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HomeMy WebLinkAboutCity Council Committees - Public Works or Public Works Committee - 10/18/2021 (2) Public Works Committee Monday, October 18, 2021 4:00 PM Chambers Masks are required regardless of vaccination status. To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 833 1854 6221 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** Item Description Action Speaker Time 1. Call to Order YES Chair 01 MIN. 2. Roll Call YES Chair 01 MIN. 3. Agenda Approval YES Chair 01 MIN. 4. Approval of Minutes YES Chair 01 MIN. YES 1. Approval of October 4, 2021 Chair 05 MIN. Minutes 5. Business YES 1. Commute Trip Reduction Shivani Lal 10 MIN. Grant - Authorize YES 2. USGS Joint Funding Mike Mactutis 10 MIN. Agreement for Fiscal Year 2022 - Authorize YES 3. Sound Transit Federal Way Cheryl Rolcik-Wilcox 05 MIN. Link Extension Temporary Construction Agreement - Authorize Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Nancy Yoshitake at 253-856-5508, or email NYoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov. 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Public Works Committee CC PW Regular Meeting October 18, 2021 NO 4. INFO ONLY: Naden Chad Bieren 05 MIN. Avenue/Willis Street Intersection NO 5. INFO ONLY: Veterans Drive Chad Bieren 05 MIN. Planters 6. Adjournment YES Chair 01 MIN. 5/2 Pending Approval Public Works Committee CC PW Regular Meeting Minutes October 4, 2021 Date: October 4, 2021 Time: 4:04 p.m. Place: Chambers Attending: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: 1. Call to Order 4:04 p.m. Council Chair Fincher called the meeting to order. 2. Roll Call Committee Secretary, called the roll. Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Remote Marli Larimer Councilmember Present 3. Agenda Approval 4. Approval of Minutes 1. Approval of Minutes dated September 20, 2021 MOTION: Move to approve the Minutes dated September 20, 2021 RESULT: APPROVED \[UNANIMOUS\] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer 5. Business Njovuft!Bddfqubodf;!Njovuft!pg!Pdu!5-!3132!5;11!QN!!)Bqqspwbm!pg!Njovuft* 1. INFO ONLY: West Hill Reservoir Update Design Engineer, Drew Holcomb and Environmental Specialist, Matt Coy provided an update on the construction of the West Hill Reservoir located at thth 38 Ave S. and S. 248 Street. Site prep work, site utilities and the foundation have been completed. Steel panels that will make up the sides of the tank have been delivered and the contractor is constructing the vertical side walls of the tank. Page 1 of 2 Qbdlfu!Qh/!4 5/2 Public Works Committee CC PW Regular Meeting October 4, 2021 Minutes Kent, Washington Once complete, a painted mural is planned for the water tank. A request for proposals was advertised in August for mural contractors. One proposal was received from an experienced northwest contractor. The contractor will be retained to provide mural renderings that will be presented to the Kent Arts Commission, West Hill Neighborhood Council and interested individuals for feedback. After that process, we will return to the Public Works Committee for concurrence. 2. INFO ONLY: South 212th Street Preservation - 72nd Avenue South to 84th Avenue South (East Valley Highway) Design Engineer, Drew Holcomb updated committee members on the South thndth 212 Street Preservation Project from 72 Avenue South to 84 Avenue South (East Valley Highway). He showed pictures of several major milestones this project has met, in the past few weeks. 3. INFO ONLY: NPDES Audit by the Department of Ecology Conservation Analyst, Laura Haren noted the City is permitted by the Washington State Department of Ecology to discharge stormwater into streams, lakes, wetlands, and the Green River. This permission is granted under the Western Washington Phase II Municipal Stormwater Permit (Permit). The Permit is required by the Federal Clean Water Act, with specific rule making under the National Pollutant Discharge Elimination System (NPDES). The Permit requires the City to implement Stormwater Management Programs that manage and control stormwater runoff to prevent downstream pollution. Public Works is responsible for ensuring that the city implements stormwater management practices consistent with Permit requirements. Haren present a brief overview of the Permit, including new program requirements and an update on Permit implementation in Kent. 6. Adjournment 4:30 p.m. Council Chair Fincher adjourned the meeting. Cheryl Viseth Njovuft!Bddfqubodf;!Njovuft!pg!Pdu!5-!3132!5;11!QN!!)Bqqspwbm!pg!Njovuft* Committee Secretary Page 2 of 2 Qbdlfu!Qh/!5 6/2 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 DATE: October 18, 2021 TO: Public Works Committee SUBJECT: Commute Trip Reduction Grant - Authorize MOTION: I move to authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #PTD0443, for the term July 1, 2021 through June 30, 2023, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This Agreement is between the Washington State Department of Transportation (WSDOT) and the City. The City is required by state law to enforce the transportation demand management provisions in RCW 70A.15.4020. