HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/06/2012 1
Public Works Committee Agenda
Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair
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K]ENT WAsI,l I4�roN August 6, 2012
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Minutes Dated July 23, 2012 YES None 03 03
2. Consultant Services Agreement/Jason YES Paul Kuehne 05 09
Engineering - Materials Testing, Horseshoe
Bend Levee
3. Agreement/Medina Fund One LLC - South YES Chad Bieren 05 13
2281h Street Union Pacific Railroad Grade
Separation Project
4. Information Only/Cross Connection Control NO Kelly Peterson/ 10 45
John Sizemore
5. Information Only/Giant Sandbag Removal - NO Kelly Peterson 05 47
Update
6. Information Only/Water Source - Update NO Sean Bauer 20 49
7. Information Only/Levee Update NO Tim LaPorte 10 51
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 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.
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Special PUBLIC WORKS COMMITTEE
Minutes of Monday, July 23, 2012
COMMITTEE MEMBERS PRESENT:
Committee Chair Elizabeth Albertson and Committee members Dana Ralph and
Dennis Higgins' were present. The meeting was called to order at 4:09 p.m.
Item 1 — Approval of Meeting Minutes Dated July 16, 2012:
Ralph MOVED to approve the minutes of July 16, 2012. The motion was
SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence.
Item -2 3 — Amendment to Interlocal Agreement with King County to
Perform Line Striping:
Street Superintendent, Bill Thomas noted that this work will keep the City in
compliance with Manual Uniform Traffic Control Devices (MUTCD) recommendations
for lane dividers, centerlines and fog lines. Thomas stated that the City has an
Interlocal Agreement with King County that has been in effect since 2005, and that
County crews have the equipment and expertise to perform this type of
maintenance work efficiently and cost effectively.
Ralph MOVED recommend Council authorize the Mayor to sign an
Amendment to the City's Interlocal Agreement with King County to perform
line striping on City roads in an amount not to exceed $110,000, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Albertson and PASSED 3-0, with
Higgins' concurrence.
Item 3 4 —Goods & Services Agreement with H.D. Fowler/239th Street
Water Infrastructure Parts Replacement:
Interim Water Superintendent, Sean Bauer noted that the Water Utility spends
approximately $150,000.00 per year on miscellaneous parts and fittings to fix and
replace infrastructure. Bauer stated that the infrastructure (a water main pipe and
related appurtenances) on South 239th Place is in need of replacement. Written bids
were obtained from three suppliers, and H.D. Fowler Company was the low bidder.
Ralph MOVED to recommend Council authorize the Mayor to sign a Goods &
Services Agreement with H.D. Fowler Company for the purchase of
miscellaneous water materials in an amount not to exceed $26,416.12
(including sales tax), subject to the final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED
by Albertson and PASSED 3-0, with Higgins' concurrence.
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Special PUBLIC WORKS COMMITTEE
Minutes of Monday, July 23, 2012
Item 4 5 — Contract with RH2 Enciineerinci Inc. — Design of Electrical
Improvements for East Hill Well Water Source:
Utilities Engineer, Dave Brock stated that the East Hill Well water source is a primary
source for the Water Utility, producing in excess of two million gallons per day to
meet the water demands of the East Hill community.
Electrical improvements include installation of a generator to maintain operations
during periods of Puget Sound Energy power outages and replacement of electrical
infrastructure that has become obsolete. Brock noted that this work was identified
in the 2011 Water Plan and is in the Water Capital budget.
Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with RH2 Engineering, Inc. for the design of
electrical improvements to the East Hill Well water source in an amount not
to exceed $31,412, subject to the final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by
Albertson and PASSED 3-0, with Higgins' concurrence.
Item 3 6 — Green River Levee Improvement — Condemnation Ordinance:
Design Engineering Manager, Mark Howlett noted that the City of Kent was
successful in obtaining grants from the Washington State Legislature for
reconstruction of the Horseshoe Bend and Hawley Road Levees. A condition of these
grants is that the levee projects must be ready for bid advertisement prior to July 1,
2013. Howlett explained where the projects will take place along the levee.
This projects require acquisition of property rights from two properties, LA Fitness
and Holmes Electric. Good-faith negotiations for these rights commenced
approximately 10 months ago and the city was successful in obtaining the necessary
rights to the LA Fitness property. However, resolution with Holmes Electric has
stalled to a point where the construction schedule is impacted.
