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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/06/2006 (3) Public Works Committee Agenda 0 Councilmembers: Ron Harmon#Tim Clark#Debbie Raplee, Chair KENT W A 5 H I N G T O N November 6, 2006 5:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes Dated 10/16/2006 YES None 03 01 2. Contract/US Fish and Wildlife Service YES Mike Mactutis 10 05 3. Modified Consent to Construct Agreement with Midway Sewer District YES Tim LaPorte 05 17 4. Information Only/224th Street (EIS) NO Tim LaPorte 10 -- 5. 2715t Street Speed Study Update &Traffic and Traffic Calming Device Installation YES Larry Blanchard 10 33 6. Information Only/How Well is Public Works Performing/Customer Service - Water & Fleet NO Larry Blanchard 10 37 7. Information On/y/South Ridge 282nd Street Parking Modification-Update NO Larry Blanchard 15 -- 8. Information Only/Street Lighting on Residential Streets NO Larry Blanchard 10 -- Unless otherwise noted,the Public Works Committee meets at 5:00 p.m.on the lst&3rd Mondays of each month. Council Chambers East,Kent City Hall,220 4th Avenue South,Kent,98032-5895. For information please contact Public Works Administration(253)856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253)856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. UAPW Committee\Agendas\2006 AgendaMovember 6 2006.doc 1 PUBLIC WORKS COMMITTEE MINUTES October 16, 2006 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:04 p.m. ITEM 1- Approval of Minutes Dated September 18, 2006 Committee Member Harmon moved to approve the minutes of September 18, 2006. The motion was seconded by Clark and passed 3-0. ITEM 2 - Robinson & Noble/Water-Contract Brad Lake, Water Superintendent stated that as part of WAC 246-290-100, and 246-290-135, Group A Community Water Systems are required to complete a water source analysis and reliability study (every 6 years) as part of the water system comprehensive plan. The next City of Kent Water System Plan is due in 2008, and will complete a study of Kent's Aquifers that began back in 1993. Clark recommends Council authorize the Mayor to sign Source Water Availability and Hydrologic Analysis agreement between the city of Kent and Robinson-Noble &Saltbush, Inc. for an amount not to exceed Two Hundred Seven Thousand, One Hundred Ninety Three Dollars($207,193.00). The motion was seconded by Harmon and passed 3-0. ITEM 3 — Interlocal Agreement for Water Resource Inventory Area 8 (WRIA 8) Mike Mactutis, Environmental Engineering Manager, gave a brief overview of (WRIA) and the benefits of being a partner. The City of Kent entered an Interlocal Agreement (ILA) for participation in WRIA 8 in 2001. The agreement remained in effect for an initial term of five (5) years and was extended for one year. The City of Kent wishes to enter a new ILA through December 21, 2015. Harmon moved to recommend City Council authorization for the Mayor to sign an Interlocal agreement (ILA) for the Watershed Basins within Water Resource Inventory Area 8 (WRIA) S. The motion was seconded by Clark and passed 3-0. ITEM 4 - Water Resource Inventory Area 9 Interlocal Agreement Mike Mactutis, Environmental Engineering Manager, gave a brief overview of(WRIA) 9. He further summarized that the City of Kent entered an Interlocal Agreement (ILA) for participation in (WRIA) 9 on December 18, 2000. The agreement remained in effect for an initial term of five (5) years and was extended for one year through 2006. The City of Kent wishes to enter a new ILA through December 31, 2015. Clark moved to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA 9) (which includes portions of Water Resource Inventory Areas 8, 10 and 15. The motion was seconded by Harmon and passed 3-0. ITEM 5 —Vacation of Alley in Block 3 of Washington Central Improvement Company Knob Hill Addition to Kent: Gary Gill, City Engineer summarized that a small alley off of Scenic Hill is being requested to be vacated and are asking that a public hearing be set. Page 1 of 3 P:1PublicW dminSuppottT WConmidceWinutes,doc 2 PUBLIC WORKS COMMITTEE MINUTES October 16, 2006 Harmon moved to recommend Council adoption of a resolution setting a public hearing date for the alley vacation located of the south 120 feet of the alley in Block 3, Washing ton Central Improvement Company Knob Hill Addition to Kent. The motion was seconded by Clark and passed 3-0. ITEM 6 -Street Vacation. 138t' Place SE Gary Gill, City Engineer summarized that Pinnacle at Meridian LLC., a developer, is seeking vacation of a stub portion of 138th PI SE in conjunction with a short plat application. Clark moved to recommend Council adoption of a resolution setting a public hearing date for the Street vacation of a portion of 138t' Place SE. The motion was seconded by Harmon and passed 3-0. ITEM 7 - Street Sweeping - Change Order Bill Thomas, Street Superintendent gave a brief background history, he stated that due to added fuel costs and disposal fees the cost of doing business is rising. The 2% increase to the monthly lump sum, will have no Unbudgeted Fiscal Impact to the budget, as the funding, $173,260.38 will come from the 2007 operating budget. A brief discussion ensued regarding fuel charges and the idea of going out to bid. Thomas believes that it would be more cost effective to do the change order. Raplee asked if the fluctuating fuel charges could be looked at separately. Blanchard will look into doing that in next year's contract. Harmon moved to recommend authorizing the Mayor to sign the Change Order No. 5 with McDonough & Sons, Inc. for a 2% increase in the monthly lump sum for the street sweeping contract, upon the concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Clark and passed 3-0. Item 8 -Information Only/Update 282"d Street South Ridge Neighborhood Meeting Larry Blanchard, Public Works Director reminded committee members that the 282nd Street, South Ridge Neighborhood meeting will take place on Wednesday, October 25, 2006 at 6:00 p.m. at Horizon Elementary School in the Multipurpose Room 27641 144th Ave SE, Kent WA 98042. Parking will be discussed. We will be taking input from the meeting and bringing it back to the Public Works Committee at a later date. No Motion Required/Information Only Item 9 - Information Only/How Well is Public Works Performing/Customer Input/Storm &Sewer Infrastructure Larry Blanchard, Public Works Director, gave an informational PowerPoint presentation on "How Well is Public Works Performing/Customer Input." He went over quality performance and what that looks like. He said the goal of Public Works Operations is to respond in some way to customers within 24 hours. He asked that committee members contact Cheryl, Larry or Margaret at x5500 if they have further questions to add to the survey. P.