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. The $106,006 Agreement allocates two years of funding for the implementation of the Commute Trip Reduction (CTR) Program mandated by RCW 70A.15.4000 - through RCW 70A.15.4110 for the 2021-2023 project term. -time, CTR Coordinator position and for materials used to support businesses required by law to participate in CTR. These businesses employ more than 11,000 people in the City of Kent. The program also promotes alternative transportation modes to any interested area business or individuals. BUDGET IMPACT: There is no required match to this state grant. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Qbdlfu!Qh/!6 6/2 Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. WSDOT Transportation Demand Management Implementation Agreement (PDF) 2. CTR Administrative Work Plan 2021-2023 (PDF) Qbdlfu!Qh/!7 6/2/b WSDOT Contact:Monica Ghosh 206-464-1191 GhoshMo@wsdot.wa.gov Transportation Demand Management Implementation Agreement Contractor: City of Kent Agreement Number PTD0443 220 Fourth Avenue South Term of Project July 1, 2021 through June 30, 2023 Kent, WA 98032 UPIN PTTD017 Rob Brown 253-856-5571 916001254 Contact: Vendor # THISAGREEMENT,enteredintobytheWashingtonStateDepartmentofTransportation,hereinafter ÐWSDOT,ÑandtheContractoridentifiedabove,hereinaftertheÐCONTRACTOR,Ñindividuallythe ÐPARTYÑ and collectively the ÐPARTIES.Ñ WHEREAS,RCW70.94.521throughRCW70.94.555establishesthestateÓsleadershiprole,andthe requirementsandparameterstoreducetrafficcongestion,fueluse,andairpollutionthroughcommute tripreductionprograms,includingtransportationdemandmanagementprogramsforgrowthand transportation efficiency centers (ÐGTECÑ) in Washington State; and WHEREAS,theStateofWashingtoninitsSessionsLawsof2021,Chapter333Section220 authorizesfundingforPublicTransportationProgramsandotherspecialprovisofundingasidentified in the budget through its 2021-2023 biennial appropriations to WSDOT; and NOWTHEREFORE,inconsiderationoftheterms,conditions,covenants,andperformancescontained herein,orattachedandincorporatedandmadeaparthereof,ITISMUTUALLYAGREEDAS FOLLOWS: SCOPE OF WORK AND BUDGET ScopeofWork:TheCONTRACTORagreestoprovideTransportationDemandManagement(TDM) services,primarilyusedtosupportlocalCommuteTripReduction(CTR)programsassociatedwiththe StatewideCommuteTripReductionProgram,including:1)Developmentandsubmissionofan AdministrativeWorkPlanbytheendofthefirstquarterofthisAGREEMENTthatmustbeapprovedby WSDOTinwriting;and2)Implementationofthestrategiesandproductionofthedeliverablesoutlined intheWSDOT-approvedAdministrativeWorkPlaninordertoimplementaCTRprogram.The Administrative Work Plan shall be incorporated as an amendment to this AGREEMENT. FundsCurrent FundsProjected FundsTotal Current & Projected Funds $106,006 Commute Trip Reduction $106,006 Total Project Cost$ 106,006$-$ 106,006 Current Funds reflect total funding appropriated by the Washington State Legislature for the Budget: Project in the 2021-2023 biennium. Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* Page 1 of 9 City Of Kent Qbdlfu!Qh/!8 PTD0443 6/2/b Section 1 Purpose of Agreement A.The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the ÐProject.Ñ B.If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the requirements of Sections 1 through 30 of this AGREEMENT, the CONTRACTOR must assume full responsibility for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume full responsibility for compliance with Federal Highway AdministrationÓs (FHWA) Required Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here, https://www.fhwa.dot.gov/construction/cqit/form1273.cfm, and any amendments/revisions thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found here,https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant- agreements. Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in ÐScope of Work and BudgetÑ. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled ÐTerm of ProjectÑ of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitledÓ ÐTerm of ProjectÑ and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project shall not exceed the ÐCurrent FundsÑ detailed in the ÐScope of Work and BudgetÑ. The CONTRACTOR agrees to expend eligible ÐState FundsÑ together with any ÐContractor FundsÑ identified above in the ÐScope of Work and BudgetÑ table. If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the ÐScope of Work and BudgetÑ table above, the CONTRACTOR shall notify WSDOT in writing within thirty (30) business days of making that determination. Section 5 Reimbursement and Payment A.Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 11 ÎReports may delay payment. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. Page 2 of 9 City Of Kent Qbdlfu!Qh/!9 PTD0443 6/2/b B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period in which the work was performed. As defined in RCW 43.88, the state fiscal period starts on July 1 and ends on June 30 the following year. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the expenses to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. Section 6 Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: A. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs and providing site- specific suggestions for improved CTR performance, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. B. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR. Section 7 Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute Trip Reduction employer surveys. Section 8 Planning Data The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. WSDOT may request worksite TDM plans for review. Section 9 Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTORÓs contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. Section 10 Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. Section 11 Reports The CONTRACTOR shall prepare and submit quarterly, annual, and final progress reports pursuant to this agreement and as prescribed in WSDOTÓs Transportation Demand Implementation Agreement Guidebook or as requested by WSDOT. Due to Legislative and Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* WSDOT reporting requirements, any required quarterly progress reports shall be submitted for Page 3 of 9 City Of Kent Qbdlfu!Qh/!: PTD0443 6/2/b the duration of the AGREEMENT period regardless of whether the underlying funding sources have been exhausted. Post-grant annual performance reporting may also be required as prescribed in the aforementioned guidebook. Section 12 Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances adopted pursuant to RCW 70.94.527(5). Section 13 Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the ÐScope of Work and BudgetÑ and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. Section 14 Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. Section 15 Project Records The CONTRACTOR agrees to establish and maintain accounts for the Project in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 16 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTORÓs records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* Page 4 of 9 City Of Kent Qbdlfu!Qh/!21 PTD0443 6/2/b Section 17 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, UPIN, the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. B. If an increase in funding by the funding source augments the CONTRACTORÓs allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTORÓs allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 18 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. Section 19 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation DivisionÓs Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs ManagerÓs designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten calendar (10) days from the date of CONTRACTORÓs receipt of WSDOTÓs written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the DirectorÓs designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTORÓs appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the DirectorÓs designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* Page 5 of 9 City Of Kent Qbdlfu!Qh/!22 PTD0443 6/2/b Section 20 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* as a termination for convenience. Page 6 of 9 City Of Kent Qbdlfu!Qh/!23 PTD0443 6/2/b C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, ÐTerm of ProjectÑ, shall require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination. Section 21 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 22 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 23 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTORÓs rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 24 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as ÐclaimsÑ), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTORÓs performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the Page 7 of 9 City Of Kent Qbdlfu!Qh/!24 PTD0443 6/2/b WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTORÓs employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorneyÓs fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 25 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 26 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 27 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 28 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* Page 8 of 9 City Of Kent Qbdlfu!Qh/!25 PTD0443 6/2/b Section 29 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 30 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE CONTRACTOR DEPARTMENT OFTRANSPORTATION Brian Lagerberg, Director Authorized Representative Public Transportation Division Title Print Name DateDate Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* Page 9 of 9 City Of Kent Qbdlfu!Qh/!26 PTD0443 Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!27 be submitted and approved gy, indicate the estimated