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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