\PublicUdminSuppm\PWCommittccWinums doc Page 2 of 3 3 PUBLIC WORKS COMMITTEE MINUTES October 16, 2006 Item 9 Continued - Information Only/How Well is Public Works Performing/Customer Input/Vegetation Scott Schroeder, Vegetation Management Field Supervisor, gave a brief PowerPoint presentation on "How Well is Public Works Performing/Customer Input." He went over quality performance and what that looks. Schroeder reiterated what Blanchard said regarding turnaround time for complaints being 24hrs. He went over how many millions of miles of vegetation they are responsible for, how many employees are responsible for maintenance of vegetation and went over a list of projects they are working on. He asked committee members to contact Cheryl, Larry or Margaret at x5500 if they have further questions to add to the survey. Raplee said that she has gotten a lot of great compliments on the downtown planters. ITEM 10 —Information Only/Responsibility in Decision Making Larry Blanchard, Public Works Director, stated that all decisions made by the Public Works Committee, City Council, and Administration of these decisions are mandated through some Federal, State, County, or Local Code. Staff will continue to work on a Table that identifies these codes and when issues need to be presented to the Public Works Committee and the City Council. This update will provide the most recent information through 2007. He will come back sometime early next year with the completed table. No Motion Required/Information Only ADDED ITEM - UPDATES: Rock Creek Bridge, establishing weight limits. A consultant was hired to provide the final weight limit for the road; we expect to hear back from them within the next 30 days. Once we receive the road weight limit report the final recommendation will be brought back to the Public Works Committee for review and recommendation to the City Council. Staff will continue to work with the gravel companies on this matter. 114b'12715rSpeed Study/Speed Humps - The speed studies have been conducted. Due to the high cost of installing temporary speed humps, Blanchard said it would be more cost effective to install permanent humps and take them out if need be. Notice will be sent out to all residents as to where they will be installed before hand. The exact locations have not been finalized to date. Public Comment: Mel Roberts, member of the Kent Bicycle Advisory Board (personal comment). He had questions about the proposed trail at Grandview Park. Noting that sections of the trail has a grade too steep for cyclists. Gary Gill, City Engineer said that the Polygon Northwest Company did the best they could given the extreme grades of the hillside. It was also noted that the trail is not an exclusive bicycle facility and was not designed to accommodate bicycles only. The SEPA conditions for the Kentview PUD required the developer to provide a pedestrian and bicycle connection/path between Grandview Park and the Green River. Staff will look at this area to see if there is room to lessen the grade. Adiourned• The meeting was adjourned at 6:20 p.m. Next Meeting Scheduled for: Monday, November 6, 2006, 5:00 p.m. ChMS) Chery iseth, Administrative Assistant III P:\Public\AdminSupport\PWCom iltce\Miniitm dnc Page 3 of 3 4 This page intentionally left blank. 5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 7�• TKCN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 1, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 6, 2006 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: United States Fish and Wildlife Service Interagency Agreement Extension ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Move to approve the amendment to the Interagency Agreement for the Clark Springs Habitat Conservation Plan with the United States Fish and Wildlife Service. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: In January 2001, Kent City Council directed staff to pursue the development of a Habitat Conservation Plan and negotiate Incidental Take Permits from the United States Fish and Wildlife Service and the National Marine Fisheries Service (Services) for the incidental take of species listed under the Endangered Species Act as a result of the City's operations at the Clark Springs municipal water supply facility. A Draft of the HCP is complete and the City is working with its consultants and the Services to complete a Draft Environmental Impact Statement which will be sent out for public comment through the NEPA/SEPA process. Staff anticipates securing the Incidental Take Permits in the early part of 2008. The USFWS have been paid $25,000 per the agreement and have been very cost conscious with regards to the review of the City of Kent's HCP. This amendment will extend the contract period and identifies current federal rates. Summary: The City entered into an agreement with the USFWS in January 2005 to receive an augmented level of service to prepare environmental documents associated with the HCP. The previous agreement expires on December 31, 2006. This amendment to the agreement extends the contract period and identifies current federal rates. Recommendations: Move to approve the amendment to the Interagency Agreement for the Clark Springs Habitat Conservation Plan with the United States Fish and Wildlife Service. P.I PublicUdminSuPl PWComm rnalf ctionPnge.dx 6 • KENT WAS.