HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/16/2010Public Works Committee Agenda
Councilmembers: Ron Harmon♦Dennis Higgins♦Debbie Raplee, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 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.
August 16, 2010
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Minutes Dated August 2, 2010 YES None 03 03
2. Northwest Hydraulic Consultants Inc/Hawley
Road Levee Improvements
YES
Kelly Casteel
05
07
3. Puget Sound Energy (PSE)/South Crow Street
Asphalt Overlay
YES
Mark Howlett
05
21
4. Local Improvement District (LID) 362: Set
Hearing Date for Confirmation of Final
Assessment Roll
YES
Chad Bieren
05
29
5. Consultant Agreement with Jones & Stokes
Associates Inc/S 224th Street Project
YES
Garrett Inouye
05
37
6. 2010 Citywide Large Culvert Pipe
Cleaning/Interlocal Agreement with Drainage
District No. 1 of King County
YES
Mike Mactutis
03
55
7. Cancel Public Works Committee Meeting of
September 6, 2010 Due to Labor Day
YES
Tim LaPorte
03
61
8. Special Public Works Committee Meeting – Set
Date: September 13, 2010 @ 4:00 p.m.
YES
Tim LaPorte
03
65
9. Information Only/National Pollutant Discharge
Elimination System (NPDES) and Stormwater
Maintenance - Update
NO
Shawn Gilbertson
/Greg Reed
25
67
10. Information Only/Transportation Benefit District NO Tim LaPorte 10 69
1
This page intentionally left blank.
2
PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and member Ron Harmon was present. Committee member
Dennis Higgins was absent. The meeting was called to order at 4:03 p.m.
Committee Chair Raplee noted that she had Higgins’ concurrence on all action items.
ITEM 1 – Approval of Minutes Dated July 19, 2010:
Committee Member Harmon moved to approve the minutes of July 19, 2010. The
motion was seconded by Raplee and passed 3-0, with Higgins concurrence.
ITEM 2 – King Conservation District Grant Agreement/EarthCorps Services:
Chad Bieren, City Engineer introduced Parks Director, Jeff Watling who was present at the
meeting because the Parks Committee meeting had been canceled for August and Watling had a
grant agreement that needed to move forward. Watling explained that staff had applied for and
received a $20,670.00 grant from the King Conservation District to partner with EarthCorps,
which has the expertise to manage restoration efforts safely along steep slopes. Crews will work
at Earthworks Park and at Lake Fenwick Park removing the encroaching ivy.
Harmon moved to recommend Council authorize the Mayor to sign the $20,670.00
grant from the King Conservation District and authorize the expenditure of funds in the
Green Kent Budget. The motion was seconded by Raplee and passed 3-0, with Higgins’
concurrence.
Item 3 – Contract Change Order Fehr & Peers:
City Engineer, Chad Bieren explained why staff is back with a change order for Fehr and Peers,
Inc., stating that Council had asked staff to continue to investigate various funding methods for
both future capital projects and for preservation and maintenance of the City’s existing
transportation infrastructure, most recently the potential for a transportation benefit district
(TBD).
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. 1 to
the consultant Services Agreement between the City of Kent and Fehr & Peers, Inc. in
an amount not to exceed $8,000 for analyzing funding options for transportation
infrastructure in the City of Kent, upon concurrence of the language therein by the City
Attorney and the Public Works Director. The motion was seconded by Raplee and
passed 3-0, with Higgins’ concurrence.
ITEM 4 – Transportation Impact Fee Ordinance (TIF) Amendment:
City Engineer, Chad Bieren talked about the city’s new transportation impact fee ordinance that
was adopted July 6, 2010 and as a result of implementation meetings that the need for minor
amendments has come to light.
Bieren stated that the primary change is the elimination of the provision requiring deposits from
non-residential permit applicants. The other substantive change is to identify the applicable fee
for residential deferral liens and appeals. This is the same fee that is charged by the city for the
deferral of other fees. The remainder of the ordinance amendments are clerical or housekeeping
in nature for purposes of clarity.