budget, purpose of the work plan is to provide a approved work plan will be eligible for ssues and risks, and the performance with WSDOT. It must biennial targets. For each strate R funds. Only those strategies in an work plan, complete the table below. The meline, expected outcomes, potential i equirement of the CTR agreement mine progress of a strategy. l approach to meet your Please note that this work plan is a rby WSDOT before you will receive state CTreimbursement.For each of the major strategies in your strategic overview of your locathe key deliverables, implementation timeasures you will use to deterStrategy #1: Program Administration Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!28 Strategy #2: ETC TrainingStrategy #3: Program Reports Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!29 ions, marketing, and incentives Strategy #4: SurveysStrategy #5: Employer Support Strategy #6: Regional promot Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!2: Strategy #7: Regional and state Transportation Demand Management supportStrategy #8: Local CTR Plan development Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!31 PTD0443 Agreement number: City of Kent Commute Trip Reduction (CTR) Program Calendar 2021-2023 Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f* 6/2/c Qbdlfu!Qh/!32 6/3 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 DATE: October 18, 2021 TO: Public Works Committee SUBJECT: USGS Joint Funding Agreement for Fiscal Year 2022 - Authorize MOTION: I move to authorize the Mayor to sign the Joint Funding Agreement for Water Resource Investigations between the City of Kent and the U.S. Geological Survey, in the amount of $116,611, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This is an on-going partnership with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2022, The City of Kent will contribute $116,611 to the total annual program costs of $159,026 with the USGS and the City of Tukwila providing the remainder. The Creek. These gages provide valuable information on stream flows and precipitation, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations at real-time. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criterion to determine December. This agreement will provide for operation, maintenance and data collection at seven gages. Two are located on Mill Creek, one on Springbrook Creek, one on Rock Creek, and three on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current/?type=flow BUDGET IMPACT: Costs for this contract will be charged partially to the Water Utility (Rock Creek gage) and partially to the Drainage Utility (Green River, Mill and Springbrook gages). Qbdlfu!Qh/!33 6/3 SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Joint Funding Agreement for Water Resources Investigations (PDF) Qbdlfu!Qh/!34 6/3/b 6000000723/22YGJFA09800/FY22 Customer #: 6000000723 Form 9-1366 U.S. Department of the Interior Agreement #: 22YGJFA09800 (May 2018) U.S. Geological Survey Project #: YG00H1U Joint Funding Agreement TIN #: 91-6001254 FOR Water Resource Investigations Fixed Cost Agreement YES\[ X \] NO\[ \]! THIS AGREEMENT is entered into as of the Pdupcfs!2-!3132, by the V/T/!HFPMPHJDBM!TVSWFZ-!Xbtijohupo! Xbufs!Tdjfodf!Dfoufs, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Djuz!pg! Lfou party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation the operation and maintenance of the cooperative streamgaging program between the USGS and the City of Kent (City) (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) %42-663!cz!uif!qbsuz!pg!uif!gjstu!qbsu!evsjoh!uif!qfsjpe! Pdupcfs!2-!3132!up!Tfqufncfs!41-!3133! ! (b) %227-722!cz!uif!qbsuz!pg!uif!tfdpoe!qbsu!evsjoh!uif!qfsjpe! Pdupcfs!2-!3132!up!Tfqufncfs!41-!3133! ! (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices Buubdinfou;!Kpjou!Gvoejoh!Bhsffnfou!gps!Xbufs!Sftpvsdft!Jowftujhbujpot!!)398:!;!VTHT!Kpjou!Gvoejoh!Bhsffnfou!gps!Gjtdbm!Zfbs!3133!. website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). Qbdlfu!Qh/!35 6/3/b 6000000723/22YGJFA09800/FY22 Customer #: 6000000723 Form 9-1366 U.S. Department of the Interior Agreement #: 22YGJFA09800 (May 2018) U.S. Geological Survey Project #: YG00H1U Joint Funding Agreement TIN #: 91-6001254 FOR Water Resource Investigations 9. Billing for this agreement will be rendered rvbsufsmz. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. ! ! ! VTHT!Ufdiojdbm!Qpjou!pg!Dpoubdu! Dvtupnfs!Ufdiojdbm!Qpjou!pg!Dpoubdu! !! Name: Mike Mactutis Name: Christopher Laveau Associate Center Director Address: 220 4th Ave S Address: 934 Broadway, Suite 300 Kent, WA 98032 Tacoma, WA 98402 Telephone: (253) 856-5520 Telephone: 253-552-1609 Fax: Fax: Email: mmactutis@kentwa.gov Email: cdlaveau@usgs.gov VTHT!Cjmmjoh!Qpjou!pg!Dpoubdu! Dvtupnfs!Cjmmjoh!Qpjou!pg!Dpoubdu! !! Name: Sharbra Gordon-scott Name: Mike Mactutis Budget Analyst Address: 934 Broadway Suite 300 Address: 220 4th Ave S Tacoma, WA 98402 Kent, WA 98032 Telephone: (253) 552-1698 Telephone: (253) 856-5520 Fax: (253) 552-1581 Fax: Email: sgordon-scott@usgs.gov Email: mmactutis@kentwa.gov ! ! ! V/T/!Hfpmphjdbm!Tvswfz! Djuz!pg!Lfou! Vojufe!Tubuft! Efqbsunfou!pg!Joufsjps ! ! ! ! Tjhobuvsf! Tjhobuvsft! ! Cz```````````````````````!! Cz```````````````````````!Ebuf;!