-OTON AMENDMENT TO INTERAGENCY AGREEMENT FOR CLARK SPRINGS HABITAT CONSERVATION PLAN (between Cuy of Kent and United States Fish and II ildlife Service) THIS AMENDMENT("Amendment")is made between the CITY OF KENT,a Washington municipal corporation ("City"),and the UNITED STATES FISH AND WILDLIFE SERVICE, a federal agency("Service"). I. RECITALS 1.1 On January 21, 2005, the parties entered into an Interagency Agreement for the Service to provide an augmented level of assistance to the City of Kent for the Clark Springs Habitat Conservation Plan. 1.2 This Agreement is currently set to expire on December 31, 2006. However, the parties express their mutual intent and desire to extend the term of the Agreement through September 30, 2008, in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties,and other good and valuable consideration,the City and Service agree as follows: 2.1 Duration. Section VI of the Agreement, entitled "Duration, Termination, and Amendment,"is hereby amended to extend the Agreement's termination date through September 30, 2008, conditioned upon the Kent City Council's appropriation of sufficient funds to support the activities set forth in the original Agreement and its scope of work. 2.2 Cost. Section IV of the Agreement entitled"Costs"is hereby amended to reflect the change in FWS bio-day rate from FY-05 to FY-07. The Bio Day rate for FY07 is$820.00 making the amount not to exceed per year$106,600(0.50 FTE bio-day rate of$820;rate includes indirect costs of 22%) 2.3 Remaining Provisions. Except as specifically amended by this Amendment, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS,the parties have executed this Amendment,which shall become effective on the last date executed below. UNITED STATES FISH CITY OF KENT: AND WILDLIFE SERVICE: AMENDMENT TO INTERAGENCY AGREEMENT FOR CLARK SPRINGS HABITAT CONSERVATION PLAN- I 7 By: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date: AMENDMENT AND RATIFICATION OF PUBLIC WORKS AGREEMENT-2 (btivn.City ojKent andPunipTec$Inc.) 8 Interagency Agreement For USFWS to Provide An Augmented Level of Assistance to the City of Kent for the Clark Springs Habitat . - Consel�ation 1131all. . i1LI T nvi JC T i`ON AND BACKG�ROUN1D This agreement is entered between the City of Kent Public Works Department,("the City") and the United States Department of the Interior,through the U.S Fish and Wildlife Service("the Service"),for the Service to provide an augmented level of assistance to the City regarding the City's proposed Habitat Conservation Plan for the City's Clark Springs operation and for the anticipated Section 7 consultation for the continued use of operations at Clarks Springs to provide municipal water supply to customers within the City's Service area. The City provides municipal water service to approximately 57,000 citizens. The City's Clark Springs system is the City's largest and primary source of water providing up to 60 percent of the City's water depending on the time of year. Clark Springs is a protected .300 acre facility located east of Maple Valley along Kent Kangley Road. The facility is comprised of three wells and an infiltration gallery. The City primarily uses the infiltration gallery and uses the three wells as needed. WHEREAS,the City provides municipal water supply to over 57,000 customers and WHEREAS,the City wishes to ensure that the City's water service are executed in a manner consistent with the Endangered Species Act,as well as the federal Clean Water Act,and the Washington State Growth Management Act,among other legal requirements; and WHEREAS,section 10(a)(1)(B)of the Endangered Species Act authorizes the Service to evaluate and approve habitat conservation plans and issue incidental take permits,and the Service regularly provides technical assistance regarding habitat conservation plans to applicants seeking incidental take pernuts;and WHEREAS,an incidental take permit will provide the City with assurances that the. City's services are consistent with the Endangered Species Act,and a habitat conservation plan will contribute to the conservation of listed species and the ecosystems upon which they depend;and WHEREAS,the City wishes to draft and execute a habitat conservation plan in order to receive an incidental take permit and to accomplish the purposes described above in a timely manner,for the benefit of the City, its clients,and the public,and WHEREAS,section 7(a)(2)of the ESA instructs federal agencies to consult with the Service to ensure that their actions do not jeopardize listed species or adversely modify or destroy designated critical habitat,and the Service may issue incidental take statements to such agencies in the event that a proposed federal action may result in take but will not violate ESA section 7;and Page 1 of 7. 