Harmon moved to recommend Council adopt amendments to Kent City Code chapter
12.14 regarding transportation impact fees. The motion was seconded by Raplee
and passed 3-0, with Higgins’ concurrence.
Harmon moved to recommend Council adopt the Resolution superseding Resolution No
1828 regarding fees for review and recording of fee deferral liens. The motion was
seconded by Raplee and passed 3-0, with Higgins’ concurrence.
3
PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
ITEM 5 – Contract Amendment-Thompson Smitch Consulting Group, Inc/Clark Springs
Habitat Conservation Plan:
Environmental Conservation Supervisor, Kelly Peterson noted that this project has to do with the
Clark Springs Habitat Conservation Plan (HCP) and that the consultant needs to do additional
work to complete the HCP.
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. 4 to
the consultant services agreement between the City of Kent and Thompson Smitch
Consulting Group, in an amount not to exceed $50,000, for professional services for the
development and approval of the Clark Springs Water Supply System Habitat
Conservation Plan, upon concurrence of the language therein by the City Attorney and
the Public Works Director. The motion was seconded by Raplee and passed 3-0, with
Higgins’ concurrence.
ITEM 6 – Consultant Services Agreement – GeoEngineers Inc/Hawley Road Levee
Improvements:
Kelly Casteel, Design Engineering Supervisor stated that we are about to break ground on the
Foster Park Levee project. Casteel noted that the next section of levee to be replaced will be the
Hawley Road Levee. Casteel presented an overhead map of the Hawley Road area showing what
the alignment would look like. Chad Bieren, City Engineer noted that only about a half a dozen
firms in the state are able to certify the levees. Harmon asked if the levees will be certified
individually. Bieren said they would be. Once a section was certified the information would be
sent to the Federal Emergency Management Agency (FEMA).
Harmon moved to recommend Council authorize the Mayor to sign a Consultant
Services Agreement between the City of Kent and GeoEngineers, Inc., in an amount not
to exceed $55,285.00, for the purpose of conducting subsurface explorations,
laboratory testing and certification report for the Hawley Road Levee Improvements,
upon concurrence of the language therein by the City Attorney and the Public Works
Director. The motion was seconded by Raplee and passed 3-0, with Higgins’
concurrence.
ITEM 7 – Contract Amendment No. 1 – GeoEngineers/Horseshoe Bend Levee
Improvements Project:
Mark Madfai, Design Engineering Supervisor stated that the City’s Foster Park Levee is located
between State Route 167 and the Union Pacific Railroad. He went on to explain that this project
will reconstruct the levee to certifiable standards and is important for managing the City’s flood
protection. Work is expected to start in two weeks. Stormwater drainage utility funds will be
used to pay for this consultant services agreement.
Harmon move to recommend Council authorize the Mayor to sign Amendment No. 1 to
the consultant services agreement between the City of Kent and GeoEngineers, Inc., in
an amount not to exceed $34,500, for the Horseshoe Bend Levee Improvements
Project, upon concurrence of the language therein by the City Attorney and the Public
Works Director. The motion was seconded by Raplee and passed 3-0, with Higgins’
concurrence.
ITEM 8 – Consultant Agreement-Jason Engineering & Consultant Business Inc/640
Zone Reservoir & Blue Boy Reservoir Seismic Retrofit:
City Engineer, Chad Bieren stated that the 640 Zone Reservoir is located in the vicinity of 124th
Ave SE and SE 248th Street. He stated that construction of these projects will involve highly
specialized materials, welding and coating inspection in addition to soils and other construction
materials testing that is beyond the expertise of City staff. Harmon asked what the reference to
Blue Boy is. Bieren stated that Blue Boy is the last of the tanks that need to be seismically
retrofitted and that staff chose one contultant with the expertise that is needed. Brad Lake,
4
PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
Water Superintendent said that Blue Boy would be down for approximately 45 days and that
customers shouldn’t notice a difference.