`````````! Obnf;!Cynthia Barton, Ph.D., L.H.G., L.G.! Obnf;! Ujumf;!Center Director Ujumf;! Cz```````````````````````!Ebuf;!`````````! Obnf;! Ujumf;! Cz```````````````````````!Ebuf;!`````````! Obnf;! Ujumf;! Buubdinfou;!Kpjou!Gvoejoh!Bhsffnfou!gps!Xbufs!Sftpvsdft!Jowftujhbujpot!!)398:!;!VTHT!Kpjou!Gvoejoh!Bhsffnfou!gps!Gjtdbm!Zfbs!3133!. Qbdlfu!Qh/!36 6/4 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 DATE: October 18, 2021 TO: Public Works Committee SUBJECT: Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize MOTION: I move to authorize the Mayor to sign a 743 square ft Temporary Construction Easement for Sound Transit on King County Tax Parcel No. 282204-9017, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Sound Transit is constructing the Federal Way Link Extension and portion of King County Tax Parcel No. 282204-9017, which is owned by the City. The TCE will remain in effect until June 30, 2025, or until the easement area is fully restored, whichever occurs first. Sound Transit may, at its option, extend the term for up to an additional six months. An offer was made by Sound Transit, under threat of condemnation, to compensate the City $1,000.00 for the TCE. This amount was based on an appraisal conducted on behalf of Sound Transit, which determined that the fair market value of the TCE offer was increased to that amount. Staff has reviewed the appraisal and recommends that Council authorize the Mayor to sign the TCE to complete this transaction. BUDGET IMPACT: Proceeds will be placed in the Drainage Utility Fund, as the original property purchase was paid for using Drainage Utility monies. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Qbdlfu!Qh/!37 6/4 ATTACHMENTS: 1. 5C1 TCE Final - signed (PDF) Qbdlfu!Qh/!38 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!39 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!3: 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!41 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!42 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!43 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!44 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!45 6/4/b Buubdinfou;!6D2!UDF!Gjobm!.!tjhofe!!!!)3991!;!Tpvoe!Usbotju!Gfefsbm!Xbz!Mjol!Fyufotjpo!Ufnqpsbsz!Dpotusvdujpo!Bhsffnfou!.!Bvuipsj{f* Qbdlfu!Qh/!46 6/5 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 DATE: October 18, 2021 TO: Public Works Committee SUBJECT: INFO ONLY: Naden Avenue/Willis Street Intersection SUMMARY: The city purchased properties on Naden Avenue, between Willis Street and Meeker Street, with the intention of constructing an aquatics center and replacement for the Kent Commons. In order to provide better access to the proposed facility, the city requested that the Washington State Department of Transportation (WSDOT) allow a new connection to Willis Street at Naden Avenue. WSDOT owns Willis Street (SR 516) from the Union Pacific Railroad crossing to the west, and it has the authority to approve or deny new access to Willis Street. In 2017, after multiple requests, WSDOT approved a right-in/right-out, signalized access to Naden Avenue from SR516. The approval included a provision to analyze a roundabout at the 4th/Willis intersection. The roundabout would allow for a th change in the 74 Avenue S/Willis St intersection to remove northbound left turns. th It was determined that 4/Willis would be a good location for a roundabout, and the city made a capital request in the state budget to help pay for it. The city received state funding for the roundabout and then Council added a capital project to improve the Parks space along Willis Street. Completing the right- in/right-out will improve access to the Naden Property and finish the Willis Street Gateway project as originally discussed with WSDOT. $2.8-million capital request to complete design and construction of the Naden/Willis intersection. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Qbdlfu!Qh/!47 6/6 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 DATE: October 18, 2021 TO: Public Works Committee SUBJECT: INFO ONLY: Veterans Drive Planters SUMMARY: The Veterans Drive intersection at Military Road was designed to match up with the SR 509 Gateway Project, creating a new entryway into the city from the freeway system. The proposal is to remove the existing vegetation in the median and roadside planters, and replacing it with more decorative, less labor intensive plantings. The roadway was planted in 2006 without irrigation because water service was not available. Now that nearby properties have developed, water is available and will enable the city to create a better gateway feature. Capital Funding request of $1-million. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Qbdlfu!Qh/!48