9 Interagency Agreement For USFWS to Provide an Augmented Level of Assistance on to the City of Kent for the Clark Springs Habitat Conservation Plan WHEREAS,the City anticipates that an efficient ESA.section 7 consultation will be required for the City to timely receive certain federal peimits needed to continue to operate the existing Clark Springs Facility;and WHEREAS,the City wishes to receive an augmented level of assistance from the Service regarding its proposed Clark Springs HCP and the preparation of the associated environmental documents,and the Service wishes to provide an augmented level of assistance pursuant to its authority under the Endangered Species Act as amended(16 USC 1531 et seq.)and the intergo:'ernirnenta.,l Act of 1968(31 USC 6505). NOW THEREFORE,the City and the Service mutually agree as follows: . I. PURPOSE The purpose of this Agreement is for the Service to provide the City with an augmented level of assistance as described in the attached scope of work,which is hereby incorporated by reference in this agreement,during the development and review of the City's proposed Clark Springs HCP and associated environmental documents H. PROJECT MANAGEMENT . The project will be managed by: Tim Romanksi(or an alternate employee selected by the Service) USFWS Conservation and Hydropower Planning Division 510 Desmond Drive SE Lacey, WA 98503 Tim_Romanski@rl.fws.gov 360-753-5823 William Wolinski,P.E. (or an alternate employee selected by the City) Environmental Engineering Manager City of Kent Public Works Dept. 400 West Gowe Kent,WA 98390 B Wolinski@ci.kent.wa.us 253-856-5549 I1L RESPONSIBILITIES. The Service and the City agree to the following responsibilities: A. The Service shall: Page 2 of 7 10 Interagency Agreement For USFWS to Provide an Augmented Level of Assistance on to the City of Kent for the Clark Springs Habitat Conservation Plan I. Provide a staff member to assist the City,as needed,provide technical assistance in the development of the City's Clark Springs Water Supply HCP and associated environmental documents as outlined in the attached Scope of Work; 2. Adhere to due dates and timeframes as established in conjunction with the City; and 3. Prepare and provide reports accounting for the staff member's work as outlined in the attached Scope of Work. B. The City shall: 1. Timely reimburse the Service for the expense of providing a dedicated Service staff member to provide an augmented level of assistance to the City,as outlined in the attached Scope of Work. 2. Review summary reports and provide feedback on the Service staff member's performance if the City deems that such feedback would be useful to the City,the Service staff member or to the Service's manager of this project. IV. COSTS The parties agree to the following terms and conditions regarding costs: 1. City of Kent shall reimburse the Service in an amount not to exceed $95,550 per year(0.50 FTE @ bio-day rate of$735;rate includes indirect costs of 22%). 2. The Service shall pay for all costs or expenses incurred pursuant to this Agreement in excess of the amount contributed by the City. 3 Any mutually agreed upon revisions to the cost arrangements described above will be accomplished via a written amendment to this Agreement. V. BILLING AND PAYMENT The City and the Service agree to the following terms and conditions regarding billing and payment:Advance payment as described in RCW Ch.39.34 and in federal regulations is permitted but not required. Reference to RCW Ch.39.34 is for convenience only and shall not be construed to render this Agreement subject to that statute. A. An advance payment for work in the amount of$25,000 will be made prior to the initiation of the Scope of Work upon signature of this Cooperative Agreement to provide a working budget for USFWS staff. Page 3 of 7 11 Interagency Agreement For USFWS to Provide an Augmented Level of Assistance on to the City of Kent for the Clark Springs Habitat Conservation Plan B. Additional payments will be made on a monthly basis or as needed to cover cost of the work effort as projected in the Scope of Work and as modified by progress reports sent to: Attu:William Wolinski,P.E. Env;_ro--nnental-Engineering Manager City of Kent Public Works Dept. 400 West Gowe Kent,WA 98390 Payments will be made in a thmely manner.n order to asset, funding 1S in place to continue staff assistance to the City of Kent according to the Scope of Work. C. USFWS will submit progress reports with expenditure data with each request for phased,advance payment to William Wolinski(at the addresses noted in subsection B) through completion of the project. Payment requests shall be subject to approval by the City. Progress reports and request for payments prepared by USFWS will reference the City's Interagency Agreement number(s)HCP-USFW-04-01,Federal ID#91-6001254, and DUNS#020253613 D. Upon completion of the project,if there are any remaining funds in excess of actual direct and indirect project expenditures,those excess funds will be receded to the City. E.The City will direct payments,noting the USFWS project number 9g. to: Attn:Darla Smith,Division of Budget and Finance U.S.Fish and Wildlife Service 911 NE I Ith Avenue,5a'Floor West Portland,Oregon 97232-4181 (503)736-4759 e-mail: darla smifte rl.fws_yov Vl. DURATION,TERMINATION,AND AMENDMENT The City and the Service agree to the following terms and conditions regarding duration, termination,and amendment of this Agreement: A. This Agreement is effective upon signature by both the City and the Service and shall remain in effect until December 31,2006,on which date this Agreement shall terminate of its own force;PROVIDED,that this Agreement is approved, the Service shall receive reimbursement for services provided pursuant to this Agreement as of November 15,2004;and PROVIDED,that funding or any other, obligation under this Agreement beyond the current appropriation year(January 1 through December 31)is conditioned upon.the Kent City Council's appropriation of sufficient funds to support the activities described in this Agreement and in the Scope of Work. If the Council does not appropriate sufficient funds for those purposes,then this Agreement will terminate automatically at the end of the current appropriation year. B. This Agreement may be terminated for convenience by either the City or the Service upon thirty(30)days'written notice. Page 4 of 7 12 Interagency Agreement For USFWS to Provide an Augmented Level of Assistance on to the City of Kent for the Clark Springs Habitat Conservation Plan C. If this Agreement is terminated prior to December 31,2006,as provided in A or B above, then the City will be liable only to pay the Service for work that is . perfomled prior to the effective date of termination and in accordance