Harmon moved to recommend Council authorize the Mayor to sign a Consultant
Services Agreement between the City of Kent and Jason Engineering and Consultant
Business Inc., in an amount not to exceed $189,330 to provide material testing and
inspection services related to the 640 Zone Reservoir & Blue Boy Reservoir Seismic
Retrofit Projects, upon concurrence of the language therein by the City Attorney and
the Public Works Director. The motion was seconded by Raplee and passed 3-0, with
Higgins’ concurrence.
Item 9 – Consultant Contract Amendment-Gray & Osborne Inc/640 Zone Water
Reservoir Project:
City Engineer, Chad Bieren stated that Public Works Engineering contract with Gray & Osborne
Inc for the design of the 640 Zone Water Reservoir which is located at 124th Ave SE and 248th
Street and will provide increased water pressure in the area. Gray & Osborne, Inc. will need to
be involved in support of the construction contract and provide additional engineering services
related to the reservoir. Bieren stated that the total 640 Pressure Zone project will cost more
than $20 million. Funds for the project will be spent out of the water funds.
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. 1 to
the Consultant Services Agreement between the City of Kent and Gray & Osborne, Inc.,
in an amount not to exceed $82,500 for the purpose of providing construction support
and additional design engineering services for the 640 Zone Water Reservoir
Construction Project, upon concurrence of the language therein by the City Attorney
and the Public Works Director. The motion was seconded by Raplee and passed 3-0,
with Higgins’ concurrence.
Item 10 – Information Only/Back Bill for Streetlights:
City Engineer, Chad Bieren explained that through an audit of streetlights earlier this year,
INTOLIGHT (Puget Sound Energy’s streetlighting subsidiary) discovered a total of 59 City -owned
streetlights that had not been included in the City of Kent inventory. PSE is able to recover up to
36 months of lost revenue from the billing error. Bieren noted staff is still investigating the new
Panther Lake Annexation area; they have about five different ways lights are paid for.
No Motion Required/Information Only
ITEM 11 – Information Only/Guiberson Reservoir:
Brad Lake, Water Superintendent gave an informative PowerPoint presentation explaining the
work that is needed to be done on the Guiberson Reservoir which is located on Kent’s Scenic Hill.
No Motion Required/Information Only
Adjourned:
The meeting was adjourned at 4:59 p.m.
Cheryl Viseth, Public Works Secretary
5
This page intentionally left blank.
6
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 4, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Kelly Casteel, P.E., Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Consultant Services Agreement - Northwest Hydraulic
Consultants Inc. /Hawley Road Levee Improvements
Summary:
The City’s Hawley Road Levee is located between State Route 167 and Washington
Avenue. This project will reconstruct the levee to certifiable standards and is
important for managing the City’s flood protection.
Northwest Hydraulic Consultants services include modeling the proposed Hawley Road
levee certification to support a Conditional Letter of Map Revision (CLOMR) submittal
to Federal Emergency Management Agency (FEMA) concurrent with the City’s
application for levee certification. The area under review will be remodeled assuming
the levee is certified and therefore does not need to be failed for purposes of FEMA
mapping. An interior drainage analysis of the area landward of the certified levee will
also be conducted.
The product of the analysis will be mapping and tabular data showing the area that
will be removed from the FEMA floodplain if the Hawley Road Levee were certified.
Budget Impact:
Stormwater drainage utility funds will be used to pay for this consultant services
agreement. The cost for this work was contemplated by Council during its review of
the Drainage Master Plan as part of the costs to reconstruct the Green River Levees.
Existing storm drainage rates, adopted by council in 2008 assumed the City would
cover a portion of the costs to fund levee reconstruction. Public Works staff continues
to look for outside funding and lowest cost alternatives for levee certification.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement between the City of Kent and Northwest
Hydraulic Consultants Inc. in an amount not to exceed $14,620 for the
purpose of conducting analyses of the Green River and hydraulic
conditions that would result from certification of the Hawley Road Levee
Improvements, upon concurrence of the language therein by the City
Attorney and the Public Works Director.
