 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 - 2015 PROJECT #35: Bicycle Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes as identified in the Nonmotorized Chapter (Chapter 6) of the Transportation Master Plan. Bicycle lanes are part of individual street improvement projects and are shown separately. Their costs (estimated at $38,800,000) are not reflected here. This project is for shared lane re-striping and signing and for the extension of the shared-use path network. PROJECT COST: Preliminary Engineering..............$108,500 Right of Way Acquisition.................$72,500 Construction ...................................$723,500 TOTAL...........................................$904,500 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The Transportation Master Plan Nonmotorized System study proposed a network of shared-lane routes in a number of transportation corridors to help connect the bicycle system. Lane markings and sign postings can inform motorists and cyclists of those corridors best suited for significant bike use. These shared-lane facilities can provide critical linkages to major cycling activity centers and connections to the shared-use path systems. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical exercise, and improving transportation connectedness. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 35 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,P WTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal];TIA—Transportation Improvement Account;T[B— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT ROGRAM YEAR: 2010- 2015 PROJECT #36: Americans with Disabilities Act Compliance and th Sidewalk Repair and Rehabilitation System Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and curb rarrips and install new truncated domes and hard-surfaced sidewalks to implement the requirements of the Federal Americans with Disab lities Act (ADA) consistent with the findings of the Nonmotorized Chapter (Chapter 6) of the Transportation Master Plan (TMP) and systematically construct new sidewalks as identified in the TMP as Highest/High priorities throughout the City. PROJECT COST: Preliminary Engineering..............$1,720,000 Right of Way Acquisition............$1,150,000 Construction ..............................$11,469,600 TOTAL......................................$14,339,600 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities Act. Title II requires that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in compliance with the nondiscrimination requirements f the ADA. The ADA requires that an ADA Transition Plan be prepared to describe any structural or physical changes required to make programs accessible. The City of Kent has conducted a self evaluation and prepared a Transition Plan including a prioritized list of projects to bring its If into compliance with the Federal ADA regulations. This program begins working on that list of projects to construct and repair the Ci 's sidewalk and street/sidewalk transition zones for accessibility for all citizens and begins to address the pedestrian improvements dentified in the Transportation Master Plan. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical exercise, and improving transportation connectedness. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 36 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB— Transportation Improvement Board(State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010- 2015 PROJECT #37: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road and 100th Avenue Southeast (near the 22600 block). Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering............... $20,000 Right of Way Acquisition..........................$0 Construction ...................................$175,000 TOTAL...........................................$195,000 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal], 37 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District;PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State];TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 - 2015 PROJECT #38: Community Based Circulating Shuttles Ongoing Citywide Programs DESCRIPTION: Continue to provide enhanced transit service to mee the needs of the community through the use of fixed-route shuttle se ice, with demand- responsive routing capabilities. Routes 914/916 sery the Kent Transit Center, Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medi al facilities. The Route 918 shuttle connects the City's manufacturing/in ustrial center with the regional bus and commuter train services at the Ken Transit Center. PROJECT COST: Preliminary Engineering............................$0 Right of Way Acquisition..........................$0 Construction ...................................$252,000 TOTAL...........................................$252,000 FUNDING SOURCE(S): City of Kent, CMAQ, King County, ITS PROJECT JUSTIFICATION: Routes 914/916 provide mobility and independence to Tiany of the cty's seniors and reduce the need for expensive ACCESS service for many wheelchair-lift service trips. Community circulating huttles encourage the participation of all ages, all economic groups, all physical abilities, and virtually all of our community in everyday civi life without the isolation and pollution of the automobile for every trip. Commuter shuttles enhance the regional transit/train service by oviding the vital link from the home to the Transit Center and from the Transit Center to the workplace, encouraging people to leave their ehicles at home, avoiding the cold start impacts to air quality and reduc ng congestion on local streets. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Au Quality[Federal],FAST—Freig t Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transi Administration[Federal], 38 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement Dis net;PWTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal],TIA—Transportation Improvement ccount,TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 - 2015 PROJECT #39: Transit Now Service Partnership Program Ongoing Citywide Program DESCRIPTION: Transit Now is a voter-approved King County Metro Transit program which provides incentives for local jurisdictions to improve local transit operations by entering into a direct financial partnership with Metro for providing that additional service. Metro will match a partner's contribution on a 2:1 basis. Transit Now requires a minimum contribution from the partner of$100,000 per year for five (5) years to add service on an existing route or $200,000 per year for five (5) years to add a new route. Kent was successful on two proposals, one to add new daily shuttle service through The Lakes and Riverview communities to the Kent Transit Center, and one to increased frequencies on the Route 153 between Kent and Renton. PROJECT COST: Preliminary Engineering..............$2,000,000 Right of Way Acquisition..........................$0 Construction ..............................................$0 TOTAL........................................$2,000,000 FUNDING SOURCE(S): City of Kent, King County, Commute Trip Reduction Program(CTR)Employers PROJECT JUSTIFICATION: Transit service (bus & train) between Kent and downtown Seattle is generally competitive with automobile driving during the commute hours. Transit service within Kent and between Kent and its neighboring jurisdictions has serious deficiencies. Due to low frequency, transit is simply not a viable option for travelers who need to make a trip during the midday, commuters working non-traditional shifts, and peak hour commuters who are concerned that there is no safety net service should they need to travel during the midday. These partnership proposals allow us to buy our way into providing additional service to our community that i we would not otherwise be able to obtain. ! AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Scattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]; 39 HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems(Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account;TIB— Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVE ENT PROGRAM 2010 - 2015 KENT W A S H I N G T O N For more information or additional copies of this documen contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 smullen(a_ci.kent.wa.us Kent City Council Meeting Date August 4, 2009 ICategory Consent Calendar - 6I 1. SUBJECT: EASEMENT AGREEMENT RE UPPER JOHNSON CREEK RESTORATION PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an Easement Agreement with King County Drainage District No. 2 to acquire access and maintain the flow in Upper Johnson Creek, subject to terms, and conditions acceptable to the City Attorney and the Public Works Director. The Upper Johnson Creek Restoration Project is based on an agreement between Polygon Northwest Company, and the City to restore and enhance a portion of Upper Johnson Creek. King County Drainage District No. 2 owns a strip of land parallel to Upper Johnson Creek and the easement is needed for the City to access the property to complete its restoration project. j 3. EXHIBITS: Public Works memo dated 7/7/09, Storm Drainage Easement Agreement and Exhibit A 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: , 55 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASH IN G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: July 7, 2009 TO: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: July 20, 2009 FROM: Mike Mactutis, Environmental Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Upper Johnson Creek Restoration Project Easement Agreement Motion: Move to recommend authorizing the Mayor to sign an Easement Agreement with Drainage District No. 2 of King County to acquire access and maintain the flow in Upper Johnson Creek, subject to approval by the City Attorney and Public Works Director. Summary: The Upper Johnson Creek Restoration Project is based on an agreement on August 23, 2006 between Polygon Northwest Company and the City to restore and enhance a portion of Upper Johnson Creek. Funding has been provided by Po ygon Northwest Company for this project. It involves relocating 590 feet of Upper Johnson Creek into 870 feet of new creek channel within an existing wetland. Drainage District No. 2 of King County owns a strip of land parallel to Upper Johnson Creek. This Easement Agreement will provide access to build and maintain this project. The City also agrees to monitor and maintain the flow of Upper Johnson Creek in the S. 212t" St. culvert for five years after the flow in Upper Johnson Creek is diverted. Expenditure: None U\PWCommmee\ActionPage\2009\070209 Easement Agrmnl Dmg Dist 2 Upper Johnson Creek Restoration Prej doc 57 WHEN RECORDED RETURN TO: Review/Property DevelopmentServices p City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Drainage District No. 2 of King County Grantee: City of Kent Abbreviated Legal Description: NE '/a SEC. 10 T 22N R 4E Additional Legal Description in Exhibit "A" of Document. Assessor's Tax Parcel ID No. 102204-9045 STR: NE 1/4 SEC. 10 T22N R 4E Project Name: Up er Johnson Creek Restoration STORM DRAINAGE EASEMENT AGREEMENT This Agreement is entered into between Drainage District No. 2 of King County, a Washington corporation ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt w ich is hereby acknowledged, and the City of Kent ("Grantee"), for the purpose of conveying storm water runoff across Grantor's real property. Grantor hereby conveys and quit claims to Grantee, a Storm Drainage Easement with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of the storm drainage system described in the next paragraph over, under, through, across and upon the following described real property, situated in King County, Washington: SEE EXHIBIT "A" ATTACHED Drainage District 2&City of Kent g h' Page 1 of 4 58 The purpose of this Easement is to allow Grantee to divert the water that flows through Grantee's drainage ditch, such diversion to occur in the southwesterly portion of Tax Lot 102204-9004, into a new channel that meanders across Grantee's properties and returns the water to Grantor's drainage ditch in the northwesterly portion of Tax Lot 102204-9139. If any disputes arise as to the scope of this Easement, said disputes shall be resolved in favor of allowing Grantee use of the Easement area no broader than necessary to accomplish the purpose set forth in this paragraph and not for other uses. As a condition of the grant of easement, Grantee shall, for a term of five (5) years after completion of its Upper Johnson Creek Restoration project, annually, or more frequently as necessary to avoid flooding, vacuum any sediments from the 48" diameter culvert (corrugated metal pipe) under S. 212th St. at 42nd Ave. S. that collect there over and above the sediments that exist in that culvert currently. The parties hereto agree that at time of execution of this Agreement, the depth of the existing sediment in that culvert is one and five one-hundredths (1.05) feet NAVD at the south end of the culvert and three-tenths (0.3) feet NAVD at the north end of the culvert. j Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the storm drainage system described herein, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use does not interfere with the uses described in this document. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions, and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this Drainage District 2&City of Kent Page 2 of 4 59 easement; provided, however, that Grantor shall be responsible for Grantor's own negligence. This Storm Drainage Easement Agreement shall be a co enant running with the land, and shall bind Grantor's and Grantee's successors and assigns and all future owners of the real property affected by this easement. This Agreement shall be effective on the date of recording. GRANTOR(S): Drainage District No. 2 f King County 1 By: Print ame: Richard A.1 Omlid Its : Commissioner DATE: By: s X �Ij_ Print Name: Thomas R O'Connell Its : Commissioner DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING -{� ) On this � � � day of QCkl't-e 2009, be re me a Notary Public in and for the State of Washington, personally appeared _Ric and A. Omlid and Thomas R. O'Connell_, to me known to be the Commission rs of Drainage District No. 2 of King County, a Washington municipal corporation t at executed the foregoing instrument, and acknowledged it to be the free and volu tary act of said corporation, for the uses and purposes mentioned in this instrum nt, and on oath stated that they were authorized to execute said instrument. Drainage District 2&City of Kent Page 3 of 4 60 Notary Seal Must Appear Within This Box- IN W��, �5 WHEREOF, I have hereunto set my hand and official seal the day andi s ye written, rr aV k = s r i % ,�lys•Za'to o4'0 NOTARY PUBLIC, in and for the State r�/r�� ' u���������e� of Washington, residing at 14 NOV%M My appointment expires '40 / GRANTEE: City of Kent By., Yi i Print Name: Suzette Cooke Its : Mayor DATE: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 61 ST. DEMETRIOS T.L. 102204-9003 S 2�2 NST 0 i i 30' s PERMANENT STORM DRAINAGE O EASEMENT AREA ' Lu lW,Z QLu < Z CITY OF KENT _ N o � Q � T.L. 102204-9139 t o _ �- �� 0 Q L Q 9 ! CITY OF KENT T.L. 102204-9004 a c Q �-., --NEW CREEK 91 PERMANENT 11 CHANNEL LOCATION �N STORM DRAINAGE r EASEMENT 1 rJ' AREA �• —EXISTING DETENTION POND KING COUNTY T.L. 102204-9124 DRAINAGE DISTRICT #2 OF KING COUNTY NT NE Y4 SEC. 10 T 22N R E WA.NIMOTOY T.L. 102204-9045 CITY OF KENT SCALE: DATE: PROJECT NO: E�O111BR ENGINEERING DEPARTMENT r 2 os— 12 A Exhibit A 62 i Drainage District#2 of King County Easements That portion of the south 100.00 feet of the south half of the north half of the southwest quarter of the northeast quarter of Section 10, Township 22 North, Range 4 East, W,M., in King County, Washington, lying within Drainage District Number 2 of King County; Together with that portion of the north 150.00 feet of said south half of the north half of the southwest quarter of the northeast quarter of Section 10, Township 22 North, Range 4 East, W.M., in King County, Washington, lying within said Drainage District Number 2 of King County, JJ`* i is ^:,Y�° w..a�•, `^` ,`'. '! i �•1` +•rt � ,4�V� I l Kent City Council Meeting Date August 4, 2009 Category Consent Calendar - 6J 1. SUBJECT: ANCHOR QEA LLC/LAKE MERIDIAN OUTLET PROJECT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract with Anchor QEA LLC for the Lake Meridian Outlet Project in an amount not to exceed $24,060 and any necessary amendments or additional contracts with this consultant if within established budgets, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Under this contract, Anchor QEA LLC will prepare bid documents and finalize permits and will provide construction support of the Lake Meridian Outlet Project. This consultant will help support Phases II & III of the City's Lake Meridian Outlet Project. 3. EXHIBITS: Public Works Memo dated 7/10/09 and Consultant Agreement 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION:_ ACTION: 63 PUBLI WORKS DEPARTMENT Larry R. Blanc ard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A S H I N G T O N Addre s: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 10, 2009 To: Chair Deborah Ranniger and Public Works Committee M mbers PW Committee Meeting Date: July 20, 2009 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Consultant Contract/Anchor QAE, LLC - Lake Meri ian Outlet Project Motion: Move to recommend authorization for the Mayor to sign the Anchor QEA, LLC Contract Agreement for the Lake Meridian Outlet Project in an amount not to exceed $24,060.00, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This contract continues improvements planned for the Lake Meridian Outlet Project. Phase I, completed in 2007 included a new pedestrian bridge, culvert,, weir, and some channel work east of 152nd Ave S. Phases II and III, which this contract supports, includes construction of roughly 2000 feet of new stream channel a tending east from Lake Meridian to Big Soos Creek. Once constructed, the new channel will include fish friendly habitat features such as native plantings, wood structures, streambed gravels and pools. Phase III, the final phase of the project, includes wetlan:utlet work along 152nd Ave S. Under this contract Anchor Environmental, Inc. will prepare biddocuments, finalize permits, and will provide construction support of the Lake Meridian Project. Budget Impact: There will be no unbudgeted fiscal impacts. U•IPWCommitteelActionPagel2009ldate doc 65 • KEN T WAS III N O T O N CONSULTANT SERVICES AGREEME T between the City of Kent and Anchor QEA, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Anchor QEA, LLC organized under the I ws of the State of Washington, located and doing business at 811 Kirkland Avenue, Suite 200, Kirkland, WA 98033 Phone: (425) 827-3243/Fax: (425) 827-3509, Contact: Gerald B bee (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide additional services for Phase 2 of the Cow Creek Relocation/Restoration Project. For a description, see the Consul ant's March 17, 2009 Scope of Work which is attached as Exhibit A and inco porated by this reference. Consultant further represents that the services furnished under his Agreement will be performed in accordance with generally accepted professional practices ithin the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work ill begin on the tasks described in Section I above immediately upon the effective date of thi Agreement. Upon the effective date of this Agreement, Consultant shall complete the work d scribed in Section I by September 30, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and mat rials, an amount not to exceed Twenty Four Thousand, Sixty Dollars ($24,06 .00) for the services described in this Agreement. This is the maximum amou t to be paid under this Agreement for the work described in Section I above, an shall not be exceeded iwithout the prior written authorization of the City in the f rm of a negotiated and executed amendment to this agreement. The Consultant grees that the hourly or fiat rate charged by it for its services contracted for herein shall remain locked at lthe negotiated rate(s) for a period of one (1) year from he effective date of this Agreement. The Consultant's billing rates shall be as delin ated in Exhibit B. r CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 66 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. 