with the. terms of this Agreement D. The City and the Service mutually may agree to extend this Agreement beyond... December 31,2006,PRQVIDED that any such extet►stou,s contingent upon Lte Kent City Council's appropriation of sufficient funds to support the activities. described in this Agreement and the Scope of Work. E. The terns of this Agreement,including those governing cost arrangements,may be amended,altered,clarified,or extended oruy by tl:e mutual..:Men agreement of the City of Kent and the Service. VII. ASSIGNMENT This Agreement shall not be assigned in whole or in part. VIII. INTEGRATION This Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. IX. TIME The City and the Service acknowledge that time is of the essence in the performance of the provisions of this Agreement. X. WAIVER Waiver of any default shall not be deemed to be waiver of any subsequent default Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the City and the Service. Any such written approval shall be attached to the original Agreement. XI. INDEMNIFICATION AND HOLD HARMLESS The City and the Service("the Parties")agree to the following terms and conditions: To the extent permitted by law,and for the limited purposes set forth in this Agreement, each Party shall protect,defend,indemnify, and hold harmless the other Party,its officers,officials,employees,and agents,while acting within the scope of their employment as such,from any and all costs,claims,judgments,or awards of damages arising out of or in any way resulting from each Party's own negligent acts or omissions under this Agreement. Each Party agrees that its obligations under this paragraph extend to any and all claims,demands,or causes of action,brought by,or on behalf of,any of its employees or agents. For this purpose,each Party,by mutual negotiation,hereby waives, Page 5 of 7. . Interagency Agreement For USFWS to Provide an Augmented Level of Assistance on to the City of Kent..- 13 for the Clark Springs Habitat Conservation Plan with respect to the other Party only,any immunity that would otherwise be available against such daims under the Industrial Insurance provisions of Title 51 RCW. In the event that either Party incurs any judgment,award,or cost arising therefrom,including attorneys' fees,to enforce the provisions of this paragraph,all such fees,expenses,and costs shall be recoverable"I-- the ctl�er Party to the extent of that Party's culpability. The provisions of this paragraph shall survive and contirme to be applicable in the event either Party exercises the right of termination pursuant to Section VI. XII. NO THIRD PARTY BENEFICIARMS This Agreement does not confer on any third party any rights or benefits,or fo,-m the basis for any liabiEty on the part of either the City or the Service,or their officers, elected officials, agents and employees,to any third party. Nor does it reduce,create,supplant, preempt or supersede the legal authority or role of the City,the Service,or any other municipality,agency,entity,or person. XIII. DISPUTE MANAGEMENT In the event that a dispute arises under this Agreement,it shall be resolved by a Dispute Board composed of one member appointed by the Service and one member appointed by the City. If the Dispute Board reaches a unanimous determination regarding the dispute, then such determination shall be final and binding on both the Service and the City. If the Dispute Board is unable to reach a unanimous determination,then the Service and the City shall have full recourse to.all other remedies or causes of action afforded by law, including but not limited to termination of this Agreement. XIV. CHOICE OF LAW Washington State law shall govern this Agreement unless there is a conflict with Federal law,whereas Federal law will govern. XV. JURISDICTION AND VENUE The City and the Service agree that King County Superior Court shall have jurisdiction of,and be the proper venue in which to bring,any litigation or other legal action regarding the rights and duties established in this Agreement. XVI. COUNTERPARTS This Agreement may be executed in counterparts. IN WITNESS WHEREOF,the City and the Service have executed this Agreement on this day of 1200_. Page 6 of 7 14 Interagency Agreement For USF vide an Augmented Level of Assistance onto the City of Kent for the Clark Springs Habitat Cons an Approved as to Form: City of Kent: By: �7 By: f f Title: t � Title: Approved as to Form: U.S.Fish and Wildlife Senjice: By: By: Title: Title: Page 7 of 7 15 Scope of Work—City of Kent HCP . .. Introduction This Scope of work has been prepared for the City of Kent Public Works Department, ("the City")and the United States Department of the interior,through the U.S Fish and Wildlife Service("the Service");for the Service to provide an augmented level of assistance to the City regarding the City's proposed Habitat Conservation Plan for the City of Kent Clark Springs operation and the preparation of the associated documents for the continued use of operations at Clarks Springs to provide municipal water supply 1. customers within the City's Service area The City of Kent provides municipal water service to approximately 57,000 citizens. The City's Clark Springs system is the City's Iargest and primary source of water providing up to 60 percent of the City's water depending on the time of year. Clark Springs is a protected 300 acre facility located east of Maple Valley along Kent Kangley Road. The facility is comprised of three wells and an infiltration gallery. The City primarily uses the infiltration gallery and rarely uses the three wells. Tasks- To complete the HCP and the associated environmental documents in a timely manner . the Service proposes the following tasks. Task 1 -Coordinate and assist City of Kent through the habitat conservation planning process. Task 2-Develop and negotiate with City of Kent habitat prescriptions and conservation -measures for listed species and other