7
This page intentionally left blank.
8
9
10
11
12
13
14
15
16
17
18
19
20
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 4, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Mark Howlett, P.E., Design Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Puget Sound Energy (PSE)/South Crow Street Asphalt Overlay
Summary:
In 2009 Puget Sound Energy installed several miles of natural gas main through the
southern portion of Kent. As a condition of their project, Puget Sound Energy was
required to provide a half-street asphalt overlay of the affected streets. One of the
affected streets was South Crow Street between 1st Avenue South and 5th Avenue
South.
As part of the City’s 2010 Miscellaneous Sanitary Sewer and Water Improvement
Project the City will be installing a new water main on Crow Street between 1st Street
and 5th Street.
To avoid unnecessary impacts to the general public and provide cost savings, it would
be beneficial to pave this section of Crow Street under the City’s contract. Under the
terms of this agreement Puget Sound Energy will reimburse the City the cost of this
overlay which is estimated to be $30,048.
Budget Impact:
Puget Sound Energy will reimburse the City’s water fund approximately $30,048.
Motion: Move to recommend Council authorize the Mayor to sign an
Agreement between the City of Kent and Puget Sound Energy for asphalt
overlay of West Crow Street, upon concurrence of the language therein by
the City Attorney and the Public Works Director.
21
This page intentionally left blank.
22
23
24
25
26
27
28
1
EVHLIDfinalmemo.doc/mkv
File 70.4
Project #03-3009
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 5, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Chad Bieren, City Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Local Improvement District (LID) 362: Set Hearing Date for
Confirmation of Final Assessment Roll/East Valley Highway (SR
167 to S. 212th St)
Summary:
The East Valley Highway project was on our 6-year Transportation Improvement
Program for some time for widening and rehabilitation of the pavement. The City
Engineering Section was very successful in obtaining grants for the project and
received 6 grants totaling just over 4 million dollars from 4 funding partners. Also,
properties representing 37 percent of the assessment had signed no protest L.I.D.
Covenants and Environmental Mitigation Agreements for road improvements.
The preliminary L.I.D. hearing was held on March 20, 2007 and the City Council
passed the ordinance forming the L.I.D. and directed staff to proceed with the
project. The project is now nearly complete and the Public Works Department would
like to close out the L.I.D. Sidewalks, acceleration / deceleration lanes and utilities
are considered a special benefit to the local properties and provided the basis for the
L.I.D assessments.
Budget Impact:
The construction is near completion and we are ready to finalize the L.I.D. The
total final assessment is $2,422,936.03 which is the same as the preliminary
assessment. The next step is to schedule the public hearing on the confirmation of
the final assessment roll.
For additional information and details about the project and the L.I.D., see
Attachment ‘A’.
Motion:
Move to recommend that the City Council set October 5, 2010, at 3:00
p.m. in the Kent City Council chambers, as the date, time and place for the
public hearing to confirm the final assessment roll for Local Improvement
District No. 362, and to designate the Public Works Committee to act as
the Board of Equalization for that hearing.
29
2
EVHLIDfinalmemo.doc/mkv
File 70.4
Project #03-3009
ATTACHMENT ‘A’
IMPROVEMENTS FOR EAST VALLEY HIGHWAY:
East Valley Highway was a 5 lane road with 2 lanes in each direction and a center
turn lane. A third through lane existed at some locations but tapered back to 2
lanes. The project improved and rehabilitated East Valley Highway to the City
principal arterial standard. The overall project limits are SR 167 to the south and S.
212th Street to the north. See the attached project map. The roadway
improvements included:
Widening to 7 lanes (3 lanes each direction with a center turn lane).
Installation of cement concrete sidewalks where sidewalks did not exist and
replacement of existing sidewalks where the road was being widened.
Included was sidewalk installation on the north side of S. 216th Street from
East Valley Highway to approximately 565 feet west of the center line of East
Valley highway to connect to the existing sidewalk on S. 216th Street.