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 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 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 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 Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 67 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, nd upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify a d hold the City, its officers, officials, employees, agents and volunteers harmless from any an all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, rising out of or in connection with the Consultant's negligent performance of this Agreem nt, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work whe completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreem nt 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 neglige ce of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDER OOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSUL ANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FO THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT T EY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain f r the duration of the Agreement, insurance of the types and in the amounts described in E hibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its est efforts to provide reasonable accuracy of any information supplied by it to Consultan for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS Original documents, drawings, designs, reports, or any other records developed or created nder this Agreement shall belong to and become the property of the City. All records submi ed by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make uch data, documents, and files available to the City upon the City's request. The City's use r reuse of any of the documents, data and files created by Consultant for this project b anyone other than Consultant on any other project shall be without liability or legal exposure o Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consult nt is an independent contractor with the authority to control and direct the performance a d 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 com letion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Con uitant shall take all necessary precautions and shall be responsible for the safety of its a ployees, agents, and subcontractors in the performance of the contract work and shall utilize II protection necessary for that purpose. All work shall be done at Consultant's own risk, a d Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 68 responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. 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 VII 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 Consultant. 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. 1 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 69 H. Compliance with Laws. The Consultant agrees to comply with II federal, state, and municipal laws, rules, and regulations that are now effective or in the futu a become applicable to Consultant's business, equipment, and personnel engaged in operati ns covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in an nu ber of counterparts, Y each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: f By: signature) (signature) Print Name: Print Name: Suzette Cook Its !er ,- Its Mayor (ttv, DATE: eln >✓�� DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gerald Bibee Larry R. Blanchard Anchor QEA, LLC City of Kent 811 Kirkland Ave., Suite 200 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 827-3243 (telephone) (253) 856-5500 (telephone) (425) 827-3509 (facsimile) (253) 856-6500 (facsimile) ROVED TO FORM: Ke L artment Anchor QEA-Cow Creek Ph 2 Supp/Tan CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 70 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this *�� � day of J���. , 200P'�. For: Title: Date: (z, EEO COMPLIANCE DOCUMENTS - 1 71 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: 3anurY 1► 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: Aril 1, 1996 CONTRACTORS APPROVED BY aim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will co 1form to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the follows ig affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's i 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 Planni g, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 72 CITY•OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the _ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 73 Exhibit A City of Kent- Cow Creek Relocation/Restoration Project Supplemental Phase 2 Services (Revised) Design Revisions, Permitting, and Construction Management Assistance This exhibit defines additional professional services to be provided to the City 01 Kent,Public Works Department(City,Client)by Anchor QEA,LLC(Anchor QEA,Consultant)for the Cow Creek Relocation/Restoration Project. These services are a revision and extension to previously authorized Phase 2 services that will provide: 1)completion of requested adjustments to the Phase 2 final design products in response to U.S.Army Corps of Engineers(US CE)requested design modifications for project bids procurement,2)assistance with securing remaining agency permits,3)requested engineering review, periodic field oversight,and response during Phase 2 construction(as limited by scope of work assumptions),and 4)service tasks project management,meetings attendance,and coordination. The project relocation/restoration reach extends between the Lake Meridian Outlet,west of 152^d Way Southeast,and the future Cow Creek confluence with Big Soos Creek,located within 1 the City of Kent Lake Meridian Park and King County Gary Grant Soos Creek Pe rk. Phase 2 includes the Cow Creek Improvements beyond those previously constructed in hale 1 at the Lake Meridian Outlet. Phase 2 improvements include a flow splitter at the confluence of the existing and new channels,and approximately 2,250 feet of new Cow Creek channel with associated fish habitat features extending east from the existing channel confluence to the new Big Soos Creek confluence. Phase 2 improvements are expected to be construction in 2009. Phase 3(not included in this scope of work)would include restoration improve tents within the existing Wetlands C through F along the existing stream channel corridor south of the flow splitter and extending downstream to 152^d Avenue Northeast. This construction is anticipated during the summer of 2009 or 2010. Required services to support Phase 3 will defined after the completion of Phase 2 services,and may be authorized by a separate suppler tent at a later date. SCOPE OF WORK The scope of work, key assumptions,and deliverable products for these supplemental Phase 2 services are described in detail below. Scope of Work—City of Kent 1 Anchor QEA,LLC Cow Creek—Supplemental Phase 2 Services(Revised) March 17,2009 74 Task 1 —Final Design Revisions in Response to City and Contracting/Permitting Agency Comments for Bid Documents Preparation 1.1 Update technical specifications Special Provisions and provide a bid schedule with payment items consistent with the technical specifications and the Engineer's existing quantities estimate(assumes continued use of 2004 APWA/WSDOT Standard Specifications and project-specific Special Provisions). Submit bid-ready technical specification Special Provision document files to City staff for forward to the USACE. 1.2 Prepare a bid-ready set of final design plans in AutoCAD and PDF electronic file formats. This assumes only minor adjustments in response to City comments on the revised design drawings submittal(7/21/08)that responded to USACE comments,as limited by the budgeted level of effort. Task 2—Agency Coordination to Secure Remaining Permit Approvals 2.1 Coordinate with WDFW on revisions made in response to prior Washington Department of Fish and Wildlife(WDFW)comments on the 90%design for concurrence on Hydraulic Project Approval (HPA)issue to for Phase 2 and 3 construction. No further design changes are assumed under this task. 2.2 Coordinate with Ecology and final wetland mitigation plan approval and for Section 401 consistency review/approval. No further changes to that plan or to surface and groundwater analysis associated with further design changes are assumed under this task. 2.3 Coordinate with the City and USACE project team staff to facilitate issue/update of a letter authorizing Phase 2 work under targeted Nationwide Permits(NWPs). No further updates to JARPA, the prior USACE Biological Evaluation,or to the USACE NEPA and City SEPA environmental assessment documents are assumed to be needed. Task 3—Construction Period Assistance 3.1 Provide review and response to up to two USACE and City Requests for Information (RFIs)as submitted by the construction contractor. These responses will typically be a r brief technical memorandum to clarify the design criteria and/or intent,or to consider i alternative construction materials or installation requirements. 3.2 Provide review and response to up to three contractor submittals in response to plans and specifications requirements. Responses will typically be comments on the as- Scope of Work—City of Kent 2 Anchor QEA,LLC Cow Creek—Supplemental Phase 2 Services(Revised) March 17,2009 75 submitted drawings accompanied by a brief technical memorandum of xplanation. It is assumed that submittals may require a brief review and response to submittals. 3.3 Conduct construction phase observation and reporting to the City staff based on up to two City-requested site visits. Complete up to one-half day of field observation(one staff) for each request as coordinated with City staff. Prepare brief observation reports for submittal to the City incorporating documentation of field conditions and recommendations to maintain conformance with the design documents intent and details. 3.4 Conduct a final review of the constructed Phase 2 components(one-half ay,one staff) with City and USACE project team staff. Provide review of and commei it on punch list items as provide by USACE and City staff. Task 4—Project Management, Meetings,and Coordination 4.1 Coordinate with City project team staff,USACE staff,and internal projed team staff for successful completion of assigned services. This will include coordination(as limited by the assigned budget)during the construction phase associated with requested services. 4.2 Prepare for and attend one one-half day meeting with City,USACE,and agency representatives to discuss design revisions in response to comments,permitting questions,and construction phase questions or issues. 4.3 Complete QA/QC senior review of deliverable products submitted. 4.4 Complete project setup and monthly invoicing and status reporting. Key Assumptions 1. No further design revisions to project components/features or their alignments will be required. 2. Design modifications to hydraulic structures and controls are not requirei I,and no further supporting hydraulic analysis is needed. 3. All specifications Special Provisions will be in reference to the 2004 verse n of the WSDOT/APWA Standard Specifications. 4. Bid items and their format(unit price with limited lump sum items)will i tot be modified. Scope of Work—City of Kent 3 Anchor QEA,UC Cow Creek—Supplemental Phase 2 Services(Revised) March 17,2009 76 Deliverable Products The deliverable products(hardcopy plus applicable electronic files unless otherwise noted)to be submitted for this supplemental Phase 2 work includes: 1. Bid-ready final design drawings for Cow Creek relocation/restoration improvements (civil and landscape components for Phases 2 and 3)in AutoCAD and PDF file formats; revised technical specifications(Divisions 2 through 9)Special Provisions in Word and PDF file formats-both all as the product of Task 1 services. 2. Existing documents(as available from prior services) for permitting agencies inputs (WDFW, Ecology, USAGE) as the product of Task 2 services. 3. Markup of submitted materials and technical memoranda responses for to up to two RFIs and three contractor submittals;field observation reports for up to three construction phase site visits;comments on construction punch list—all as the product of Task 3 services. 4. Monthly invoices,status reports, cost spreadsheets, and document review comments as the product of Task 4 services. FEE ESTIMATE The attached Exhibit B-1—Fee Estimate,summarizes the Anchor QEA fee estimate to complete the additional services and deliverable products as described above. Invoicing will be based on a time and reimbursable expense basis in accordance with the Anchor QEA current billing rates as shown in Exhibit B-2—2009 Fee Schedule. A 10 percent service charge will apply to subconsultant services(if any)and to Anchor QEA reimbursable(outside)expenses. The estimated maximum fee is$24,060 for these services. The estimated fee will not be exceeded without City of Kent authorization as may be associated with agreed-to changes in work scope or products. SCHEDULE The schedule for execution of these services is targeted to extend through December 31,2009. The schedule may require adjustment as the work proceeds to reflect items beyond the direct control of Anchor QEA. In the event of unavoidable schedule delays,Anchor QEA staff will work with City staff to adjust the project schedule as mutually agreed. Scope of Work—City of Kent 4 Anchor QEA,LLC Cow Creek—Supplemental Phase 2 Services(Revised) March 17,2009 77 N _ �y W . o m O Mk m m n_g, �, � N��j0000000r+oo a o�i r L v E 9 3� - N wwwwNwHw NNNNN N wNNwNw w N q Z _ . . . . . . . . . w N N N N N N w w N N N N N N w N N N N w H N w • _: �m o000000000000 0 w wwNwwwww wNNNw N NwwwNw w w N - -- _ - �n o000000000000 0 N w N w w w N g N N N N N N N aN N w N N N H N N fDnroO/O YY YYy Y N W W H 0 0 0 0 0 00000000 O H � r W y LL 0000000000000 0 - - w wwNNNwwN NwwNw NNNNw wN w N N m N to p ��= - '�eo or,N0000000000 �� o y � � ;=' N wwNNwwNN wwwNw NNNwwwNN N w N p m •p` �j N wNNwN NNN NNNNN wN NNq NN N w N N m r¢ 6 0 Vim _ ' � oo�0000000000 $m O ~ U.(j 0 & � N 44.0 w w N VP 0) N N N N N N N N w w N w N q N w z � �o;�� '�.ou' °oro-an _ _ o n. 0 0 w JQ JujZf �q is 0 LU �a =gym g wwww y C m pia m g m; r 78 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Comi]iercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 79 EXHIBIT- C-(continued) Y 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary in iurance as respect the City. Any Insurance, self-insurance, or insu ance pool coverage maintained by the City shall be excess of theContractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insure on all policies (except Professional Liability) as respects work erformed by or on behalf of the contractor and a copy of the end rsement naming the City as additional insured shall be attached o the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Cor tractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insL red against whom claim is made or suit is brought, except with resp cts to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited t the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ACORD. CERTIFICATE OF LIABILITY INSURANCE OATS(-5120YYYI) 5/2009 PRODUCER Commercial Lines... 206-701-5000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services; CA Lic.#0531007 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXPEND OR PO Box 91143 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 98111 - ' - - --INSURERS-AFFORDING COVERAGE- NA1C_#..�. - INSURED Anchor QEA,LLC INSURER A. Travelers Indemnity of America 25666 1423 3rd Ave.,Ste 300 INSURER B. Seabright Insurance Company 15563 INSURER C: Underwriters at Lloyds,London 15792 INSURER 0: Seattle,WA 98101 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA N R TYPE OF INSURANCE POLICY NUMBER OLICY EFCTIVE POLICY EXPIRATION AT M p 7 M DD LIMITS GENERAL LIABILITY 680-5251 L034-TIA-08 10/10/08 10/10/09 EACH OCCURRENCE $ 1,000,000 �( TO RENTED COMMERCIAL GENERAL LIABILITY PREDAMAGE accurrencel $ 1,000,000 CLAIMS MADE �OCCUR MED EXP(Any one person) $ 5,0 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY PRO X LOC A AUTOMOBILE LIABILITY BA-5398L892-08-GRP 10/10108 10/10/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000, 001 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) r^ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ t - ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ID CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ TH- B WORKERS COMPENSATION AND BB3090108 01/23/09 01/23/10 X we sTA IT- o. EMPLOYERS,LIABILITY ANY PROPRtETOR/PARTNERIEXECUTIVE USL&H E.L.EACH ACCIDENT $ 1,000, OFFICERIMEMBER EXCLUDED? El DISEASE-EA EMPLOYEE $ 1,000, S yes,descnbe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER C Professional Liability 1/1 W 15K2L08PNPA 10/10108 10/10109 $1,000,000 Each Claim l$1,000.000 Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:COW CREEK RELOCATION/RESTORATION PROJECT. CITY OF KENT IS PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION UNDER GENERAL LIABILITY A ADDITIONAL INSURED WITH WAIVER OF SUBROGATION UNDER AUTO LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATION OF THE NAMED INSURED PER THE ATTACHED ENDORSEMENTS.SEPARATION OF INSUREDS CLAUSE APPLIES. DJT CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH Attn:Nacncy Yoshitake IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 400 West Gowe REPRESENTATIVES, Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 613429 O ACORD CORPORATION188 (This certificate replaces certificate#613428 Issued on 612512009) 81 If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorscd. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorse ent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certa n policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a 0C ntract between the issuing insurer(s), authorized representative or producer, and the certificate hold r, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policif s listed thereon. ACORD 25-S(2001/08) 2 of 2 #S9152601M915043 82 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PL ASS REAd71T-CAR15I=ULLY. ARC ENGINEERS AND SURVEYORS ARCHITECTS, XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing Is a genera) coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what Is and Is not covered. A. Broadened Named Insured N. Additional Insured -- Architect, Engineer Or S. Incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily Injury Or Property O• Who Is An Insured—Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft-- increased To Up To 75 P. Who Is An Insured -- Unnamed Partnership Or feet Joint Venture--Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution -- Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exciusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- I. increased Supplementary Payments tract Or Agreement U. Amended Bodily Injury Definition Of J. OAdditional insured — Owner, Manager Or Lessor V. Amended Insured Contract Definition — Railroad Premises K. Additional insured—Lessor Of Leased Equipment Easement L. Additional Insured State Or Political Subdivi- W. Amended Property Damage Definition—Tangible sions—Permits Relating To Promises - Property M. Additional Insured - State Or'Politicai Subdivi- X. Additional Definition — Contract or Agreement sions—Permits Relating To Operations Requiring Insurance PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, If any, during the 1. The Named Insured in item 1. of the Com- policy period, that you no longer are the sole mon Policy Declarations is amended as fol- owner of, or maintain the majority ownership f interest in,such organization. lows: 2. This Provision A. does not apply to any pqr- The person or organization named in Item 1. son or organization for which coverage Is ex- of the Common Policy Declarations and any cluded by another endorsement to this Cov- organization, other than a partnership, joint erage Part. venture, limited liability company or trust, of B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership Interest on 1. The following Is added to Paragraph 1.Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY t CG D3 79 09 07 ©2007 The Travelers Companies,inc. Page 1 of 8 r83 i' COMMERCIAL GENERAL LIABiLi rY INJURY AND PROPERTY DAMAGE Li- C. REASONABLE FORCE BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intend ad Injury Exclusion in 1 or failure to render, "first aid" or "Good Sa- Paragraph 2. Excluslof is of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND 31ROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERA ES (Section 1) is de- deemed to be caused by an "occurrence". leted and replaced by the oolowing: For the purposes of determining the applica- Expected Or Intended In ury Or Damage ble limits of Insurance, any act or omission "Bodily injury" or"props damage" expected or together with all related acts or omissions In the furnishing of the services to any one per- intended from the standp int of the Insured. This son will be deemed one"occurrence". exclusion does not appi to "bodily injury" or 2. As used In this Provision B.: "property damage" resultt g from the use of rea- sonable force to protect ay iy person or property. a. "First aid" means medical or nursing ser- D. NON-OWNED WATERC 1AFT — INCREASED vice, treatment, advice or instruction;the TO UP TO 75 FEET related f6mishing of food or beverages;the furnishing or dispensing of drugs or 1. The exception contat ed in Subparagraph (2) medical supplies or appliances; of the Aircraft, AutO Or W sion in 2. Excl atercraft Exclu- usl s of COVERAGE A b. "Goad Samaritan services" means those BODILY INJURY A D PROPERTY DAM- medical services rendered or provided in AGE LIABILITY to C VERAGES (Section 1) an emergency and for which no remu- is deleted and replac by the following; neration Is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO iS AN IN- (2) A watercraft you o not own that is: SURED (Section 11)does not apply to any of (a) Less than 75 feet long:and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per property for a charge; forming the services described in Paragraph 2. Only as respects the Insurance provided by •.m...� 1. above and while acting within the scope of this Provision D., HO IS AN INSURED „ their employment by you. Any such "employ- (Section 11) Is am ed to include as an in- ees" rendering "Good Samaritan services" sured any person o, with your expressed will be deemed to be acting within the scope or implied consent, er uses or is respon- rof their employment by you, sible for the use of the watercraft. o 4. The following exclusion is added to Para- 3. The insurance provk ed by this Provision D. o graph 2. Exclusions of COVERAGE A BOD- shall be excess over iny valid and collectible o ILY INJURY AND PROPERTY DAMAGE other insurance avi liable to the insured, LIABILITY In COVERAGES (Section 1): ' whether prim ary,ary, a , contingent or on Sale of Pharmaceuticals any other basis, ex apt for insurance pur- "Bodily injury" or"property damage" axis- chased specifically you to apply In excess ing out of the willful violation of a penal of the Limits of ins: ce shown in the Decla- -= statute or ordinance relating to the sale of rations for this Cove ge Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTEREI 1 WITH CREW knowledge or consent of the Insured. 1. The following Is adds J to the exceptions con. 5, The insurance provided by this Provision B. tained In the Aircra t, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Parag ph Z. Exclusions of --=- other insurance available to the insured, COVERAGE A BODILY INJURY AND m whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY In COV- any other basis, except for insurance pur- ERAGES (Section 1) --- chased specifically by you to apply in excess Aircraft chartered witi crew, including a pilot, of the Limits of insurance shown in the Decla- to any insured. rations for this Coverage Part. Page g 2007 The Travelers Companies,Inc. CG D3 79 09 07 004023 84 bbMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply If the char- any one premises while rented to you, or tered aircraft Is owned by any insured, temporarily occupied by you with permission 3. The Insurance provided by this Provision E. of the owner, caused by: fire; explosion;light- shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other Insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage!' proximately caused by chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown In the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part, smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning; or water,or any combination of any of these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The last paragraph of COVERAGE A BOD- Limit will be the higher of ILY INJURY AND PROPERTY DAMAGE a. $1,000,000,or LIABILITY In COVERAGES (Section 1) Is deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c. through n. do not apply to dam- Premises Rented To You Limit In the age to premises while rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you With permission of 4. Paragraph a.of the definition of"Insured con- the owner,caused by: tract"In DEFINITIONS (Section V)Is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises, How- c. Lightning; ever, that portion of the contract for a lease of premises that Indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to slon,or lightning; or premises while rented to you, or tempo. e. Water rarily occupied by you with permission of the owner, caused by: fire; explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE(Section 111). "insured contract"; 2. The insurance under this Provision F. does S. This Provision F. does not apply if coverage not apply to damage to promises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you With COVERAGE A BODILY INJURY AND permission of the owner,caused by: PROPERTY DAMAGE LIABILITY in COV. a. Rupture, bursting, or operation of pres- ERAGES (Section 1) Is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION—EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure,caused by or resulting from wa- OTHER EXCLUSION ter;or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion In 2. Exclu- steam engines, or steam turbines, sions of COVERAGE B PERSONAL (INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN. (Section 111) Is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 6. above, the Damage To Prem' This exclusion does not apply to "personal injury" Ises Rented To You Limit is the most we will caused by malicious prosecution, pay under Coverage A for the sum of all damages because of "property damage" to i. CG D3 79 09 07 0 2007 The Travelers Compenles,Inc. Page 3 of 6 85 COMMERCIAL GENERAL LIABiUTY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or Jamolition operations tions for this Coverage Part is Increased to performed by or on behalf of such $10,000. additional insu ed;or i. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage Is Paragraphs 1.b. and 1.d. of SUPPLEMENTARY excluded by another endorsement tothis Coverage art. PAYMENTS -- COVERAGES A AND B In COV- ERAGES (Section I) are amended as follows: 3. This Provision J. does not apply on any 1, in Paragraph t.b., the amount we will pay for basis to any pers n or organization for the cost of ball bonds Is increased to$2500. which coverage a an additional Insured specifically Is a ded by another en- s. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to$500 a day. K. ADDITIONAL INSURE — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSU ED (Section 11) Is 1. WHO IS AN INSURED (Section II) is amended to include as an insured: amended to Include as an insured, Any person or organ ation that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insued on this Coverage as an additional Insured on this Coverage Part, but: Part, but: a. Only with respell t D liability for"bodily in- a. Only with respect to liability for"bodily in- jury"or"property damage"that occurs, or jury" or"property damage"that occurs, or "personal Injury" caused by an offense "personal injury" caused by an offense committed, after ou have entered into committed, after you have entered Into that contract or ag ement;and that contract or agreement; and b. Only if the "bodily injury", "property dam- .. " .. b. Only if the bodily Injury", property dam- age or personal injury is caused, in a age" or "personal injury" Is caused, In whole or in part, t acts or omissions of �,. whole or in part, by acts or omissions of you or any perso i or organization per- you or any person or organization per- forming operation, on your behalf, in the forming operations on your behalf, and maintenance, ope ation or use of equip- arises out of the ownership, maintenance ment leased to yo i by such additional in- or use of that part of any premises leased sured. ° to you under that contract or agreement. 2. The Insurance provld to such additional 2. The Insurance provided to such additional insured under this P is, K. is subject to insured under this Provision J. is subject to the following provisions. - the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional Insured shall be the limits which you agreed to provide in the con- which you agreed to provide In the con- tract or agreement or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less and ° whichever are less; and b. The Insurance afforded to such additional b. The Insurance afforded to such additional insured does not a ply: insured does not apply to: (1) To any "bodil I injury" or "property (1) Any "bodily injury" or"property dam- damage"that rs, or"personal In- • age" that occurs, or "personal Injury" jury" caused IV an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page 4 of 8 ®2007 The Travelers Companies,Inc. CG D3 79 09 07 004924 86 1 Cr• CUN MERCiAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED -- ARCHITECT, ENGI- operator, NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of ' to any person or organization for which cow WHO IS AN INSURED (Section 11)to include erage as an additional insured specifically is as an Insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED -• STATE OR POLITI- agreement requiring Insurance" to Include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily In- The following is added to Paragraph 2. of WHO jury". "property damage" or "personal injury" IS AN INSURED (Section 11) to Include as an that Is caused, in whole or In part, by acts or Insured; omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a year premises or"your work". permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only 2. Thls Provision N,does not apply on any basis with respect to"bodily Injury","property damage", to any person or organization for which cov- "personal injury" or"advertising injury" arising out erage as an additional Insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction,erection or removal of adver- erage Part. tising signs, awnings, canopies, cellar entrances, O. WHO 15 AN INSURED--NEWLY ACQUIRED coal holes,driveways,manholes, marquees, hoist OR FORMED ORGAN17ATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decoratlons for which that state or (Section 11) is deleted and replaced by the ' political subdivision has Issued such permit. following: M. ADDITIONAL INSURED -- STATE OR POLITI- a. Coverage under this provision Is afforded �• CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever Is earlier. Any IS AN INSURED (Section 11) to include as an such newly acquired or formed organlza- insured: tion that you report In writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily Injury", organization will be covered under this "property damage", "personal Injury" or"advertis- provision until the end of the policy pe- ing injury" arising out of operations performed by• riod, even If there are more than 180 you or on your behalf for which that state or po- days remaining uritil the end of the policy litical subdivision has Issued such permit. How- period; ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily Injury", "property damage", "personal another endorsement to this Coverage Part. Injury" or "advertising Injury" arising out of P. WHO IS AN INSURED—UNNAMED PART. operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily Injury" or"property damage" included (Section II) Is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named in- sured In the Common Policy Declarations. CG D3 79 09 07 0 2o07 The Travelers Companies,Inc, Page 6 of 8 r 87 t ' COMMERCIAL GENERAL LIABILITY ' However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under overage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Liml for that "project", but i a. That Is not shown as a Named Insured in shall not reduce: the Common Policy Declarations, and a. Any other Per Pr ject General Aggregate b. In which you are a member or partner Limit for any oth "project"; ' where each and every one of your co- b, The General Agg egate Limit;or ventures in that joint venture Is an arch!- c. The Products Co pleted Operations Ag- tectural, engineering, or surveying firm. gregate Limit. 2, This Provision P. does not apply to any per- The limits shown in he Declarations for this son or organization for which coverage is ex Coverage Pad for ach Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Re ad To You and Medical erage Part. Expense are also su ject to the Per Project 3. The insurance provided by this Provision P. General Aggregate mit when the Per Pro- shall be excess over any valid and collectible ject General Aggreg e.Limit applies. ' other Insurance, whether primary, excess, 3. As used in the Prov n Q.:contingent or on any other basis, which Is available covering your liability with respect "Project" means an a ea away from premises to your conduct of the business of any current owned by or rented o you at which you are or past partnership or joint venture that is not performing operation pursuant to a contract shown as a Named Insured in the Common or agreement. For th purposes of determin- Policy Declarations and which Is Issued to Ing the applicable a gregate limit of Insur- such partnership or joint venture, ance, each "project" that Includes premises Q. PER PROJECT GENERAL AGGREGATE LIMIT Involving the same or connecting lots, or premises whose connection is interrupted !. Paragraph z, of LIMITS OF INSURANCE only by a stret, roa ay, waterway or right- 0(Section Ill) Is deleted and replaced by the of--way of %railroads all be considered a sin- following: gle"project", The General Aggregate Limit Is the most we R. KNOWLEDGE AND NO CE OF OCCUR- ` will pay for the sum of: RENCE OR OFFENSE m— a. Damages under Coverage B;and The following is added to Paragraph 2. Duties In ° b. Damages from "occurrences" under Cov- The Event of Occam n e, Offense, Claim Or erage A and for all..,medical expenses suit of COMMERCIAL GENERAL LIABILITY i S CONDITIONS ND (Section caused by accidents under Coverage C CO ): N, which cannot be attributed only to opera- Notice of an "occurrence or of an offense which - tions at a single"project". may result in a claim must be given as soon as =� 2. The following i5 added to LIMITS OF {N- practicable after know) a of the "occurrence" "�... or offense has been re ed to you, one of our _ SURANCE(section ill): p° y y ...rr A separate Per Project General Aggregate "executive officers" of yo are a corporation),one Limit applies to each "project" for all sums of your partners who Is a Individual (if you are a ' which the insured becomes legally obligated partnership), one of your managers (if you are a to pay as damages caused by "occurrences" limited liability company , one of your trustees under Coverage A and for all medical ex 0 is an"individual (if ou are a trust), or an penses caused by accidents under Coverage employee (such as an Insurance, loss control or C which can be attributed only to operations risk manager or administr3too designated by you at a single "project", and that limit is equal to to give such notice. • the amount of the General Aggregate Limit Knowledge by any other"i itmployee"of an"occur- shown in the Declarations for this Coverage rence" or offense does r of Imply that you also Part, have such knowledge. Page 6 of 8 ®2007 The Tmeters compentes,Inc. CG D3 79 09 07 004925 , 88 r COMMERCIAL GENERAL LIABILITY - ---------------- -------------- - Notice of an "occurrence" or of an offense which 4. "Your products". may result in a claim will be deemed to be given We waive these rights only where you have r as soon as practicable to us If it is given in good agreed to do so as part of a contract or agree- faith as soon aspracticabie to your workers'com- meat entered into by you before, and in effect pensation, accident, or health insurer. This ap- when, the "bodily injury" or "property damage" piles only if you subsequently give notice of the occurs, or the "personal injury" offense or"adver- occurrenoe or offense to us as soon as practi- tising injury"offense Is committed, cable after you, one of your executive officers U. AMENDED BODILY INJURY DEFINITION (if you are a corporation), one of your partners who is an individual (i€ you are a partnership), The definition of"bodily Injury" in DEFINITIONS one of your managers(if you are a limited liability (Section V)is deleted and replaced by the follow- company), one of your trustees who Is an indivld- Ing: , ual (if you are a trust), or an"employee" (such as "Bodily injury"means: an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice a• physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; involve this policy, b. Mental anguish, injtlryor illness, or emotional S. UNINTENtIONAL.OMISSION distress, resulting at any time from such 1. The following Is added to Paragraph 6. Rep- physical harm, sickness or disease;or resentations of COMMERCIAL. GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS(Section IV); any time from such physical harm, sickness The unintentional omission of, or uninten- or disease. tional error In, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we reified upon in issuing this pol- --RAILROAD EASEMENT Icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of"insured Insurance. contract"In DEFINITIONS (Section V)is de- ; r 2. This Provision S. does not affect our right to feted and replaced by the following; . collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewat in accor 2. Subparagraph f.