fish and wildlife species,especially within the context of stream and riparian ecology. Effectively work with City of Kent and their consultants to resolve biological issues between their water supply practices and species conservation needs. Task 3-Provide technical expertise on threatened and endangered species protections relative to their impacts of water supply management on Rock Creek and Cedar River systems. And perform necessary field work and attend on-site visits and meetings with City of Kent and their consultants. Task 4-Review drafts of their habitat conservation plan for acceptance by the Service and prepare appropriate Section 10 permit documents. Task 5-Prepare,review,and/or coordinate the National Environmental Policy Act (NEPA)documentation for the City of Kent's HCP effort. Task 6-Coordinate with the Department of the Interior Solicitor's office in association with development of the City of Kent's HCP,Implementation Agreement,and ate. other Section 10 permit decision documents,as appropri 16 Task 7-Coordinate with and maintain a close working relationship with State agencies, affected Tribes,Federal agencies,enviromnental organizations,and the general public,where appropriate to facilitate the development of City of Kent's HCP. Duration All work shall be completed by December 31,2006. Costs The cost of the contract shall not exceed$95,550 based on(0.5 FTE @ bio-day rate of $735;rate includes indirect costs of 22%). The Service shall pay for all costs or expenses incurred in excess of the a nownt contributed by the City. Any rnutually agreed upon revisions to the cost arrangements described above.will be accomplished via an amendment to the contract. 17 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 140 • KEN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 6, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 6, 2006 From: Tim LaPorte, Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Modified Consent to Construct Agreement with Midway Sewer District ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend the Council authorize the Mayor to sign the Modified Consent to Construct Agreement between the City of Kent and the Midway Sewer District upon concurrence of the language therein by the City Attorney and the Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOPS ■ Other Governing Policies Procedures Rules & Regulations: Background/History: Construction of the Pacific Highway South HOV Improvements necessitated the acquisition of additional right of way for the underground installation of underground power vaults. some of the additional right-of-way is subject to existing sanitary sewer line easements owned by the Midway Sewer District, which include restrictions on placing structures within the easement area. In order to install the underground power vaults, an Amended Utility Easement Agreement was prepared, for signature by both parties, amending the easement restrictions and establishing appropriate protections and conditions for access to the District's sanitary sewer lines. Summary: The Public Works Department requests approval by the Council to authorize the Mayor to sign the agreement. Recommendations: Recommend Council authorize the Mayor to sign the Modified Consent to Construct Agreement between the City of Kent and the Midway Sewer District, upon concurrence of the language therein by the City Attorney and Public Works Director. P:IP.blkL4dminSupl PWCommitreeUc/im,Pagedc c 18 AFTER RECORDING, RETURN TO: Property Management City of Kent 220 4th Avenue South Kent, WA 98032 Reference Numbers of Related Documents: King County Recording Nos. 8710160427; 8709290995; 8708130553; 8005010707; 8904130651; 8805101218; 8904280824; 7607150682; 7904031033; 7312140326 Grantor: City of Kent Grantee: Midway Sewer District Abbreviated Legal Descriptions: PTN of S 1/2 of NE 1/4 of NE 1/4 of Section 21; PTN of Lots 9 & 10, Block 18, Interurban Heights 4"' Section, Plat Vol. 17, pg. 86, Section 21; PTN of Parcel B, Kent LLA LL-99-15; PTN of NE corner of W 1/2 of NE 1/4 of Section 21; PTN of Lots 14, 15 &20, Block 20, Interurban Heights 3rd Section, Plat Vol. 17, pg. 87; PTN of Lot 1, Kent Short Plat SP- 92-15; PTN of NW 1/4 of SE 1/4 of Section 21, PTN of Lot 2, Kent Short Plat SPC 75-14; PTN of Lot 2, Kent Short Plat SP2000-20; PTN of NW 1/4 of NE 1/4 of Section 28; all located in T22N, R4E, W.M., King County. Additional Legal Descriptions on pages Exhibits A-3 of Document. Assessor's Tax Parcel ID Nos. 212204-9046; 212204-9106, 212204-9006; 360180-0101; 360180-0115; 212204-9015; 212204-9052; 212204-9044; 212204-9193; 282204-9088 Project Name: Pacific Highway/SR99 RW No. 96-3005.1 AMENDED UTILITY EASEMENT THIS INSTRUMENT is by and between the City of Kent, a Washington municipal corporation, ("Kent'D and the Midway Sewer District, ("Midway'). RECITALS AMENDED EASEMENT MIDWAY Pacific Highway/SR99 RW No.96-3005.1 -Page 1 of 3 99 1. Midway is the Grantee of various perpetual rights-of-way or easements for sewer mains on various parcels of real property in King County, Washington, all of which include a restriction that the Grantor shall not erect buildings or structures on the easement area, which restriction is binding on successors. 2. Kent has acquired small portions of certain parcels of real property in relation to its Pacific Highway/SR99 HOV Lanes Improvements Project ("Project"), which are subject to Midway's easements for sewer mains and therefore, Kent, as the Successor Grantor, is subject to the easement restrictions on erecting structures in the easement area. 3. Midway and Kent desire to amend the relevant easements to the extent they apply to Kent's properties for the Project to remove the restriction on erecting structures in the easement areas and allow Kent or its designees to construct structures in the easement area under certain conditions. In consideration of the mutual promises contained herein, the parties agree as follows: 1. Amended Easements. Kent has acquired small portions of certain parcels of real property, the legal descriptions of which are attached and incorporated as Exhibits A-7, and which are subject to the following Midway Sewer District easements: King County Recording Nos. 8710160427; 8709290995; 8708130553; 8005010707; 8904130651; 8805101218; 8904280824; 7607150682; 7904031033; 7312140326 ("Easements'), respectively. 