Deteriorated portions of the existing roadway pavement were removed and
replaced.
The entire roadway area received an asphalt overlay.
Catch basins and storm drains, driveway approach aprons and curb and gutter
were replaced where necessary.
Traffic signals were modified and upgraded to accommodate the widened
road.
Existing utilities and other improvements such as fire hydrants, power poles,
street light poles, mailboxes, fences and signs were relocated or adjusted as
necessary.
New channelization
New traffic signing
New illumination system.
Additional storm drainage including storm water detention and water quality
facilities.
Street trees and hydroseeding of unpaved areas.
Nine properties received sewer and or water extensions and or stubs.
Temporary erosion and sedimentation control facilities during construction.
NEED FOR THE IMPROVEMENTS:
East Valley Highway is a principal arterial with an average daily traffic volume of
over 21,000 vehicles. Based on traffic studies this volume is expected to continue to
increase in the future. There was a third lane in some areas (installed by the
adjacent property owners upon development), however, it narrowed back to two
lanes in places creating congestion. The third lane is needed throughout the project
limits. Because of this need, this project was included in the City’s Six Year
Transportation Improvement Program for a number of years.
30
3
EVHLIDfinalmemo.doc/mkv
File 70.4
Project #03-3009
The sidewalk system was incomplete; therefore additional sidewalk was needed for
pedestrian traffic and to meet City standards.
Utility extensions were needed to provide a connection point outside of the new
roadway section for unserviced properties. This eliminated the need to cut into the
roadway section in the future when utility connections are needed. This will also
reduce future connection costs for those properties.
The project:
Provided needed north-south capacity to the existing traffic system along the
East Valley highway corridor.
Improved movement of freight through the corridor.
Improved ingress and egress for the adjacent properties.
Provided a safer route for pedestrians and bicycles.
Encourages increased use of transit.
Adds additional service life to the roadway pavement.
Improves the road to City principal arterial standards.
Provides the improvements specified in previously executed L.I.D. covenants
and EMA’s and will provide the improvements that will be required of future
developments along East Valley Highway.
Provides utility access for unserviced properties.
FUNDING:
The L.I.D. component assessments are as follows:
Third Lane $ 1,600,000.00
Sidewalk $ 411,711.00
Utility Extensions $ 191,621.04
Overlay Agreements $ 219,603.99
TOTAL $ 2,422,936.03
The City purchased a vacant property within the project to construct the storm
water detention and treatment facilities. The assessment for this property is
$19,644.39 which the City will pay.
ASSESSMENT METHOD:
The assessments take into consideration the entire project, including the additional
lane and sidewalk. Some properties within the L.I.D. boundary are assessed for the
third lane and sidewalk improvements, some for only one if the lane or sidewalk
already exist, and some properties receive a zero assessment where the street
frontage already has both the additional lane and sidewalk. If the improvements
exist across a portion of the property, only the portion without the improvement is
included in the assessment calculation. Properties without street frontage are not
assessed for sidewalk. There are properties along East Valley Highway within the
project limits that are not within the proposed L.I.D. boundary. These properties
are to the north and south of the L.I.D. area and already have the additional lane
31
4
EVHLIDfinalmemo.doc/mkv
File 70.4
Project #03-3009
and sidewalk so these properties cannot be assessed for these improvements.
Several properties are also assessed for utility work or asphalt overlay of the
existing roadway.
The total L.I.D. amount for each assessment category is distributed to the benefiting
properties based on a square footage formula. The rate per square foot is reduced
with distance into the property (away from the roadway) and is the lowest at the
rear. The rate decreases with each 100 feet of property depth from the future
frontage property line. This method is included in the state law governing L.I.D.
assessments.
Utilities (water and sewer), where required, are assessed at 100 percent of the
estimated cost to the property serviced. The grants do not cover utilities.
Three properties have executed asphalt overlay agreements with the City to share a
cost of the asphalt overlay portion of the project. These assessments are based on
the agreement and the estimated cost for the work.