(z) of the definition of "in- dance with applicable Insurance laws or regu- sured contract" in DEFINITIONS (Section V) lations, is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN -.TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer The definition of "property damage" in DEFlNI- TiONS (Section V) Is deleted and replaced by of Rights of Recovery Against Others to Us of the following: COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): "Property damage"means: We waive any rights of recovery we may have a. Physical Injury to tangible property, including against any person or organization because of ail resulting loss of use of that property. All payments we make for "bodily Injury", "property such toss of use shall be deemed to occur at damage", "personal injury" or "advertising injury' the time of the physical injury that caused it; arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the"occur- 2. Ongoing operations performed by you, or on rence"that caused It. your behalf, under a contract or agreement For the purposes of this insurance,tangible prop- with that person or organization; erty does not include data. 3. "Your work';or CO D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 7 of 8 r89 r, COMMERCIAL GENr:RAL LIABILITY ' X. The following definition is added to SECTION V— and "property damage" rs, and the "personal DEFINITIONS: injury"is caused by an ofilense committed: "Contract or agreement requiring Insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement: under which you are required to include a person b. While that part of that contract or agreement or organization as an additional insured on this Is In effect; and Coverage Part, provided that the "bodily Injury" c. Before the end of the policy period. 1 1 1 r 1 rd� e Pww�r 1 ' Page 9 02007 The Travelers Companies,Inc. CG D3 78 09 07 ooasze 90 COMMERCIAL GENERAL LIABILITY OTHER. INSURANCE - ADDITIONAL INSUREDS 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury'or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. , Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However,If you specifically agree in a written'con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you Is deleted. ' vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph(1): ance is primary to other insurance that is avail- That is available to the insured when the insured 1 able to such additional insured which covers such Is added as an additional Insured under any other additional insured as a named insured, and we policy,including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and 1 1 CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 , COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT C AREFULLY. ' AUTO COVERAGE PLUS ENDORSEMENT ' This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ' With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- (e) Carry-over balances from previous loans AGE, A. Coverage, 4. Coverage Extensions is or leases. ' amended by adding the following: C. COVERAGE EXTENSION — AUDIO, VISUAL Personal Effects Coverage AND DATA ELECTRON C EQUIPMENT NOT We will pay up to $400 for "loss" to wearing ap- DESIGNED SOLELY FO t THE PRODUCTION parel and other personal effects which are: OF SOUND (1) owned by an "insured"; and SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to (2) in or on your covered "auto"; exclusions 4.c & 4.d is de eted and replaced with in the event of a total theft "loss" of your covered the following: "auto". a. Equipment and accet sorles used with such No deductibles apply to Personal Effects Cover- equipment, except to es, records or discs, ' age. provided such equipn ent is permanently in- S. AUTO LOAN LEASE GAP COVERAGE stalled in the covered auto" at the time of the "loss" or is removabl from a housing unit SECTION III — PHYSICAL DAMAGE COVER- which is permanently i nstalled in the covered AGE, A. Coverage, 4. Coverage Extensions is "auto" at the time ol the "loss", and such amended by adding the following: equipment Is designec to be solely operated Auto Loan Lease Gap Coverage for Private by use of the power fl orn the "auto's" electri- Passenger Type Vehicles cal system, In or upon he covered"auto"; or In the event of a total"loss"to a covered "auto"of D. WAIVER OF DEDUCTIBL —GLASS the private passenger type shown in the Schedule SECTION III — PHYSICAL DAMAGE COVER- or Declarations for which Physical Damage Cov- AGE, D. Deductible is amended by adding the erage is provided, we will pay any unpaid amount following: due on the lease or loan for such covered "auto" No deductible for a cove ed "auto" will apply to ' less the following: glass damage if the glass is repaired rather than (1) The amount paid under the Physical Damage replaced. Coverage Section of the policy for that'auto'; E. HIRED AUTO PHYSIC DAMAGE COVER- and AGE (2) Any: SECTION III — PHYSICAL DAMAGE COVER- (a) Overdue lease/loan payments at the time AGE, A. Coverage, 4. Coverage Extensions is of the "loss"; amended by adding the fol owing: (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage; If hired "autos" are cove d "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor,, Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office,Inc.with its pern-isslor. Page 1 of 2 Includes the copyrighted material of The St.Paul Travelers Companies.Inc. COMMERCIAL AUTO 92 Physical Damage Coverage is extended to tent required of you by a written contract exe- "autos at you hire, rent or borrow subl ct-to t cuted-prior-to-any"aceident—or—"loss;pre- following: vided that the "accident"or"loss" arises out of (1) The most we will pay for"loss"in any one the operations contemplated by such con- "accident" to a hired, rented or borrowed tract.The waiver applies only to the person or "auto"is the lesser of: organization designated in such contract. (a) $50,000; G. BLANKET ADDITIONAL INSURED (b) The actual cash value of the dam- SECTION II- LIABILITY COVERAGE, part A. 1. aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by of the"loss'; or adding the following: (c) The cost of repairing or replacing the Any person or organization that you are required damaged or stolen property with to include as an additional insured on this Cover- other property of like kind and quality. age Form in a written contract or agreement that (2) An adjustment for depreciation and is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in physical condition will be made in deter- effect during the policy period is an "insured" for mining actual cash value in the event of a Liability Coverage, but only for damages to which total"loss". this insurance applies and only to the extent that (3) if a repair or replacement results in better person or organization qualifies as an "insured" than like kind or quality, we will not pay under the Who Is An Insured provision contained for the amount of betterment. in Section 11. (4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS Damage deductible applicable to any SECTION 11 - LIABILITY COVERAGE, A. Cov- owned covered "auto". erage, 1.Who Is An Insured is amended by add- (5) This Coverage Extension does not apply ing the following: ' to: An "employee" of yours is an "insured" while op- (a) Any"auto"that is hired, rented or bor- erating an "auto" hired or rented under a contract rowed with a driver; or or agreement in that "employee's" name, with (b) Any"auto"that is hired, rented or bor- your permission, while performing duties related rowed from your"employee". to the conduct of your business. F. BLANKET WAIVER OF SUBROGATION 1. COVERAGE EXTENSION-TRAILERS SECTION IV-BUSINESS AUTO CONDITIONS, SECTION 1 - COVERED AUTOS, C. Certain A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary Recovery Against Others To Us is deleted and Substitute Autos, paragraph 1. is deleted and replaced by the following: replaced by the following: 5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000 Others To Us pounds or less designed primarily for travel , We waive any right of recovery we may have on public roads. against any person or organization to the ex- Page 2 of 2 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. CA T4 20 07 06 Includes the copyrighted material of The St.Paul Travelers Companies, Inc. ' Kent City Council Meeting Date August 4, 2009 ' Category Consent Calendar - 6K 1. SUBJECT: RELEASE OF SANITARY SEWER EASEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the release of sanitary sewer easement. The sanitary sewer easement to be released was recorded under King County Recording Number 9904143155 and contains an error in the legal description. The current owner of the property has signed a replacement easement containing the correct legal description. i i 3. EXHIBITS: Public Works Memorandum dated 7/14/09, original Easement, and release of easement 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes N/A No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 99 PUBLI WORKS DEPARTMENT Larry R. Blanc ard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Addr s: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2009 To: Chair Debbie Raplee and Public Works Committee Mem ers PW Committee Meeting Date: July 20, 2009 From: Mike Gillespie, Development Manager Through: Larry Blanchard, Public Works Director Subject: Release of Sanitary Sewer Easement with Errone us Legal tDescription Motion: Move to authorize the Mayor to sign a release of sanitary se er easement recorded under King County number 9904143155. Summary: The easement to be released contains an error in the legal descri tion. The current owner has signed a replacement easement containing the correct I gal description. Budget Impact: tNo budgetary impact Attached: Original easement, proposed release, and replacement a sement P lPubhcL4dminSupigethiPWCommuteeUcaonPage doc ` 101 AMM RECORDING FAIL Tom Property lsanagament { city of Kent 3eO Avenue south t ' e. Kent, V NA 48O32 4\ Attentions Carol Storm r Reference Number of Rm,irted Documents P./A , Grantors)m Olympus Assistse Uving L.L.0 a Washington Limited Liability cokpamy U arantse(s)s city of !tent Abbreviated Legal Vescriptions etm of 482/4 XMI/t 221/4 t I*-• F d!-s and, ltsm of flit XMIJd N21/4 aO-Zs-t and, Vte tt/s VI/ 8P6_; lie!/i #81/4 20-12-E Additioral Legal Description is on Pago(a)_J_or Doommut Assamacros Property Tax Parcel or Account No.rssasZOs�aods BY Mi Vf 0262203-•e@es FCo33-t .mraoaaoa-sags Projects Arbor village Retirement a xasisted Mvir.1 (!�� • on-site sanitary Never sassment Easement Limited Liability Company , THIS INSTRUMUT made th day of 19? y and between • here Wafter called "Grantors" and CITF )iM* - a municipal corporation of King Coussty, State of Var�i , hereinafter called Parantee"s t7 WITNES98THt That said Grantors for and in cansiasrat mat and/or other valuable eons! atitm receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm t or unto the said drantse, its Puccessors and/or assigns, an a ament for ne with necessary appurtensmmaas, ina udUK use .of dental areas Immediately, adjacent for the instal Mon, operation, maintenance, extending, construction, sit Nag reconstructing and repair over, through, acroee a..id the following described property oituated in King County, Na i, more particularly described as fellows �.., 1 Refer to Bxbibit A attached and made a part herete. • %,be said Grantee shall have the right wttkamt Noe institution of suit or proceeding at law, at *imss an be necessary, to enter upon said property and immediate sujaeagt ass with the necessary equipment for the purposes of at i09 installation, operation, maintenance, extending, cons ing. repair and reconstructing of said g mmaking an connect' ,-• therewith with incurrin ammy l obligation or liability therefore; providing that said elt i to Installation, operation, maintenance, extending, constrn , repair and reconstructing of said 1 �. accompplished in such a amanner that the private ants axisting within thin easement area ineludinj said incidental shall not be disturbed or destroyed, or n the went the are disturbed or destroyed, they will be replaced fn as a ti condition as they ware l m rMatyly before the property was sin upon by the Grantee. wmoa Y, PW m ore r sy .. APR 1�•i�q9 _ OVA* 102 s The Orantor shall retain the ::,stilt to use tho *curt&ca' air :hiss eaxamont inuludieg rsld inold4ateli ersas so long as asid a" d+t v '-i not interfsrM With the uses boratotore Wined* tjvAtr less circunstoodes shall any cement concrete or any atruc+t wes Ewe Sy14"A or erected est this tasament. This eaaamsnt shah be a esavtssass% • running with the land torever and shall be binding &A the elrsrategom : successors, heirs, and &seigns. , Acted this, ,,,.day • �„ it ' yyrr�par Aso t e L. n t •L• y A isasis gto" Lireit d L al.iiity Company dxATS OF W sHINGTOWComm 0PwT*t4wW' _ Bd On this dayof , 3L9 ' / bef'are s ue the underres tggP d, a otary bi�s+s!for the �B�tatae of washinot dsaiy reommissioned and evorn, perean e► ered to known" �d&.,,�...., .en .....�.. end of hiraiters! L ai► 1 ty Qatsp&rs�r, that a ny tnat waouted the foragoissq instrument, and aaknowlesdgesd the sald Instrument to tss the frto and voluntary &cat and dent of a&id coapany, and for the note shad ggur"pasox thoreja , mentioned, aesd ern Oath stated that they verer authorised to execute the said instrument arA that the seem affixed is thee �- corporate sant of said oorparatton. HZTWSSS my hand and atficial seal harsto affixedthe fiAv mod year .,fis:st pbove vscitteyn.O .- s tary Publi nd fas the atate of Washingta•e, sr l ding Ali ��;ti•t' -_•• � tfy e:asueirsia,. '•rrlree�;,�p� f 4SItD OI Y 0%"3 of t y � a l;1�Ca 't h tali ��• �P. e 103 . Y[tU,il5lwf'1dU. - � NiARCIt 27. �,Xktf1�L' 99A•r UNWARY BOWER E/111O11 W CITY DY KKw on Neettteat fj�far Noldwo uW wo er of Sedwo w. vahr Kent swe of i �p 22ftdk NOW S 604. wx desetlbed a rollotre•. Sold attihary ea+ver eesen being 15.00 red in width,tw ing 7.30 feet on each tdda Of hS following dasselbed eeniedbtas COMM8NC1Na a the rrletdteat cenrar of sold Sectkm W.lhence Soutb V Sr 46"Wed the out One of ald smilos s dbtanee of 837.84 fled;them North 896 Or 14"Wed a 30A0[eel,MW of less,to ties weataly d$b of wny of 1 to Avem"SAL snd tha StaaAOeM :[r of Lot C as pat tha Chip of Resit lot Una Adjna+racnt PK 99.7 .rleeorded trraler APOq�A - asarjg of Rbtg Connty.Wasitiaoos•theme Ntath AM W OV Wrest a10"tta saalh ttse of tat C.a disfanse of i3i;fast;dreme NG"b 00'33'46'out a dW=ce ar 10.31 reel 10 do TR troit f 1r exammmc;dome south 88a 39'w Woo disk=of 281.tt feel;chance► W 4T 31"tit a dM mlee of 19600 red;the "Nosh W 28'W Wast a dbMM of l6f W more or lea to to Watedy;toe of lot R pa said Chip of Rant tot t laS Adjmtatettt Hoi thence Norco 01.04.43"Waal Stag NM Westerly iota.s Iffistanee of 11[.97 feat ware wbeto r the Sooth nMSM or 1 le piece SJL Brat the termlaos of sa;d cee lldift. The sidath m of 1M*enaement shell be shmumd or leaphencd to at to meat at aagtle 11011d 6 and to tannlnato at all boumbry Baca and where they rnetch lntu ethef 4MOMnrs• � w Ll1lt� a e page 3 of 4 492G•0LY 4 at m • •• •B 1 t - 104 EXHIBIT #113" .�.__... Ctl•y ur Kant SCwcr f_FI!trltualit tu UI � k ! rtt t _ r I II t 1 rn I 4: nI r > ut k r cc) Tix L F Irr_rE; ,_.t ` , exalnEe tttai 9g S•�w� Entw�e�! xefP•►nrw U?r16 9�d '1� r 1161S Han WES xtkt "ErIYESNII 4 Mr"Entr Skp.rfv At+U IS FROvIDEO FOR f'EP $XE Orkv ENGINEERS SCIExttSIS v14xx£nS 5uarCyClAs 109t)0 N E 91"STREETSUfIE 300 BEtLEVUE. NA 99004 Ur"JO (3061 ASe-�40G' Pape d PI 4 ,N ' �nP,t7t3 9 A 113itQ ' M 7 105 AFTER RECORDING RETURN DOCUMENT TO: City of Kent 220 4th Avenue South Kent, Washington 98032 Attn: Property Services iReference Number of Related Document: 9904143155 Grantor: CITY OF KENT Grantee: THE PUBLIC Abbreviated Legal Description: A Ptn of NE1/4, NE1/4 STR: 0-22-5 Additional Legal Description: Assessor's Tax Parcel ID No. 2022059062 and 2022059067 a d 2022059162, 2022059164, 2022059339, 2022059338, 8155770130 Project Name: ARBOR VILLAGE/2071281 Document Date: RELEASE OF EASEMENT In consideration of mutual benefits derived, the City of Ke t, a municipal corporation, does hereby release that certain sanitary sewer eas ment recorded under King County Auditor's File No. 9904143155. Said release is a full release of all lands described in the audit is file number referenced herein. Page I 1 RELEASE OF E SEMENT HEALTH CARE IT,INC 1 106 GRANTOR: CITY OF KENT By: Suzette Cooke Its: Mayor Date: STATE OF WASHINGTON } ) SS COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, hereby certify that on this day of , 2009, personally appeared before me Suzette Cooke, Mayor of the City of Kent, and who executed the foregoing instrument and acknowledged that she signed and sealed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. Notary Seal WuslAppear Within ThisBox- IN WITNESS 'WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires P 1Civi}1Fi es10penRzs10177-2009-PublieWorksGen¢raWborViAapReleaseOlEasemencdmx Page 12 RELEASE OF EASEMENT HEALTH CARE REIT,INC 1 107 AFTER RECORDING MAIL TO: City of Kent 220 4th Avenue South Kent, WA 98032 Attention: Property Services Reference Number of Related Document: Grantor: HEALTH CARE REIT, INC., A DELAWARE CORPORATIO Grantee(s): City of Kent Abbreviated Legal Description: PTN NE STR 20 22N 5E Additional Legal Description is on Page(s) 4 and 5 of Document Assessor's Tax Parcel No.: 2022059067 and 2022059062 Project/ Kiva No.: Arbor Village/2071281 Sanitary Sewer Easement ....................................................................................................... ............... THIS INSTRUMENT made this day of 2009byand between HEALTH CARE REITINC., EL W R O PO O hereinafter called "Grantor" and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantor for and in consideration of m b nefit and/or other valuable consideration receipt of which is hereby acknowle ged by said Grantor, do by these presents grant, bargain, sell, convey, and confirm rever unto the said Grantee, its successors and/or assigns, a non-exclusive a sement for Sanitary Sewer with necessary appurtenances, including use of inci