2. Consent to Construct. Midway agrees to amend the Easements described above to the extent they apply to Kent's properties described above ("Amended Easement Areas') to remove the restriction on constructing structures within the Amended Easement Areas. Midway will permit Kent or its designees to construct structures within the Amended Easement Areas provided that Kent agrees to the conditions contained herein. 3. Scope of Kent's Obligations. Kent's obligations under this Amended Easement will extend to all structures constructed by Kent or its designees within the Amended Easement Areas. 4. Construction Plan Review. Prior to constructing any structure in the Amended Easement Areas, Kent will submit construction plans to Midway. Midway will have thirty (30) days to review and comment on the plans, unless extended by mutual agreement by the parties. 5. Construction of Structures. Kent, or its designees, will be responsible for the construction and maintenance of all structures constructed in the Amended Easement Areas whether constructed by Kent or third parties. The construction, operation and maintenance of the structures may not damage or interfere with Midway's sewer lines and appurtenances. 6. Removal of Structures. If Midway reasonably determines that the total or partial removal of a structure is required in order to install, maintain, improve, repair, reconstruct or replace sewer lines and appurtenances within the Amended Easement Areas, it will notify Kent in writing and Kent, or its designees, will, in a timely manner and at Kent's sole expense, remove the structure or a portion thereof. In the event of an emergency requiring immediate action to protect public health and safety, AMENDED EASEMENT MIDWAY Pacific Highway/SR99 RW No.96-3005.I -Page 2 of 3 20 Midway's operations or property, Midway may remove all or a portion of a structure. As soon as practicable after the removal, Midway will provide written notice to Kent that it removed a structure and include an invoice for the costs. Kent will promptly reimburse Midway for all reasonable removal costs incurred by Midway. 7. Hold Harmless. Kent will indemnify and hold Midway harmless for any expenses, liabilities or costs of correction that Midway may incur as a result of any damage to, or interference with, its facilities caused by Kent or its designees in exercising Kent's rights and obligations under this Agreement. This Amended Easement shall be a covenant running with the land forever and shall be binding on the parties'successors, heirs, and assigns. DATED this day of , 200_. CITY OF KENT MIDWAY SEWER DISTRICT By: Commissioner By: Commissioner By: Commissioner APPROVED AS TO FORM: Kent Law Department (Notary Acknowledgment on Next Page) AMENDED EASEMENT MIDWAY Pacific Highway/SR99 RW No.96-3005.1-Page 3 of 3 21 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200_t before me a Notary Public in and for the State of Washington, personally appeared and to me known to be the and of , a corporation that executed the foregoing instrument, and acknowledged it to be the 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. Afota7 Seal Must Appear Whitin 77tis 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 AMENDED EASEMENT MIDWAY Pacific Highway/SR99 RW No.96 3005.1 -Page 4 of 3 22 EXHIBIT"A" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 OF THE SOUTH 2O.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH; RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, LYING EAST OF THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (FORMERLY STATE ROAD No 1) 100.00 FEET IN WIDTH CONTAINING 240 SQUARE FEET, MORE OR LESS 23 EXHIBIT"B" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 FEET OF THE SOUTH 2O.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THAT PORTION OF LOTS 9 AND 10, BLOCK 18, INTERURBAN HEIGHTS FOURTH SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 86, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (FORMERLY STATE ROAD No.l) 100.00 FEET IN WIDTH, AND NORTH OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON CONTAINING 240 SQUARE FEET,MORE OR LESS. 24 EXHIBIT"C" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 FEET OF NORTH 2O.00 FEET OF THE SOUTH 66.74 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF PARCEL "B", CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-97-1.5, RECORDED UNDER RECORDING NUMBER 9709181235, IN KING COUNTY, WASHINGTON CONTAINING 240 SQUARE FEET, MORE OR LESS 25 EXHIBIT"D" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 18.00 FEET OF THE NORTH 15.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THAT PORTION OF VACATED YUKON AVENUE, INTERURBAN HEIGHTS THIRD SECTION, RECORDED IN VOLUME 17 OF PLATS, PAGE 87, IN KING COUNTY WASHINGTON, LYING EASTERLY OF THE EASTERLY MARGIN OF PACIFICC HIGHWAY SOUTH(FORMERLY STATE ROAD No. 1), 100.00 FEET IN WIDTH, AND SOUTH OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. IN KING COUNTY,WASHINGTON; THENCE SOUTH 01007'17" WEST, ALONG THE EAST LINE THEREOF, A DISTANCE OF 2224.58 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88042'30" WEST A DISTANCE OF 124.59 FEET TO SAID EASTERLY MARGIN AND THE TERMINUS OF SAID DESCRIBED LINE. CONTAINING 270 SQUARE FEET,MORE OR LESS. 26 EXHIBIT"E" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 FEET OF THE NORTH 2O.00 FEET OF THE SOUTH 37.01 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THE FOLLOWING DESCRIBED PARCEL; THAT PORTION OF LOT 20, BLOCK 20, INTERURBAN HEIGHTS THIRD SECTION, .ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 87, IN KING COUNTY, WASHINGTON, LYING EASTERLYOF THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (FORMERLY STATE ROAD No. 1) 100.00 FEET IN WIDTH; TOGETHER WITH THAT PORTION OF SOUTH 248TH STREET ADJOINING, VACATED BY CITY OF KENT ORDINANCE No. 1024. AND THAT PORTION OF LOTS 14 AND 15, BLOCK 20, INTERURBAN HEIGHTS THIRD SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 87, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHLINE OF LOT 12, SAID BLOCK 20, WITH THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH(FORMERLY STATE ROAD No. 1) 100.00 FEET IN WIDTH; THENCE SOUTHWESTERLY ALONG A CURVE HAVING A RADIUS OF 5780.00 FEET AND ALONG SAID EASTERLY MARGIN, AN ARC DISTANCE OF 76.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY MARGIN,AND ARC DISTANCE OF 23.20 FEET; THENCE SOUTHEASTERLY, RADIAL TO SAID EASTERLY MARGIN, A, DISTANCE OF 14.00 FEET THENCE NORTHEASTERLY, CONCENTRIC WITH SAID EASTERLY MARGIN TO A POINT WHICH IS RADIAL FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY, RADIAL TO SAID EASTERLY MARGIN, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 565 SQUARE FEET,MORE OR LESS. 27 EXHIBIT "F" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 FEET OF THE NORTH 2O.00 FEET OF THE SOUTH 48.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF LOT 1, CITY OF KENT SHORT PLAT NUMBER SP-92-15, RECORDED UNDER RECORDING NUMBER 9303300767, IN KING COUNTY,WASHINGTON CONTAINING 240 SQUARE FEET,MORE OR LESS 28 EXHIBIT"G" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 10.00 FEET OF THE SOUTH 10.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THAT PORTION OF THE NORTH 125.00 FEET OF THE SOUTH 625.00 FEET OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (FORMERLY STATE ROAD No 1.) 100.00 FEET IN WIDTH. CONTAINING 100 SQUARE FEETMORE OR LESS 29 EXHIBIT"H" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 15.00 FEET OF THE SOUTH 25.00 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF LOT 2, CITY OF KENT SHORT PLAT NUMBER SPC 75-14, RECORDED UNDER RECORDING NUMBER 7512030325,KING COUNTY,WASHINGTON CONTAINING 375 SQUARE FEET,MORE OR LESS 30 EXHIBIT"I" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 16.00 FEET OF THE NORTH 2O.00 FEET (AS MEASURED ALONG THE WESTERLY LINE OF LOT 2, CITY OF KENT SHORT PLAT NUMBER SP2000-20, RECORDED UNDER RECORDING NUMBER 20010815900001,IN KING COUNTY,WASHINGTON. CONTAINING 320 SQUARE FEET,MORE OR LESS 31 EXHIBIT"J" RIGHT OF WAY LEGAL DESCRIPTION THE WESTERLY 12.00 FEET OF THE SOUTH 2O.00 FEET OF THE NORTH 106.99 FEET (AS MEASURED ALONG THE WESTERLY LINE) OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W M. IN KING COUTNY, WASHINGTON, LYING EASTERLY OF THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH, (FORMERLY STATE ROAD NO 1) 100.00 FEET IN WIDTH, AND LYING SOUTH OF THE NORTH 325.00 FEET OF SAID NORTHWEST QUARTER. CONTAINING 240 SQUARE FEET MORE OR LESS 32 This page intentionally left blank. 33 PUBLIC WORKS DEPARTMENT 1400 Larry R. Blanchard, Public Works Director KEN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 1, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 06,2006 From: Larry Blanchard, Public Works Director Subject: 271 Street SE Neighborhood Traffic Control Program RE: Installation of Temporary Speed Humps ITEM 5 Motion: ■ Required ❑ Not Required ❑ For Information Only Public Works Committee rescinds its motion of August 21st, 2006 regarding installation of temporary speed humps on SE 271st Street and request Public Works install 4 speed humps of an appropriate design that would allow for potential removal if after a trial period a majority of the residents on 271st Street request them to be removed. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOPS ■ Other Governing Policies Procedures Rules & Regulations: Manual on Uniform Traffic Control Devices (MUTCD) Neighborhood Traffic Control Program, Resolution 1546 Background/History: At the August 21st, 2006 Public Works Committee (PWC) meeting, the Committee directed staff to conduct a speed study for seven (7) consecutive days and to install temporary speed humps on 2715t Street SE. Summary: The traffic studies (minimum seven (7) day duration) have been completed on 271st Street SE and a summary report has been forwarded to the Committee members. However, while investigating the use of temporary speed humps finding a suitable product for temporary installation became quite difficult. There are very few products currently offered. Most of the brands we investigated required numerous mounting bolts, in some cases as many as 360 per installation, and were very expensive. Four speed humps would cost over $26,000 not including installation. U:WM—ilteUcdonftgedoc 1 34 Public Works staff estimates the cost of materials and labor to install four permanent speed humps would be approximately $7,000. Therefore the permanent speed humps are easier to install and less - costly. It would be possible to remove the permanent speed humps and restore the roadway pavement,, should that be the determination following a trial period. Even with the cost of restoration ($2,000) the permanent speed hump is the least cost option to installing temporary speed humps. Public Works staff determined preliminary locations for installation of speed humps and sent letters to all the residences that must access SE 271s' Street soliciting input as to potential installation of speed humps. Only one response was returned to Public Works, indicating opposition to speed humps anywhere along SE 2715t Street. Recommendations: . The Public Works Department recommends that instead of staff installing temporary speed.humps on 2715t Street SE that the Committee authorize the installation of permanent asphalt-concrete speed humps @ the locations agreed to by the residents of this neighborhood. 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