SPECIAL BENEFIT TO L.I.D. PROPERTIES:
When discussing L.I.D. projects, benefit received is an important issue, since benefit
is the basis for the L.I.D. assessment. Benefit is defined as the increase in property
value brought about as a direct result of the L.I.D. improvements. L.I.D.
assessments can be less than or equal to the benefit received.
Street frontage improvements benefit the property and are necessary for
development or redevelopment. These improvements provide the basis for the
L.I.D. assessments. The City requires street frontage improvements in accordance
with City ordinance as a condition of development and or redevelopment for
properties located on streets where improvements are planned.
Previously, various properties within the project area have executed No Protest
L.I.D. Covenants for road improvements in conjunction with their seeking a
development permit in lieu of actually constructing the improvements. However,
others have actually constructed improvements at the time of development. The
proposed project and local improvement district will provide the necessary
improvements to satisfy future street improvement requirements.
The City has taken the lead on improving East Valley Highway and placed the
project on the City’s Six Year Transportation Improvement Program. This allowed
the City to obtain grant funds to pay for a large portion of the roadway improvement
costs. The grant funds help to reduce the cost of the improvements to the property
owners and lower the L.I.D. assessments. Without the grant funding, the properties
would be faced with a larger cost for the frontage improvements.
The grant funding mentioned represents the benefit to the City and general public.
The L.I.D assessment however, is for the special benefit to the local properties.
32
5
EVHLIDfinalmemo.doc/mkv
File 70.4
Project #03-3009
PAYMENT OF ASSESSMENT:
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a
30-day period in which any portion or all of the assessment can be paid without
interest charges. After the 30-day period, the balance is paid over a fifteen-year
period wherein each year’s payment is one-fifteenth of the principal plus interest on
the unpaid balance. The first yearly payment is due one year after the 30 day
period. The property owner will receive a billing notice from the City each year.
33
This page intentionally left blank.
34
35
This page intentionally left blank.
36
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 6, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Garrett Inouye, P.E., Project Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Consultant Services Agreement with Jones & Stokes Associates,
Inc. to provide environmental permitting services for the S.
224th Street Project.
Summary:
The S. 224th Street Project was approved by Council on April 2, 2008. The Project
will extend S. 224th Street near East Valley Highway to Benson Road. This includes a
bridge over SR 167 and Garrison Creek. Construction of the Project requires permits
from various federal and state permitting agencies. The Consultant will prepare a
Biological Assessment which will be included in the Joint Aquatic Resources Permit
Application (JARPA). The Consultant will also verify the wetland delineation needed
for the JARPA.
Budget Impact:
Payment for the work will be funded through pre-paid assessments from Local
Improvement District (LID) No. 363, formed by Council on December 9, 2008.
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Service Agreement with Jones & Stokes Associates, Inc. for the purpose
of providing environmental permitting services for the S. 224th Street
Project in an amount not to exceed $23,086.33, upon concurrence of the
language therein by the City Attorney and the Public Works Director.
37
This page intentionally left blank.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
This page intentionally left blank.
54
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 6, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Joe Fielding, Environmental Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: 2010 Citywide Large Culvert Pipe Cleaning Interlocal Agreement
between the City of Kent and Drainage District No. 1 of King
County
Summary:
The City of Kent 2010 Citywide Large Culvert Pipe Cleaning project along Mill Creek
in Kent involves working on Drainage District No. 1 of King County property. The
Drainage District Commissioners agreed at their last meeting on July 29, 2010 to
contribute $100,000 to this project since there is a mutual benefit to the Drainage
District. This benefit includes better drainage and flow of stormwater through their
property along Mill Creek.
The funds will be available on October 31, 2010 and will need to be returned to the
Drainage District after December 31, 2011 if the project work is not completed. This
project includes removal of sediment, invasive vegetation species and refuse at ten
sites in the City. Nine sites are along Mill Creek and one is on Soosette Creek. The
City is doing the work to provide better storm water conveyance and reduce flooding
along roads and creeks in Kent. The estimated cost of the project is $941,000.