ental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, under, across and upon the following described property situated in King County, Washington, more particularly described as follows (Easement Area): Refer to Exhibit "A" and "B" attached and made a part hereto The said Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the Easement Area and immediate adjacent areas with the necessary equipment for the purposes of alteration, installation, operation, maintenance, extension, construction, repair and reconstruction of said sanitary sewer or making any connections therewith without Sanitary Sewer Easement Health Care Reit, Inc and City of Kent Page I 1 108 incurring any legal obligation or liability therefore; providing that said alteration, installation, operation, maintenance, extension, construction, repair and reconstruction of said sanitary sewer shall be accomplished in such a manner that the private improvements existing within this Easement Area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the Easement Area was entered upon by the Grantee. The Grantor shall retain the right to use the surface of this Easement Area including said incidental areas so long as said use does not interfere with the uses heretofore defined. Under no circumstances shall any cement concrete or any structures be placed or erected on this Easement Area. Grantor shall not change the surface grades, except as approved in advance by said Grantee, in any manner which would unreasonably interfere with ingress, egress and access by said Grantee and/or adversely affect the existing utility and/or the utility to be installed therein. This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. Sanitary Sewer Easement Health Care Reit, Inc and City of Kent Page 12 109 HEALTH CARE REIT, INC. A DELAWARE CORPORATION By: (�" C Print Name: Erin C. Ibele Its: Senior Vice President-Administration and Corporate Secretary Date: 6//&1090 STATE OF WMMWi5= OHIO } ) ss. COUNTY OF ICI G LUCAS ) On this 16 ay of June , 2009, before me a Notary Public in and for the State of Ohio , personally appeared Erin C.Ibele ,tornekn wvn to be the SVP-Administration and Corp Secretary of HEALTH CARE REIT, INC., a Delaware Corporation that executed the foregoing instrument, and acknowledged it to bete free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Y p ' NOTARY PUBLIC, in and for the State DONNA J.LUNSFORD of olio Notary Public residin at Lucas County =* *- In and for the State of Ohio g My Commission Expires My appointment expires April 22,2012 Sanitary Sewer Easement Health Care Reit, Inc and City of Kent Rage 13 DURYEA& ASSOCIATES, P.S. 110 Land Surveying&Mapping Date: July 24,2008 Revised: October 3, 2008 Job No. 07-1281 EXHIBIT `A' Sanitary Sewer Easement City of Kent A sanitary sewer easement in favor of the City of Kent, State of Washington being a portion of the Northeast Quarter of the Northeast Quarter of Section 20, Township 22 North, Range 5 East, W.M. described as follows;' Said sanitary sewer easement being 15.00 feet wide, the Southerly and Westerly line of said easement being more particularly described as follows: COMMENCING at the Northeast corner of said Section 20• thence South 00°53'46" West along the East line of said Section a distance of 857.84 feet; thence North 89°06'14" West a distance of 30.00 feet, more or less, to the westerly right-of-way of 116`'Avenue S.E. and the Southeast corner of Lot C as per the the City of Kent Lot Line Adjustment No. 99-7,recorded under Auditors File Number 9904070835 records of King County, Washington; said point also being the TRUE POINT OF BEGINNING of this description; thence along the Southerly and Westerly line of said Lot C,North 88°46'00" West 300.01 feet; thence North 00°53'45" East 198.00 feet to the South line of Lot B of said Lot line Adjustment;thence along said South line of Lot B,North 88°46'00" West 150.88 feet to the West line of said Lot B; thence along said West line of Lot B,North 01"04'47" East 121.89 feet to the South line of the cul-de-sac in 114th Place Southeast, said point being the terminus of this description. The sideline of this easement shall be shortened or lengthened so as to meet at the angle points and to terminate at all property lines. �G VLL 0� ,Y �\ Q WA$ 3658 Ex M -CfT N TAX PARCEL. a D #8165770130 E QU,4 rn N 01'04'47" E 121.89 114TH ACE S.E. 658 C? rri rn m AL o I ,,,n I "PtREs 4-t--1'7 �R " g I V � � �� I z � 4 r bD I N O oD N 00'53'45" E 198.00' - - - - - - - - - - - - J mM lA �► m CD coo� C.OD ►+. v (� (nr- IC of -► -i al N of _ of � r 0 It-i Nx I O � ' IM rrn Z to to .v m f--' I O I Z f 116TH AVENUE S.E. O S 00'53'46" W 857.84' 00 W I N C7) O oO�i 0 o � t EXHIBIT 'B' Design By: BTM DURYEA & ASSOCIATES Sc le: 1" = 80' Land Surveying & Mapping Drawn By: BTM 7307 N. Division Street Suite 304 Dot SEPT 2008 Sp? (50,)W465 8007 Check By. MJD fox: (509) 465-8808 .Job No. 07-1281 Kent City Council Meeting Date August 4, 2009 Category Consent Calendar - 6L 1. SUBJECT: SURVEYOR FOR GREEN RIVER LEVEES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a professional services contract for Topographic Survey work in support of Green River Levee Reconstruction work in an amount not to exceed $50,000, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The City has secured funds to rebuild portions of the Green River Levees in Kent. The Army Corps of Engineers is requesting the City to help with topographic surveying required to design the project within the abbreviated timeframe requested. 3. EXHIBITS: Public Works Memorandum dated 7/16/09 i4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No i 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 113 PUBLIC WORKS DEPARTMENT Larry R. Blanc iard, Public Works Director • Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN G Y O N Addr ss: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 16, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: July 20, 2009 From: Tim LaPorte, Deputy Public Works Director Through: Larry Blanchard, Public Works Director Subject: Contract for Surveyor for Green River Levee Motion: Move to authorize the Mayor to sign a contract forTopographic Y 9 Survey work in support of Green River Levee Reconstruction work in an amount not to exceed $50,000 upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The City has been successful in working with our Federal Delegation to secure funds to rebuild portions of the Green River Levees in Kent. $5 million has been received for levee reconstruction above the Lakes Development between 228th Street and James Street. To enable the Corps to proceed with this proje t the Corps is requesting City help with topographic surveying required to design the project within the abbreviated timeframe requested. Budget Impact: Funds for engineering and levee survey work along the Green River have been included in the capitol program funded by our storm drainage utility. U.tPWCommlttee�ActionPago2009�07 20 09 Contract for Surveyor for Green River Levee.doc Kent City Council Meeting Date August 4, 2009 Category Other Business - 7A 1. SUBJECT: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT REORGANIZATION - ORDINANCE 2. SUMMARY STATEMENT: Pursuant to direction of the Planning and Community Development Committee and to discussions before the City Council, the Mayor has prepared the attached ordinance, which would restructure and reorganize City departments to bring all permitting and economic development functions within one newly created department, the "Economic and Community Development Department." Since this ordinance was originally presented to Council at its June 16, 2009, meeting, it has been revised to include the qualifications provision for the planning director, which is currently codified at KCC 2.30.090; to make a minor revision to this code section to provide that the requisite experience should be in municipal planning and not as a municipal planner; and to provide for a 30 day effective date after passage. 3. EXHIBITS: Memorandum from City Attorney, Memorandum from Mayor, and Ordinance 4. RECOMMENDED BY: Planning & Economic Development Committee and Mayor (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember� seconds to adopt Ordinance No. , which is intended to expedite the local permitting process by reorganizing existing intra-departmental permitting functions into a new, single department to be known as the "Economic and Community Development Department." DISCUSSION: ACTION: CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 4Th Avenue South Kent, WA 98032 K E N T Fax: 253-856-6770 W A S M I N O T O N PHONE: 253-856-5770 i Memo To: Planning & Economic Development Committee From: Tom Brubaker, City Attorney Date: August 4, 2009 Re: Economic & Community Development Department Ordinance I have prepared the following outline to explain the changes made to the Kent City Code (KCC) to implement the reorganization discussed at the last two council meeting . The last time the Mayor and Council reorganized city departments was in 2000. At that time, the main thrust of that reorganization was to put permitting, public works, planning, and build ng codes under one supervisor, the Chief Administrative Officer (CAO). The CAO then hired Mike Martin and designated him to supervise those functions. All of that shifted again when Mr. Martin assumed the role of CAO for the city. This ordinance adjusts the various departments and their roles and responsibilities consistent with the new organization plan. Recognizing council's historical role in establishing departments and department head positions, while at the same time recognizing the Mayor's statutory authority as the Chief Executive Officer of the city, this ordinance establishes departments and their duties, as well as the duties, qualifications, and salaries of department directors. Consistent with past ordinances, Council does not codify mid-level management positions. However, because the Planning Division continues to manage a complex array of planning functions and because the Division's supervisor operates as a Director, the ordinance changes very little of the previous code language pertaining to those operations, merely clarifying that 1 this is no longer the function of an "Office" or "Department," but rather is a "Division" of the new Economic and Community Development Department. I also kept the listing for the Building Official in place, as that is a technical position required by the State Uniform and International Building Codes. The following outline describes in detail the various changes made in the organization. References to "Section" are references to the various sections in the proposed ordinance. I. Section 1 - Interpretation Regarding Conflicting Language a. Initial review of about half the code revealed hundreds or perhaps thousands of references that needed to be checked and potentially changed. Memo August 4, 2009 Page: 2 i. Potentially incorrect or vague references to "department," "director," or to a specific department or director ii. This initial review resulted in a 144 page printout of potential changes. Revising the entire code would take hours and hours of attorney and administrative work. iii. This approach has provided effective direction in the past with no complications. See KCC 2.30.080. II. Section 2 - Establishes the New City Economic and Community Development Department as One of the City's Core Departments. III. Section 3 - Public Works Department Changes a. Removes Development Engineering/Permit functions (KCC 2.28.010) b. PW Director no longer required to be a licensed P.E. i. So long as City Engineer or Deputy PW Director holds license IV. Section 4 - Chapter 2.29: Old `Offices" Designations Removed a. In 2000, at the time when the Permit Center was created, the Mayor and Council reorganized City government. b. Required Public Works, Planning, Building Codes (except Fire Code), and the new Permit Center to report to the Chief Administrative Officer, or his or her designee. C. Planning Department, Building Codes, and Permit Center were all redesignated as "Offices," not "Departments." d. See KCC 2.29.010; 2.28.030. V. Section 5 - Chapter 2.30—Planning Office Changed to Economic and Community Development Department a. Creates Department duties, Director position, and Director qualifications. VI. Section 5 - KCC 2.30.060 through 2.30.068 — Planning Division Created a. The Planning Division is created with these duties: i. Long range planning ii. Zoning code and comprehensive planning iii. Re-zones iv. Permit Center V. Annexation vi. Subdivision Code vii. Land Use and Planning Board viii. Shoreline Management Act Memo August 4, 2009 ' Page: 3 ix. Hearing Examiner Appeals b. Planning Director qualifications section (KCC 2.30.090) was renumbered to KCC 2.30.067 and revised to provide that the appropriate experience should be in municipal planning and not as a municipal planner. VII. Sections 5 & 6 - Chapter 2.40, Building and Development Services Department — Repealed and Moved to KCC 2.30.070 - 2.3 .074 1 a. Change Building Official to report to ECD Director, not CAO VIII. Section 7 - Chapter 2.42, Permit Center — Repealed fin its Entirety and Absorbed into ECD Department a. Permit Center organized within and as a function of Economic and Community 1 Development department b. Permit Center manager is a mid-level management position appointed by and subject to qualifications determined by the Economic and Community Development director C. See KCC 2.28.010;2.30.010, subsection "B"; and 2.30.04 , subsection "A" IX. Section 9 - Effective Date a. The Planning and Economic Development Committee requested that the ordinance be effective 30 days after passage, instead of 5 days after publication. X. No changes to following Chapters: a. 2.32—Hearing Examiner b. 2.34—Municipal Court C. 2.36—City Clerk P:\Gull\Motions-BI ueSheets\Reorgan¢adon-Economic&CommDevelop-TCBMemo.doc r OFFICE OF HE MAYOR Suzette Cooke, Mayor 1 KENT W.S...OTO. MEMORANDUM Date: June 17, 2009 To: City Council Members From: Mayor Suzette Cooke Re: Reorganization In an effort to support your strategic goals for economic development and to improve our service to the public, I am presenting for your appr val a plan to establish an Economic and Community Development Department. This new department would consist of the current Community Development Department, the Engineering Development Division of Public Works and the Economic Development staff in the Mayor's office. While attempting to implement the Permit Panel's recommendat ons presented to you earlier this year, it became clear there is need for stronger linkage and communication among the professions that serve the public through the permit process. Consolidation of these work groups makes the most sense. II've asked Ben Wolters to lead the new department and serve as our city's single point person to coordinate and oversee our economic growth as a ' regional center. I am confident Ben has the experience and con lections to propel Kent as a destination for business, good paying jobs and Juality neighborhoods. Building regulations at all levels of government continue to complicate what used to be simple projects. As we pull out of this recession, we need to be able to attract quality investors, residential builders and projects. We need to also attract top-notch employers to provide the best jobs for ur residents. Having an efficient process in place will allow us to do just that. 1 ORDINANCE NO. ' AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 2 of the Kent City Code, entitled "Administration and Personnel," to reorganize City departm nts, offices, and boards. RECITALS A. For more than a year, Kent citizens, devel pers, and City staff have been reviewing the development permit revie and approval process. B. As a result of that analysis, City administrat on determined that the permit process could be significantly enh nced if City departments were restructured so that all permit proce sing functions were administered from a single, unified department. C. Accordingly, the City Council has determined to restructure City departments consistent with this goal, moving all permit processing functions into a new City department to be known as the Economic and rCommunity Development Department. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Ameri d Title 2 KCC - City Departments, Offices, Boards r r ORDINANCE SECTION 1. — Amendment to Section 1.01.100 KCC. Section r 1.01.100 of the Kent City Code, entitled "Conflict Amending Code Sections," is amended as follows: r Sec.1.01.100. Conflict Amending Code Sections. r A. Intent. The current version of the Kent City Code reflects an iterative drafting process that has been developed and amended over the life of the City. In particular, various councils have elected to reorganize the City's departmental structure at various times in order to meet the demands of a growing city and changing laws. Because of this ongoing process, despite best efforts, it is not always possible to capture and resolve all conflicts that may arise within the code. B. Definition of References Made. References to specific departments or specific department directors or generic references to "department" or "director" should be construed to refer to the department or director that has authority over the code subject or function in question as established in Title 2, Subtitle 2, of the Kent City Code, entitled "Departments and Offices." Any otherwise unreasonable conflict amending code sections shall be resolved in favor of the section most recently enacted. SECTION 2. — Amendment to Ch. 2.09 KCC. Chapter 2.09 of the Kent City Code, entitled "Departments," is amended as follows: CHAPTER 2.09. DEPARTMENTS Sec. 2.09.010. Established. There are hereby established departments of the City of Kent as set forth in Chs. 2.10 through 2.30 2-.