Budget Benefit:
The City will receive a contribution of $100,000 to the storm drainage utility.
Motion:
Move to recommend Council authorize the Mayor to sign the Interlocal
Agreement between the City of Kent and Drainage District No. 1 of King
County for the City to receive a $100,000 contribution from Drainage
District No. 1 toward the cost of the 2010 Citywide Large Culvert Pipe
Cleaning Project, upon concurrence of the language therein by the City
Attorney and the Public Works Director.
55
This page intentionally left blank.
56
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING - 1 of 4
(btwn. Kent and Drainage Dist. No. 1 of King County)
Interlocal Agreement Regarding
Kent 2010 Citywide Large Culvert Pipe Cleaning
(between the City of Kent and Drainage District No. 1 of King County)
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into between the CITY
OF KENT, a Washington municipal corporation (“Kent”) and DRAINAGE DISTRICT NO. 1
OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414
84th Avenue S., Kent, WA 98032 (“District”).
Recitals
A. Kent and District are public agencies as defined by Ch. 39.34 of the Revised Code
of Washington, and are authorized to enter into interlocal agreements on the basis of mutual
advantage and thereby to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities.
B. Kent is undertaking a project known as 2010 Citywide Large Culvert Pipe
Cleaning (hereafter “Culvert Cleaning”), which is expected to occur in 2010-11 and is estimated
to cost Kent approximately $941,000.
C. The District’s purpose is to ensure the flows of drainage waters in its jurisdiction.
Kent’s Culvert Cleaning Project proposes to clean nine (9) project sites within District right of
way along Mill Creek in order to remove sediment, invasive vegetation, and garbage from
culverts. The District expects to benefit there from due to increased water conveyance ability.
Accordingly, because of the benefits to be received by the District, the District desires to
contribute toward Kent’s costs to complete the project.
NOW THEREFORE, in consideration of the terms and provisions contained herein, it is
agreed between Kent and District as follows:
Agreement
1. Purpose. It is the purpose of this Agreement to outline the terms under which the
District will contribute the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)
toward the cost of Kent’s Culvert Cleaning Project.
2. Duration. This Agreement shall become effective on the last date it is ratified by
the legislative bodies of Kent and the District. Unless terminated by either party in accordance
with section 7 below, this Agreement shall remain in full force and effect until the completion of
the Improvement Project, which is anticipated to be no later than December 31, 2011.
3. Administration of Agreement. Kent and the District shall each appoint a
representative who shall be authorized to administer this Agreement on their behalf.
57
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING - 2 of 4
(btwn. Kent and Drainage Dist. No. 1 of King County)
4. Contribution to Kent. In consideration of this Agreement, the Culvert Cleaning
Project undertaken by Kent, and the benefits that the Project will confer upon the District, the
District agrees to contribute the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)
to Kent. This sum shall be remitted by the District to Kent by October 31, 2010, or by such other
date as may be mutually agreed upon by the parties’ appointed administrators.
5. Failure to Perform the Project - Return of Contribution. As a condition of the
District’s contribution toward the cost of the Culvert Cleaning Project, in the event Kent does not
execute the Culvert Cleaning Project as to the nine (9) sites on Mill Creek that are in the
District’s right of way, the District reserves the right to demand repayment of the full
contribution. If such demand is made upon City, then City shall promptly return the full sum
previously contributed by the District.
6. Entry upon Land. Kent’s contractor for the Culvert Cleaning Project has been
provided sufficient access to District property by previous negotiation. That access and the
terms of those negotiations do not form a part of this Agreement.
7. Termination by Mutual Written Agreement. This Agreement may be terminated at
any time by mutual written agreement of the parties.
8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold
District, its officers, officials, employees, agents and volunteers harmless from any and all
claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out
of or in connection with Kent’s performance of this Agreement and its Culvert Cleaning Project,
except for that portion of the injuries and damages caused by District's negligence, if any.