-2-& KCC as follows: Ch. 2.10, Employee Services Department; r 2 Amend Title 2 KCC - City Departments, Offices, Boards 1 Ch. 2.12, Finance Department; Ch. 2.141 Information Technology Department; Ch. 2.20, Legal Department; Ch. 2.221 Police Department; Ch. 2.241 Fire Department; Ch. 2.26, Parks and Community Services Departme t; aftd Ch. 2.28, Public Works Department-:Land ' Ch. 2.30 Economic and Community Development deDartmen.t. These departments shall report to the Mayor, or his or her designee, unless otherwise provided in this Title 2 KCC. SECTION 3. — Amendment to Ch. 2.28 KCC. Ch pter 2.28 of the Kent City Code, entitled "Public Works Department," is amended as follows: CHAPTER 2.28. PUBLIC WORKS DEPARTM NT Sec. 2.28.010. Department created. There is hereby created the public works department for the purpose of performing all public works functions of the City, except for public and private develogZnt Dermitting functions. The department shall be supervised by the director of public works who shall serve as its director and who shall have omplete charge of all of the work and who shall be responsible for hiring nd supervising employees of the department. The department, through th director, shall report to the chief administrative officer or his or her designee. The divisions of the public works department which report to the director of public works are as follows: 1. Engineering; 2. Street maintenance and operations; 3. Fleet services; 3 Ame d Title 2 KCC - City Departments, ffices, Boards 4. Water; 5. Sewer, storm water, and drainage utility; and 6. Solid waste_ Sec. 2.28.020. Director of public works — Position created. There is created a position known as the director of public works. Sec. 2.28.030. Appointment. The director of public works shall be appointed by the Mayor in accordance with the provisions of the City of Kent Policies and Procedures Manual solely on the basis of his or her professional qualifications with special emphasis on professional experience and education and demonstrated knowledge of accepted practices relating to the duties of his or her office. The director of public works shall report to the chief administrative officer. Sec. 2.28.040. Qualifications. The public works director must shall-have the following or equivalent qualifications: t he or she must be a graduate of a recognized college or university and have at least of five (5) years' experience in a sepew+se management engineering capacity. It is preferable, although not a requirement of the position, that the director be a graduate of a duly accredited four (4) year college or university in civil engineering and have a certificate of registration with the state board of registration for ' professional engineers and land surveyors. If the public works director is not a registered professional engineer, the public works director shall ensure that the deputes public works director or City engineer is a professional engineer. 4 Amend Title 2 KCC - City Departments, Offices, Boards ' Sec. 2.28.050. Responsibilities - Duties. The d rector of public works shall organize and supervise each division that reporis to him or her pursuant to KCC 2.28.010 in the most efficient manner pos ible so that the interests of the citizens of the City shall be best served. The director of ' public works shall coordinate engineering done for the Cit by consultants and have ultimate responsibilities for all such projects. rhe director of public works shall create an effective working relationsh p between the department of public works and all other City departments. The director of public works shall supervise each of the divisions reportin to him or her and make periodic reports to the chief administrative office . Sec. 2.28.060. Powers and duties. The gen ral powers and duties of the director of public works shall be to: 1. Supervise and assist in the engineering, surveying, and drafting work involved in public works and improvements f the City or its utilities such as preparation of estimates, plans, specificati ns, reports and recommendations, and public improvements. 2. Supervise the keeping of plans, plats, aps, drawings, dedications, final estimates, and specifications re ating to City proiectsaffa+rcs. 1 3. Be responsible to the Mayor for the constru ion, inspection, and repair of public streets and City-owned utilities, and rovide technical and advisory engineering assistance to other departments f the City. Sec. 2.28.070. Salary. The salary of the directo of public works shall be that as established in the City's annual budget. ' SECTION 4. - Repealer of Ch. 2.29 KCC. Chapter 2.29 of the Kent City Code, entitled "Offices," is repealed in its entirety. SECTION S. - Amendment to Ch. 2.30 KCC. Chapter 2.30 of the Kent City Code, entitled "Planning Office," is amended as f Ilows: 5 Am nd Title 2 KCC - 1 City Departmen , Offices, Boards CHAPTER 2.30. ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENTP1 wNNING OFFIGc Sec. 2.30.010. Department Created. The economic and community development department is created for the purpose of ' performing all public and private permitting and development review functions. The economic and community development department director shall supervise the department and shall have complete charge of all of the work in the department and shall be responsible to hire supervise , and discipline department employees. The department, through the director, shall report to the chief administrative officer or his or her designee. The functions of the economic and community development department shall be as follows: A. Community planning; B. Permit processing; C. Development engineering; D. Building code development review and inspection; E. Critical Areas and stormwater development permitting review; F. Code enforcement; and G. Economic development. Sec. 2.30.020. Economic and Community Development Director — Creation and Appointment. The position of economic and community development director is created and shall be subject to appointment by the Mayor in accordance with the provisions of the City of Kent Policies and Procedures Manual. Sec. 2.30.030. Qualifications. The economic and community development director must have the following or equivalent qualifications: ' he or she must be a graduate of a recognized college or university and 6 Amend Title 2 KCC - City Departments, Offices, Boards have at least five 5 ears' experience in economic and community development permit processing_or similar fields. 2.30.040. Duties and Powers. The economic nd community ' develo ment department director shall have the follow ng duties and powers: ' A. With the exception of those asl2ects of permit issuance ertainin to the fire code under the sul2ervision of the fire departme it, to examine review, condition deny, or approve all aspects of public and private development permits issued by the City, includin Dublic and private street, utility, and other infrastructure construction. ' B. To operate all economic development functions within the City to encourage and su ort new residential and business d v to ment and redevelolment. C. Tooperate the duties and responsibilities of the Qlanning division as ' specified in this chapter. D. To iml2lement the building codes under the state Building Code Act when examining, modifying, conditioning, approving, or denying building plans and when conducting building inspections. ' E. To collaborate with affected departments on insibections of all development extensions or connections to public utilities. F. To conduct code enforcement of all areas of the ON code that im lement the duties and powers vested in the economic nd community idevelopment department. Sec. 2.30.050. Salary. The salary of the economic and community development director shall be that as established in the City budget. 7 Amend Title 2 KCC - City Departments, Offices, Boards r rll Sec. 2.30.0608#9. Planning Division - eAuthority. The City Council hereby declares its intention to perform all planning functions i under Chapter 35A.63 RCW regarding planning and zoning in code cities. Sec. 2.30.0619-ZG. GfReePlannina Division Created. There is created the planning divisioneffiee, which shall serve as the City planning agency in conjunction with the land use and planning board. The planning divisione€€iee shall perform planning and zoning functions, conduct plan reviews eeles;,Land perform other duties as established by the City Council. The divisioneff+ee shall be supervised by the economic and community development director Sec. 2.30.0630-7G. Planning Division - Duties and responsibilities---O;;;ee. The planning divisioneffiee shall have the ' following duties and responsibilities. Al. The planning divisioneffiee shall be responsible for all planning matters, including, but not limited to, comprehensive plan formulation and amendments, annexation zoning, and the zoning code, subdivision code, and other assigned codes. It shall be the duty of the planning divisioneffiee to set the agenda for the land use and planning board hearings, workshops, and meetings,- to prepare all materials, such as agendas, staff reports, and special reports for the land use and planning board,-; to , collect, and to analyze and use technical data to determine logical matters of urban development within the City. The planning divisioneffiee shall be responsible for preparing and updating the comprehensive plan and preparing amendments to the zoning code, the subdivision code, and any other related codes or ordinances. B-2. Under the direction of the economic and community development director, T-the planning divisioneffiee shall advise the Mayor and City 8 Amend Title 2 KCC - City Departments, Offices, Boards Council on planning matters. The planning divisioneffleee may carry out ' special projects at the request of the City Council which quests shall be forwarded to the economic and communitydevelopment ' department through the office of the Mayor. C3. The planning divisionageney shall be responsible or all planning ' matters, including, but not limited to, comprehensive plan formulation and amendments, annexation zoning, zoning code, subdivision code, and other ' assigned codes. It shall be the responsibility of the planning division to prepare the plans and c des for these ' planning matters and the responsibility of the land use and planning board to hold public hearings on these plans and codes when adv sed to do so by tthe planning division . The planning di isionefflee shall forward items for consideration to the land use and plann ng board. The land use and planning board, after holding one (1) r more public hearings, shall forward its recommendation en th annin g e ff I e e's 1 repesals-to the City Council for final action. The Council may hold public hearings and perform other related functions on specific p anning matters ' in addition to or in lieu of delegating this function to the land use and planning board. ' Sec. 2.30.0610". Planning Div' — Planning directo — Position created a salary, and appointment. There is hereby created the position of City planning dire rmaRager who shall be appointed by the economic and communit development director in accordance ' with the provisions of the City of Kent Policies and Procedures Manual selely on the basis of professional experience, education, and ' demonstrated knowledge of accepted practices relating tote duties of the divisionefflee. The sala of the planning director shall be that as established in the annual City budget. All references in the Kent City Code to the planning manageref with respect to the functions of the 9 Amerd Title 2 KCC - City Departments, 2flices, Boards planning divisione€€+ee as set forth in this codeehapteF, shall mean the ' planning directoref. Sec. 2.30.06799. Planning Division - Planning director - Qualifications. The planning director manager must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university and have at least three (3) years' experience in as-a ' municipal planning. Sec. 2.30.0694$A. Planning Division - Planning director - Duties and responsibilities ManaW. A. The planning directormanager shall be in charge of the planning divisione#iee. The planning directolmanager- shall prepare an annual planning program and an annual budget to implement this program. The divisione#iee shall represent the Citve€f-iee before government agencies and the public as deemed necessary. The planning directormanager or a designated planning staff member shall be present at all City Council and land use and planning board meetings and public hearings. The planning ' directoreF shall perform such other duties as the economic and community develolment directorehief adF"*.,".t_�ye e„iee may direct or as may be required by the laws of the state. B. The planning director ager-, or his or her designee, shall act as 1 the State Environmental Policy Act (SEPA) responsible official as set forth in Ch. 11.03 KCC. be that as established in the annual eity budget. Sec. 2.30.070. Building official - Position created and appointment. There is hereby created the position known as building 10 Amend Title 2 KCC - City Departments, Offices, Boards official. The building official shall be apl2ointed by th economic and community development director in accordance with the rovisions of the City of Kent Policies and Procedures Manual on the ba i of Drofessional experience, education and demonstrated knowledge of a ce ted practices relating to the duties of the office. Sec. 2.30.072. Building Official - Qualifica 110 s. The building official must have the following ore uivalent gualificationsi he or she must Cbe a graduate of a recognized college or university, have t least three 3 ears' experience in the field of building and land develo ent be familiar with the international and uniform building codes or avel ex erience in a similar field as deemed al2propriate to the position by I the apgointing authority. ' Sec. 2.30.074. Building Offi ial - Duties and D wers. It shall be the duty of the building official to examine buildinG Dlains and Derform building inspections as prescribed by the Kent City Code. The building official shall perform such other duties s the economic development director, or his or her designee, may direc or as may be required by the laws of the state. SECTION 6. - Repealer of Ch. 2.40 KCC. Chapter .40 of the Kent City Code, entitled "Building and Development Services OM e," is repealed in its entirety. SECTION 7. - Repealer of Ch. 2.42 KCC. Chapter 2 42 of the Kent City Code, entitled "Permit Center," is repealed in its entiret . SECTION 8. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be L nconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full fo ce and effect. 11 Amen Title 2 KCC- City Departments, fces, Boards SECTION 9. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of August, 2009. APPROVED: day of August, 2009. PUBLISHED: day of August, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Gvil\Ordinance\Reorganization-EconomicDevelop&CommDevelp.docx 12 Amend Title 2 KCC - City Departments, Offices, Boards Kent City Council Meeting Date August 4, 2009 Category Other Business - 7B 1. SUBJECT: REGIONAL VALLEY CITIES BROADBAND GRANT APPLICATION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: This project will include development of a regional fiber optic ring to interconnect all participating cities and agencies including the Valley Cities Association of which Kent is a member. The fiber optic ring will result in enhancing interagency communication, emergency response, and municipal services. The grant application authorized by this Resolution will be for approximately $3.5 million and requires a 20% matching fund from the group. However, if the grant is awarded, the match can be in-kind and this is how, Kent will support its proportionate share. Kent's in-kind contribution will consist of City assets, including existing conduit and dark fiber already in the ground, and any new conduit or fiber to complete the fiber infrastructure from City Hall to the City's boundaries. 3. EXHIBITS: Resolution, Whitepaper on Valley Cities Fiber Optic Connection Project, Valley Cities Broadband Map, and Valley Cities Association Resolution No. 1593 dated 11/7/05 4. RECOMMENDED BY: IT Director, Mike Carrington (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X In-kind asset & staff time contributions Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Resolution No. authorizing City of Kent's participation with the Valley Cities Association (VCA) and Federal Way in a federal grant application opportunity through the Federal American Recovery and Reinvestment Act and authorize the City of Auburn to act as the City's agent in the grant application process. DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council f the City of Kent, Washington, endorsing the effo s of the Valley Cities Association and Authorizin an application for a federal grant to fund broa band opportunities offered through the U.S. Depart ent of Commerce. RECITALS A. The City of Kent is a member of the Valley Ci ies Association which was formed in August 2005 for the purpose of c Ilaborating on issues of common interest. The members of the Valley Cities Association, together with the City of Federal Way, which has mutual in erests aligned with the Valley Cities Association, received funding and co pleted a study that resulted in a recommendation to focus on regio al broadband development efforts on public safety, law enforceme t, and local governmental services by developing a regional fiber optic ring to interconnect all participating cities and agencies that ill result in enhancing interagency communication, emergency response and municipal services. B. The members of the Valley Cities Association an Federal Way wish to work cooperatively to implement the recommendatio of the study. The goals of this cooperative effort to enhance broadband infrastructure 1 Endorse Valley Cities ssociation's Efforts to Apply for ederal Grant To Fund Broadband pportunities J and services are to: 1) improve access to and use of broadband for public safety agencies; 2) efficiently deliver local government services; 3) stimulate broadband, local economic development, and job creation; 4) enhance service to public health care and education institutions; 5) effectively manage public property and right-of-way; and 6) ensure equity, awareness, and improved access to the public. C. As part of the technology improvements, 911 communication to the public safety community will be changed from radio-based to IP- based, thus requiring wired (fiber) communication from 911 communication centers to the participating public entities and wireless communications from the agencies to the mobile computers in vehicles. D. The members of the Valley Cities Association have executed a fiber optic project agreement to develop the scope of a comprehensive fiber optic infrastructure capital improvement initiative. E. New grant funding opportunities are available through the federal American Recovery and Reinvestment Act of 2009 to fund broadband technology opportunities, and the members of the Valley Cities Association and the City of Federal Way desire to pursue federal grant funding through the American Recovery Act for the first phase of the broadband infrastructure project in the amount of $3.5 million. The members of the Valley Cities Association and the City of Federal Way desire to have the City of Auburn take the lead in applying for federal grant funding on behalf of the members of the Valley Cities Association and the City of Federal Way. F. The Cityof Kent intends to contribute its proportionate share p P of the local match by utilizing staff time and other available City resources. It is the intent of the City of Kent that upon awarding of the grant, it will 2 Endorse Valley Cities Association's Efforts to Apply for Federal Grant To Fund Broadband Opportunities amend its annual budget as necessary to authorize the use of available City resources as a local match for the grant funding; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Purpose. The Kent City Council endorses the collaborative effort of the Valley Cities Association to en ance regional broadband infrastructure and authorizes the Mayor of the Ci y of Auburn to sign on behalf of the members of the Valley Cities Association and the City of Federal Way the grant application to be submitted to the National Telecommunications and Information Administration, U.S. Department of Commerce, for grant funding offered through the Broadband Technology Opportunities Program. SECTION 2. - Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative proced res as may be necessary to carry out the directives of this Resolution. SECTION 3. - Effective Date. This resolution shall ake effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of August, 2009. CONCURRED in by the Mayor of the City of Kent this day of August, 2009. SUZETTE COOKE, MAYOR 3 Endorse Valley Cities Association's Efforts to Apply for Federal Grant To Fund Broadband Opportunities i' ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ] TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of August, 2009. BRENDA JACOBER, CITY CLERK P\Clvll\ResolutIon\ValleyCltlesAssodatlon-BroadbandOpportunitles doc 4 Endorse Valley Cities Association's Efforts to Apply for Federal Grant To Fund Broadband Opportunities Information Technology Mike Carrington a Information ethnology Director K E N T Phone: 253-856-4607 Fax: 253-856-4700 W A S H I N O T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: July 24, 2009 TO: Suzette Cooke, Kent Mayor John Hodgson, Kent Chief Administrative Officer FROM: Mike Carrington, Kent IT Director CC: RE: Resolution authorizing Federal Grant Application tc fund Regional Valley Cities Broadband project. Summary A resolution is required to authorize the City of Kent's participi tion with the Valley Cities Association (VCA) in a federal grant application opportunity through the federal American Recovery and Reinvestment Act ARRA) of 2009. The application is for funding of a regional broadband project. Background In 2006, the VCA was awarded a COPS Technology grant to fund a feasibility study centering on public safety. This strategic study, completed in October 2007, resulted in a recommendation to focus on regional broadband development efforts for public safety, law enforcement and local governmental services by developing a regional fiber optic ring to interconnect all participating cities and agencies, which will res It in P P 9 9 Memorandum Page 1 of 3 Valley Ci I ies Broadband Memorandum: Valley Cities Broadband - Resolution for Grant Application i July 29, 2009 Page: 2 enhancing interagency communication, emergency response, and municipal services. Additional Information This ARRA grant request will be used to fund the fiber backbone build-out through the VCA member cities and Federal Way in large part to support public safety. Two things led to this effort: the 2007 strategic study recommendation of concentrating on public safety and fiber, and the Valley Communications 911 system upgrade that will benefit from the fiber backbone connecting the Valley Communication Center cities. Council endorsement of this collaborative effort is required to authorize the Mayor of Auburn to sign, on behalf of the VCA and the City of Federal Way, the grant funding application for submittal to the National Telecommunications and Information Administration, U.S. Department of Commerce. This rant application will be for approximately 3.5 million and requires a 9 pp PP Y $ q 20% matching fund from the group; however, the match can be in-kind and will in fact be how this grant is supported by Kent. Kent's in-kind contribution will consist of City assets, including existing conduit and dark fiber already in the ground, and any new conduit or fiber to complete the fiber infrastructure from City Hall to the City's boundaries. Kent's fiber infrastructure will then be connected to our neighboring cities' infrastructure. Each individual participating city or agency will absorb any ongoing costs associated with repair and maintenance of the fiber infrastructure within their respective boundaries. Memorandum: Valley Cities Broadband - Resolution for Grant Application July 29, 2009 Page: 3 Because the federal agency released the rant paperwork in id-Jul with a 9 Y 9 P P Y mid-August deadline for submittal, the timeline is very short. he draft resolution is attached and contains as much information as w s available by the agenda deadline. Additional supporting information may b delivered under separate cover as it becomes available. Recommendation 1) Authorization from the Council for the City to apply for the espective grant, and y� 2) Passage of a resolution allowing the City of Auburn to act a our agent in the grant application process. Due to time constraints with th grant application deadline, this topic is recommended for addition to the August 4, 2009 Council meeting. Attachments 1. Draft Resolution 2. Whitepaper on Valley Cities Fiber Optic Connection Proje t 3. Valley Cities Broadband Map 4. Copy of the Valley Cities Association Resolution No. 1593 dated 11/07/2005 The Valley Cities'Fiber Optic Connection Project— Improving Connectivity and Inter-Operability for a Regional Public Safety& Emergency Communications System Project Name: Valley Cities' Regional Broadband Network Project Request: The partners in the Valley Cities' Regional Broadband Network are requesting$_ million (FIGURE IS AT LEAST$3.5 MILLION—WILL BE FINALIZED WITH PUYALLUP-SU NER-FIRE increment costs)for a Phase I capital infrastructure build-out and enhancement of t e public safety network,and excess dark fiber to enable Phase II inter-connections and inter-opera _Iity upgrades for other public agencies, schools, hospitals, libraries,and senior centers to link to this n twork. The request is beingsubmitted as art of the Broadband TechnologyOpportunity Pro ra BTOP enacted via the American Recovery and Reinvestment Act of 2009. Project Background: The Valley Cities Regional Broadband Network is designed to dramatically improve the connectivity and inter-operability of a public safety and emergency communicati ns system serving a population of over 400,000 people. This project will better inter-connect three regional PSAPs(Public Safety Access Points)—the Valley Communications Center, Norcom—Bellevue,and L SA—Pierce County. It involves 10 individual cities spanning two counties. A group known as"Puget Sound Access" is a partner in the project,as is a Fiber Consortium of nine existing partners including the University of Washington;cities of Bellevue, Renton and Kirkland; Evergreen Hospital; Renton, Bellevue,and Lake Washington school districts; Bellevue Community College; and the City of Seattle. The Valley Cities project is a classic example of improving and expanding"access to,and use of, broadband service by public safety agencies,"as envisioned in the broadband funding provisions of the American Recovery and Reinvestment Act of 2009(ARRA). It also will enable upgrades of,and enhanced connections with, broadband technology that simply would not be possible but fort a grant funding under the Broadband Technology Opportunity Program (STOP). Making the system more connected and inter-operable will also help the Valley Citie better serve some agencies and better connect agencies that are currently under-served or unserved. he project is being submitted under"Middle Mile" provisions outlined in the Notice of Funding Availabil ty(NOFA)for BTOP funding. This type of public safety project is envisioned as an asset by the State of W 3shington Governor's Broadband Advisory Council,which,in its final report, notes,"application that effective leverage...public safety should be actively encouraged and supported (Pg.4)and,"In particular,the state should support those broadband infrastructure proposals that'improve access to,an I use of, broadband service by public safety agencies."' (Pg. 12). The Valley Cities segment of the Fiber Consortium project is a natural extension of years of planning, assessments, studies and analyses of the public safety-based broadband needs in the South King County/Northeast Pierce County region. Agencies involved in the project have developed a strategic plan for their fiber network build-out, conducted a needs assessment of broadband technology, inked a Fiber Optic Project Agreement among cities, and have worked together on a staff-to-staff basis for the past three+years. Phase I of the two-phase Valley Cities' Regional Broadband Network involves the construction of a fully built-out fiber optic backbone,dedicated connections to Valley Communications Center, anticipated connections to an emerging regional jail facility(known as "SCORE"—South County Correctional Entity), and enhanced inter-operability between and among the participating cities of Auburn,Algona, Federal Way, Fife, Kent, Pacific, Puyallup, Renton,Sumner, and Tukwila. Phase I includes a wireless technology upgrade from radio-based communications to IP-based communications that will require fiber that links the Valley Communications 911 Center to the cities, police agencies,fire districts, and others participating in the build-out of the system. Along with the Phase I build-out of the public safety network, Phase II of the broadband network project anticipates opportunities for regional connections to other public agencies, hospitals, school districts, and the University of Washington. Valley Medical Center in Renton,the Auburn Regional Medical Center,St. Francis Hospital in Federal Way,Tukwila Diagnostics Imaging in Tukwila, and the University of Washington medical clinics could be inter-woven into the broadband system, as would the University of Washington's main campus and Tacoma branch campus,and the Auburn, Federal Way, Kent, Puyallup, Renton, and Tukwila school districts (K-12). Project Benefits: • Dramatically enhanced broadband technology to serve the region • A higher speed network to save seconds if not minutes for emergency response at crime scenes, on medical calls,for mutual aid, and for responses to natural disasters. The improvements to the system may help save lives • Better connectivity and inter-operability of an existing public safety and emergency communications system • Future opportunities to connect the system to schools, hospitals, libraries,community and senior centers • Direct fiber connections to and between agencies,to mobile data terminals operated by police and fire agencies, and to a regional 911 center • Inter-operability between an emerging jail facility and local law enforcement agencies that will need to communicate with the jail 24/7 • Enhanced Information-Sharing among numerous local agencies • Upgrades in emergency communications, intelligence gathering between agencies, crime prevention, and crime analysis • Near-term, high-wage construction jobs to construct nearly a dozen new and inter-connected fiber segments of the regional network. Project Partners and Anticipated Project Partners • City of Auburn/Auburn Police Department • City of Algona/Algona Police Department • City of Federal Way/Federal Way Police Department • City of Fife/Fife Police Department • City of Kent/Kent Police Department/Kent Fire Department • City of Pacific/Pacific Police Department • City of Puyallup/Puyallup Police Department • City of Renton/Renton Police Department/Renton Fire Department • City of Sumner/Sumner Police Department • City of Tukwila/Tukwila Police Department/Tukwila Fire Department • Valley Communications Center • "LESA" • South Correctional Entity(SCORE)—Regional Jail • Kent Municipal Jail • Valley Regional Fire Authority • South King Fire& Rescue • Central Pierce Fire& Rescue • East Pierce Fire& Rescue • Fire District 20 • Fire District 40 • Fire District 37 • Valley Medical Center • Auburn Regional Medical Center • St. Francis Hospital • Tukwila Diagnostic Imaging • University of Washington/UW Medical Center/UW Clinics �j Funding Partners • Valley Cities • Federal Way Breakout of Funding • $_million for expansion, inter-connections, and upgrades of more than a ozen fiber network segments (complete costs per segment, materials,etc., has been calculated) About the Valley Cities The participating Valley Cities are located in the Green River Valley and within the So th County portion of King County,Washington, and the Northeast corner of Pierce County,Washington These two counties are the most populous counties in the State of Washington and host a com fined population of about 2.75 million people. The Valley Cities partnering in the regional broadband ne ork project have a combined population of over 400,000 people. The Valley Cities serve as a major employment and industrial center for the Central P get Sound Region and the State of Washington, employing close to 100,000 people, hosting the second largest warehouse distribution complex on the West Coast. The warehouse distribution facilities in the alley span 40 million square feet, generate$2.8 billion in combined payrolls, represent a Gross Do estic Product of over$20 billion, and accommodate fully 1/3 of all the truck traffic emanating to and om two of the nation's busiest container-cargo ports,the Ports of Seattle and Tacoma. The Valley's role as an economic engine for the region and the State of Washington,t e growing economic base in Federal Way, and the large and growing populations in cities such a Federal Way, Kent, Renton, and Auburn, mean that the Valley is home to well over a half-million re idents and employees on a daily basis. The Valley cities also are home to a large network of hu n and social service providers who assist the most vulnerable residents in our society and those m st in need. All of this puts additional pressures and stress points on the public safety and emergency communications network--and underscores the vital importance of the Valley Cities Regional Broadband Network project. I Valley Cities B oadband 3 ME L MMT 0" lb A k" " 4 NV, 7\1-44 TUKV TH f A Bul H 4 AA, j - j 1k: R E N TO N 4 iti 8 3 6 5 0 iL 38 sQ MIT v if -4 - PARK RI IN gd, W:lip' PUGET SOUND DES MO KENT h 88,380 7 'rA 28 69 SQ MI: 41, A* AUBURN 67,485 -29 8 FEDERAL WAY Ilk I 22 37 SQMI It"A 4 AW A* Till IlLs k I ol PR99NRIVEg, WHITE RIVER AND PUYALLUP RIVER VALY CITIES FORMATION ASSOCIATION AGREE THIS AGREEMENT made and entered into this day of 20�_ by and between the Cities of Fife, Puyallup, Sumner, Algona, Pacific, .Kent, Renton and Tukwila, Washington, for the formation of a cooperative association to be, own as the Green River, White River and Puyallup River Valley Cities Association or Valle i ' hereinafter"Association.,, Y hes' Association, WEITNESSETH: WHEREAS, for the last number of years, there has been greater intes action between the cities of Fife; Puyallup, Sumner, Auburn, Algona, Pacific, Kent, Ron on and Tukwila, Washington, relative to a variety of issues with which they each contend and n which they have common or very similar positions;and WHEREAS, in order to be more effective in best determining how to address problems that these cities have in common, it would be advantageous for them to cook inate their efforts, combining resources and uniting in collective responses;and WHEREAS, in addition to the joint efforts that could be given by cities to address common problems,the gathering of these jurisdictions into a common unit wo d present a more forceful presence.in terms of effecting changes necessary for their benefit m1lonaily and across the state. NOW, THEREFORE,the Parties hereto hereby agree as follows: Section 1. The Parties or their identified representatives shall meet at conveniently scheduled times and places to form and develop the Association for the€ollo g purposes: * to address common issues through a consistent and cooperative approach, and through consensus building. * to share information between member cities to improve the quality o decision-makin for their elected officials. 4 g * to identify role of the Association to ensure that the Associatio `s when s n decision-making authority, peaking and acting on behalf of the Association,is vested with the organization as a whole. to provide a fair forum in which the elected and/or appointed representatives of the Parties may communicate to the other Parties issues of common concern and proposals for solutions, to develop committees and task forces, as needed, to address special issues and, projects, and to investigate, research and report back to the Association as a whole,and/or the Executive Board. to develop rules of procedure, operations guidel*mes , and plans for the Association, including processes for setting, calling and holding meetings, identifying addenda items, quorums and voting protocols,Association officers and duties. CITY OF FIFE CITY OF PUYALLUP By By Title: Title: Date: Date: Attest: Attest: By By Title: Title: Approved as to form. Approved as to form: By By Title: Title: CITY OF SUNWER CITY OF By By Title: Title: Date: Date: Attest: Attest: By By Title: Title:, Valley Cities' Assoc.Formation Agreement Page 2 of 4 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 1 F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 N%L000PIKENT vP�sHa prow OPERATIONS COMMITTEE MINUTES JULY 71 2009 Committee-Members Present: Debbie Raplee, Tim Clark, and Les T omas The meeting was called to order by Tim Clark at 4:05 p.m. 1. APPROVAL OF MINUTES UTES DATED JUNE 16, 2009 Thomas moved to approve the minutes of the June 16, 20 9 Operations Committee meeting. Clark seconded the motion (with Raplee's Concurrence), which passed 3-0. 2. VOUCHERS DATED JUNE 15 200 Finance Director Bob Nachlinger presented the vouchers for June 15, 2009 & June 30, 2009. Thomas moved to approve the vouchers dated .dune 15, 2009 & 3une 30, 2009. Clark seconded the motion (with Raplee's concurrence), which assed 3-0. 3. MOVE TO APPROVE THE AON INVESTMENT CONSULT NG SERVICES CONTRACT FOR REVIEW OF THE CITY'S DEFERRED OMPENSATION PROGRAM SUBJECT TO APPROVAL OF TERMS BY THE CI ATTORNEY'S OFFICE 'AND THAT THE MATTER BE PLACED ON THE ITY COUNCIL CONSENT CALENDAR FOR THE .DULY 21, 2009 MEETING. Senior Human Resources Analyst Ray Luevanos advised that the city is reco mending an ongoing services contract with Aon, Inc. (Aon) to provide fiduclary review an oversight of employee-owned deferred compensation investment accounts. Through this ontract, Aon assumes co-fiduciary responsibility with the City and agrees to monitor and lyze the performance of plan investment options. The budget Impact Is $30,000. (Ad Inlstrative Services Contract) Luevanos further advised that approximately 579 active ployees are participating in the city's 457 deferred contribution plans with approximately 34 million in assets. Reduced administrative fees, best of class investment options, and Im roved service levels have been negotiated by-thls consultant during the Request for Inform tion conducted earlier this year. Aon has agreed to remain lacked at the negotiated rate for period of three years from the effective date of this contract. The;Committee raised'questio which Luevanos responded to. Thomas moved to approve the Aon Investment Consulting S rvices Contract for review of the City's deferred compensation grog am subject to approval of terms by the City Attorney's Office and that the n iatter be placed on the City Council consent calendar for the July 21, 09 meeting. Raplee seconded the motion, which passed 3-0. Operations Committee Minutes June 16, 2009 Page. 2 4. MONTHLY BUDGET SUMMARY. Finance Director Bob Nachlinger provided a brief overview of the Monthly Budget Summary, Nachlinger made reference to the charts on pages 21, 22, 23, and 24 of the financial summary pointing out that in the month of May there was a further downturn in revenues, principally building revenues. He then referenced page 31, projections for General Fund for year end, which Indicates a 1.8 down draw In the fund balance rather than the $1 million originally projected. Nachlinger advised that administration is looking at the following two ways of addressing the problem; reduction of the capital fleet replacement budget for 2009 and 2010 and Initiating another payment holiday of the Health Insurance Fund. The Committee raised questions and concerns regarding the budget which Nachlinger and Chief Administrative officer John,Hodgson responded to. Council Member Ron Harmon made a request to ask questions regarding the budget summary, Harmon raised questions regarding salves tax numbers and the Parks department budget, making reference to figures on pages 31, 49, and 50, which Nachlinger responded to. The Committee requested there be more budget discussion once the June financials are available at the August 4, 2009 Operations Committee meeting. Tt Peeting %,ernet 4:58 p.m. Nancy Cla / Operations Committee Secretary 1 PUBLIC WORKS COMMITTEE MINU ES 3uly 6, 2009 COMMITTEE MEMBERS PRESENT: Councilmember Tim Clark sat in for C mmittee Chair Deborah Ranniger who had an excused absence; Ron Harmon and Debbie Raplee w re present. The meeting was called to order at 5:00p.m. ITEM 1- Approval of Minutes Dated June 23. 2009 Committee Member Raplee moved to approve the minutes of June 2 , 2009. The motion was seconded by Harmon and passed 3-0. ITEM 2 -Information Only/Recycling Relate Conservation Specialist, Gina Hungerford stated that King County Solid a to Division is sponsoring a media event on Tuesday, July 14, from 10:30-11:30 a.m. in the city ofK nt, as part of its "Recycle More. Its Easy to Do public education campaign. Local TV stations hav been invited to film the "Neighborhood Recycling Relay" which will take place in the White Hors Crossing neighborhood. Local resident Margaret Reid recruited three teams of friends and neighbor to participate in this fun event. This even will help educate citizens in the City and the region a d helps to meet the City Councils strategic goal to "Implement Conservation and Efficiency for Envi onmental Sustainability." The event will be located in the White Horse Crossing neighborhoods locate at: 25429 126th Avenue SE, Kent. Signs will be posted in the neighborhood as to the actual location. Information Only No Motion Required ITEM 3-Amdendment No. 1 to Consultant Services reement betw en the City of Kent and Fehr and Peers. Inc. for the Transportation Master Plan Phase 2. Senior Transportation Planner, Cathy Mooney said that staff had hoped to w ap up the Transportation Master Plan by December 2009. She asked the committee to extend the co pletion date through March 31, 2010. Additional analysis required to evaluate the Transportation Impact Fees required an additional $50,000 to complete this work. Mooney stated they had hoped to utilize staff for traffic counts, but have to use consultants to perform the work once again therefor increasing the cost. She went on to explained that under the Transportation Master Plan Phase 2 Scope of Work, staff and consultants have begun working on revising the City's Concurrency Ordinanc ; prioritized the bicycle system projects which were identified in the TMP; prioritized the sidewalk sy tem projects which were identified in the TMP; prioritized the ADA compliance needs for curb ramp re lacements and new installations citywide; have begun developing a process to incorporate the O erations Maintenance costs into the City's annual funding program; review the street, bicycle, side alk and streetlight design standards to name a few. These tasks have required a more detailed review by staff, consultants, and council and will take longer than expected requiring the nee to extend both the funding and the completion date. ADDED ITEM Mel Roberts, Kent Bicycle Advisory Board (KBAB) asked for another opportun ty to relook at the bicycle project list which they helped prioritize in 2008. After some discussio it was decided that staff would make sure that all of the prioritization criteria would be posted on the City's website as soon as possible. Harmon moved to recommend authorization for the Mayor to sign A endment No. 1 to the Consultant Services Agreement between the City of Kent and Feh & Peers, Inc. in the amount of $116,400 for completion of work on the Transportation Master Plan Phase 2, upon concurrence of the language therein by the City Attorney nd the Public Works Director. The motion was seconded by Raplee and passed 3-0. Page 1 of 3 U:\PWCommittee\Minutes\PWMinutes 07 06 09 doc 2 PUBLIC WORKS COMMITTEE MINUTES July 6, 2009 ITEM 4 —Interlocal Agreement Relating to the Transfer of Multiple County Owned Parcels: Developmental Engineering Manager, Mike Gillespie noted that the properties being discussed have been maintained by the City since the various annexations. King County will transfer to the City all drainage facilities and drainage interests in exhibits A and B of the Interlocal agreement. These ownerships are within the municipal boundaries of the City but were not transferred through past annexations. Properties being transferred will be managed under the City's surface water management program. Harmon moved to authorize the Mayor to sign the Interlocal Agreement between King County and the City of Kent relating to the transfer of multiple County owned drainage parcels and easements rights to the City of Kent. The motion was seconded by Raplee and passed 3-0. ITEM 5 — Green River Levee Status: Public Works Director, Larry Blanchard gave a brief update on the Howard Hanson Dam planning group. Environmental Engineering Manager, Mike Mactutis went on to note that the Howard Hanson Dam controls the storm water runoff from the Upper Green River Watershed, an area 220 square miles in size, and protects the valley area of the City of Kent through its control of the flows in the Green River. During the storm even in January, 2009, there was excessive seepage through the right abutment of the dam. The US Army Corps of Engineers is working to determine the path of that seepage. A bond sale was recommended for approval by the Public Works Committee on June 1, 2009 and the Operations Committee on June 2, 2009 and this bond sale included $1,500,000 to be used for temporary flood protection from the Green River. However, due to the length of timing of the process of the bond sale, the funding will not be available until late in the summer of 2009. In order to begin purchasing the large quantities of flood protection materials which will be needed along the Green River Levees this winter, the Public Works Department is requesting approval to begin purchasing water-filled flood protection structures in advance of the bond funding being available in City accounts. Blanchard asked that this item be brought to Council on July 7, 2009 under other business. Harmon moved to authorize the Public Works Director to execute a contract to purchase water-filled flood protection structures to be used to protect the City of Kent from flood threats up to a maximum of $1,500,000. The motion was seconded by Raplee and passed 3-0 ITEM 6 — South 259t" Street Raisina — Contract with Northwest Hydraulic Consultants, Inc. to Prepare a Conditional Letter of Mau Revision: Environmental Engineering Manager, Mike Mactutis stated that the goal of the South 259th Street Raising Project is to improve flood protection in the valley and remove about one-third of the valley from the proposed FEMA floodplain. The proposed contract with Northwest Hydraulic Consultants, Inc is to create a hydraulic model to assess the effectiveness of the South 259th Street Raising Project. The maps and report from this model are required to obtain a FEMA Conditional Letter of Map Revision (CLOMR). The CLOMR will provide that the protection provided by the South 259th Street Levee will be sufficient so that, once the project has been completed; a revision to the FEMA Flood Insurance Rate Map can occur to remove those protected areas of the Flood Insurance Rate Maps. The cost of this study is $35,004.00. Mactutis showed a brief PowerPoint presentation. Page 2 of 3 U.\PWCommittee\Minutes\PWMinutes 07 06 09.doc 3 PUBLIC WORKS COMMITTEE MINUTES July 6, 2009 Raplee moved to recommend authorizing the Mayor to sign a contract with Northwest Hydraulic Consultants, Inc. to perform technical work required to ob ain a Conditional Letter of Map Revision for the South 259th Street Raising project, up n concurrence of the language therein by the Public Works Director and City Attorney. The motion was seconded by Harmon and passed 3-0 ITEM 7 - TransRortation ImRrovement Plan TIP 0 0 - 2015 Multi dal: Public Works Director, Larry Blanchard said that one of the concerns that came up was that we make sure that another east/west location for bicycles. Councilmember Clark discussed was the Willis street project be identified as a grade separation project. Looking at goi g under or over both the UPRR and BNRR we want to make sure all options are kept open to us them fore we included them in our 2010 - 2015 TIP instead of having separate resolutions. 2010-2015 Ian will come before the committee on the 20tn of July. No Motion Required Information Only Added Item: Mel Roberts, Kent Bicycle Advisory Board (KBAB) talked south end of Benso 104tn & 265tn where new pedestrian crosswalk has been installed. Roberts's push button does not give a tactical response that the button was activated. The signal lacks an auditory signal for the visually impaired. Robert's let everyone know that the STP bicycle ride will begin in Kent on Saturday morning between 6:00-8:00 a.m. The route starts at REI Headquarters off of West Valley Highway and 228tn Adiourned: The meeting was adjourned at 6:18 p.m. Next Scheduled Meetina: Tuesday, July 20, 2009 at 5:00 pm ICheryl Viseth Administrative Assistant Page 3 of 3 U.\PWCommittee\Minutes\PWMinutes 07 06 09.doc 1 PUBLIC WORKS COMMITTEE MIN TES July 20, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger a d Committee Members Debbie Raplee and Ron Harmon were present. The meeting was called to rder at 5:11 p.m. ITEM 1- Anuroval of Minutes Dated July 6. 2009 Committee Member Raplee moved to approve the minutes of July 6, 2009. The motion was seconded by Harmon and passed 3-0. ITEM 2 - 2010 - 2015 Six Year TIP: Senior Transportation Planner, Cathy Mooney presented the Draft 2010-2015 Six Year Transportation Improvement Program (TIP). Identifying these projects in our Six Year TIP allows the City to look for funding partners and apply for grants on each. There are no new construction projects in the Draft 2010 - 2015 Six Year T ansportation Improvement Program (TIP). The TIP is a significant planning tool which le neighboring cities, developers and businesses know what is planned. Ranniger wanted the language to be changed in Projects 10 & 11 that says t e City will work with WSDOT to encourage provision of a bicycle facility. Bicycle facility to her fell like a place to store your bike and not a bicycle travel area. It was decided to change the text to rea facility for bicycle travel. Harmon moved to recommend that the Public Works Committee f rward the Draft 2010- 2015 Six Year Transportation Improvement Program (TIP) to the full Council and recommend that Council set a date for a Public Hearing. The m tion was amended to include the wording change; "facility for bicycle travel." The mo ion was seconded by Raplee and passed 3-0. ITE 3-Upper Johnson Creek Restoration Pro'e t Easem Environmental Engineering Manager, Mike Mactutis explained that the Upper Johnson Creek Restoration Project is based on an agreement between Polygon Northwest C mpany and the City to restore and enhance a portion of Upper Johnson Creek. Funding for the proj ct has been provided by Polygon Northwest Company and involves relocating the stream channel within an existing wetland; Drainage District No. 2 owns a strip of land parallel to Upper Johnson Creek. The easement will provide access to build and maintain this project. The City will maintain and onitor the flow of Upper Johnson Creek in the S. 212th Street culvert for five years after the flo in Upper Johnson Creek is diverted. Raplee moved to recommend authorizing the Mayor to sign an Eas ment Agreement with Drainage District No. 2 of King County to acquire access and main in the flow in Upper Johnson Creek, subject to approval by the City Attorney and the Publi Works Director. The motion was seconded by Harmon and passed 3=0. ITEM 4 -ConsultantContract/Anchor LC Lake Meridian Outlet Proiect: Environmental Engineering Manager, Mike Mactutis gave a brief overview and status of the project. Explaining that this contract continues improvements planned for the Lake M ridian Outlet Project. This contract supports Phases II and III, and includes construction of roughly ,000 feet of new stream channel extending east from Lake Meridian to Big Soos Creek. Once c nstructed, the new channel will include "fish- friendly" habitat features such as native plantings, ood structures, streambed gravels and pools. Phase III, the final phase of the project, includ s wetland work along 152nd Avenue S. Page 1 of 3 U:\PWCommittee\Minutes\PWMinutes 07 06 09.doc 2 PUBLIC WORKS COMMITTEE MINUTES July 20, 2009 Harmon moved to recommend authorization for the Mayor to sign the Anchor QEA, LLC Contract Agreement for the Lake Meridian Outlet Project in an amount not to exceed $24,060.00, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 5 — 2009 Desian & Construction Standards &Adoption of Ordinance: Public Works Director, Larry Blanchard gave a brief recap on the Design and Construction Standards. The City met with Puget Sound Energy (PSE) and the Master Builders Association and appreciated their input. It was agreed, that PSE would install and maintain residential street lighting. Blanchard mentioned that once owned and maintained by PSE the poles would most likely have to be purchased back from PSE, if things changed. The City is working with PSE on a pilot program to install LED lighting to residential customers. Ranniger thanked PSE and the Master Builders Association (MBA) for their collaboration. She was happy to see that through the collaboration it was determined that it is cheaper for residents to have PSE own the lighting. She felt that in this new era of tight budgets and economizing it makes sense for the City to not add to the cities already increasing maintenance responsibilities for residential street lighting. The City will continue to own and maintain Arterial and Collector Street Lighting. Based on revised numbers, and another meeting with PSE and Master Builders on July 15, the spreadsheets presented to the committee showed the agreed upon estimates that best represent a direct comparison of all lighting system options. The PSE owned and maintained options for residential street lighting provide a lower cost to the City, but do not allow the City the same flexibility in operations and maintenance. Should the City decide to change directions, those systems would need to be purchased from PSE at a later date. Other jurisdictions in the area that use a similar model of City owned and limited PSE maintenance include Auburn, Renton, Tukwila and Puyallup. Bellevue has started to use this model for systems along arterial roads. Dawn Midtbo, Manager of Street Area Lighting for PSE, thanked all for the opportunity to be able to work together on the costs. It is PSE's long term intent is to be the lowest cost provider to the City in the future. Mr. Huffman, MBA, apologized for the delay in getting this process taken care of. Despite the time it took, he thought that getting together and talking about the lighting issue was beneficial. Raplee moved that the Public Works Committee recommend adoption of the standards as written, except for section 6.14 (street light ownership) which shall be amended to reflect that Puget Sound Energy (PSE) own and maintain residential street lights under the new City Standards. The motion was seconded by Harmon and passed 3-0. ITEM 6 — Release of Sanitary Sewer Easement with Erroneous Legal Description: Deputy Public Works Director, Tim LaPorte stated that this is a housekeeping item. The easement to be released contained an error in the legal description. The current owner has signed a replacement easement containing the correct legal description. Harmon moved to authorize the Mayor to sign a release of sanitary sewer easement recorded under King County number 9904143155. The motion was seconded by Raplee and passed 3-0. Page 2 of 3 U:\PWCommittee\Minutes\PWMinutes 07 06 09.doc 3 PUBLIC WORKS COMMITTEE MINUTES July 20, 2009 ITEM 7 — Contract for Surveyor for Green River Levees: Deputy Public Works Director, Tim LaPorte said the City has been succ ssful in working with our Federal Delegations to secure funds to rebuild portions of the Green River evees in Kent. $5 million has been received for levee reconstruction adjacent to the Lakes Develop ent between 228th Street and James Street. To enable the Corps to proceed with this project the C rps is requesting City help with topographic surveying required to design the project within th abbreviated timeframe requested. LaPorte stated that we would not be going out for bid for a surveyor as the City works off of a roster. The City plans to use an outside surveyor as well as in-house personnel. Raplee moved to authorize the Mayor to sign a contract for Topo raphic Survey work in support of Green River Levee Reconstruction work in an amount of to exceed $50,000 upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3- 0. ITEM 8 — Tacoma Second Supply Pipeline Project Status: Water Superintendent, Brad Lake stated that Kent is a partner in the Tacom Second Supply Project (SSP), a portion of which was completed in 2007/2008 to provide drinking ter to the four partners in the SSP project. An important part of the project is to select, design and uild a treatment process which will allow Tacoma and the partners in the project to fully meet the req irements of the Long Term 2 Enhanced Surface Water Treatment Rule. He further noted that the reatment facility must be completed and online by 2014, or compliance action will likely be initiated b the Washington State Department of Health and the Environmental Protection Agency. Pilot testing has been set up and is operated by Tacoma staff to collect water quality data and to determine opti num procedures. Lake went on to show a slide of the Green River Treatment Facility and the Tacom 3 Water Treatment Decision process flow chart showing the ongoing stakeholders involvement. No Motion Required Information Only ITEM 9 - 2009 2"d Quarter Status Update: Deputy Public Works Director, Tim LaPorte gave a brief PowerPoint Presentat on highlighting Engineering's successes in the 2nd Quarter of 2009. No Motion Required Information Only Adiourned: The meeting was adjourned at 6:53 p.m. Next Scheduled Meeting: Monday, August 3, 2009 at 4:30 pm 1 Cheryl Viseth Administrative Assistant Page 3 of 3 U:\PWCommittee\Minutes\PWMinutes 07 06 09 doc CONTINUED COMMUNICATIONS A. r EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 1 i r i 1 1 1