The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Miscellaneous.
9.1 Amendments. This Agreement may only be amended by mutual written
agreement of Kent and District.
9.2 Non-Waiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise
any option conferred by this Agreement in one or more instances shall not be construed to be a
waiver or relinquishment of those covenants, agreements or options, and the same shall be and
remain in full force and effect.
9.3 Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. If the parties
are unable to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
58
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING - 3 of 4
(btwn. Kent and Drainage Dist. No. 1 of King County)
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the District's right to
indemnification under section 8 of this Agreement.
9.4 Assignment. Any assignment of this Agreement by either party without
the written consent of the non-assigning party shall be void. If the non-assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force and effect and
no further assignment shall be made without additional written consent.
9.5 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and District.
9.6 Entire Agreement. The written provisions and terms of this Agreement
shall supersede all prior verbal statements of any officer or other representative of the City, and
such statements shall not be effective or be construed as entering into or forming a part of or
altering in any manner this Agreement.
9.7 Compliance with Laws. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to the operations covered by this Agreement or accruing out of the performance of
those operations.
9.8 Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
9.9 Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective upon personal service or three (3)
business days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
/ / /
/ / /
/ / /
/ / /
59
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING - 4 of 4
(btwn. Kent and Drainage Dist. No. 1 of King County)
DISTRICT:
DRAINAGE DISTRICT NO. 1 OF KING
COUNTY
By: (signature)
Print Name: Morgan Llewellyn
Its Chair, Board of Commissioners
(Title)
DATE:
KENT:
CITY OF KENT:
By:
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
John M. Casey
Curran Law Firm, P.S.
555 W. Smith St.
Kent, WA 98032
(253) 852-2345 (telephone)
(253) 852-2030 (facsimile)
NOTICES TO BE SENT TO:
Timothy LaPorte, Director
City of Kent Public Works Department
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
John M. Casey,
of Curran Law Firm, P.S.
Attorney for Drainage District No. 1
APPROVED AS TO FORM:
Tom Brubaker, City Attorney
P:\Civil\FILES\OpenFiles\0177-2004\Interlocal-SpringbrookRestoration.doc
60
ITEM 7
Cancel Public Works Committee Meeting of:
September 6, 2010, 4:00 PM
Tim LaPorte, Public Works Director
Move to recommend canceling the first Public Works Committee
meeting of September 6, 2010 due to the Labor Day Holiday.
61
This page intentionally left blank.
62
CANCELLATION NOTICE
PUBLIC WORKS COMMITTEE
SEPTEMBER 6, 2010
This notice is to inform you that the City Council Public Works
Committee meeting scheduled for Monday, September 6, 2010,
4:00 p.m., has been cancelled due to Labor Day Holiday.
Councilmembers: Debbie Raplee, Chair
Ron Harmon
Dennis Higgins
The Public Works Committee meets the 1st and 3rd Mondays of each month at 4:00
p.m. in Chambers east, unless otherwise noted.
For agenda information please call Cheryl Viseth at 253-856-5504.
ANY PERSON REQUIRING DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY
OF KENT AT (253) 856-5725 IN ADVANCE FOR MORE INFORMATION.
FOR TDD RELAY SERVICE CALL 1-800-635-9993.
63
This page intentionally left blank.
64
ITEM 8
Special Public Works Committee Meeting:
SET DATE: September 13, 2010, 4:00 PM
Tim LaPorte, Public Works Director
Move to recommend setting the second Public Works Committee meeting
for Monday, September 13, 2010 at 4:00 p.m. as a Special Meeting, due to
the Labor Day Holiday.
65
This page intentionally left blank.
66
ITEM 9
INFORMATION ONLY
National Pollutant Discharge Elimination System
(NPDES) and Stormwater Maintenance - Update
Shawn Gilbertson, Environmental Engineer & Greg Reed
67
This page intentionally left blank.
68
ITEM 10
INFORMATION ONLY
Transportation Benefit District
Tim LaPorte, Public Works Director
69