At Horseshoe Bend, property rights are required at the EFCO (Transform LTD)
property. Property negotiations began in April and have come to a standstill. In
order to meet the deadline of the grant we need to move ahead with condemnation.
While the City always tries to avoid, as much as possible, utilizing the condemnation
process, this ordinance will provide the City the mechanism to proceed, if necessary,
to condemnation on this property should negotiations continue to stall.
Ralph MOVED to recommend City Council adopt a Condemnation Ordinance
for obtaining property rights along the Green River to complete levee
improvements, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director the motion was SECONDED by
Albertson and PASSED 3-0, with Higgins' concurrence.
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Special PUBLIC WORKS COMMITTEE
Minutes of Monday, July 23, 2012
Item 6 7 — Consultant Services Agreement/AECOM — Construction Support
Services, Boeing Levee:
Environmental Engineering Supervisor, Alex Murillo stated that the consultants hired
to certify the Boeing Levee found deficiencies in the north end of the levee segment
at Three Friends Fishing Hole Park. Proposed improvements include a secondary
levee and floodwall, which will address these deficiencies. Structural design of this
project was completed by AECOM and the contract was awarded by Council on July
17. Construction will begin in August. This contract will provide City Staff support,
as needed, during construction to answer questions related to the structural design
of the wall.
Murillo explained where this reach of the levee is located. He also noted that the
City received a $2.07 million grant from the State legislature for work on the Boeing
Levee. This grant is administered by the Washington State Department of Ecology
with reimbursement to Kent via an Interlocal Agreement with the King County Flood
Control District.
Ralph MOVED to recommend Council authorize the Mayor sign a Consultant
Services Agreement with AECOM for structural engineering services during
construction of the flood wall for the Boeing Levee Project in an amount not
to exceed $9,198.17, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director. The motion was SECONDED by
Albertson and PASSED 3-0, with Higgins' concurrence.
Item -7 8 - Consultant Services Agreement/GeoEngineers — Construction
Support Services, Horseshoe Bend Levee:
Design Engineering Supervisor, Mark Madfai explained that the next two items are
similar to the previous item discussed.
He went on to say that the City constructed Phase I of the secondary levees last
year and this project, Phase II, will complete needed improvements for certification
of the Horseshoe Bend Levee. In most areas the levee consists of an earthen berm
or a raised roadway embankment. However, in areas where there is limited space, a
levee wall will be constructed. These walls will be constructed along the south side of
S. 259th St. east of Central Ave and on the west side of the Horseshoe Bend along
the north side of the City's 3rd Ave. detention pond. Public Works Director, Tim
LaPorte clarified that we expect to go over the $10 million. He stated staff would
come back next month with more information.
Ralph MOVED to recommend Council authorize the Mayor sign a Consultant
Services Agreement with GeoEngineers for construction support services
during construction of the Horseshoe Bend Levee Project in an amount not
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Special PUBLIC WORKS COMMITTEE
Minutes of Monday, July 23, 2012
to exceed $28,775, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director. The motion was SECONDED by
Albertson and PASSED 3-0, with Higgins' concurrence.
Item 8 9 - Consultant Services Agreement/AECOM— Construction Support
Services, Horseshoe Bend Levee:
Same explanation as items 7, and 8.
Madfai noted that AECOM performed the structural engineering design for the levee
retaining walls and, with this contract, will provide construction support for the
fabrication and installation of the sheet pile walls.
Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with AECOM for construction support
services during construction of the flood walls, on the Horseshoe Bend
Levee Project in an amount not to exceed $20,338.03, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Albertson and PASSED 3-0, with Higgins'
concurrence.
Item 9 10 - Consultant Services Agreement/Murray &Associates —
Appraisal Preparation for SE 256th Street Improvements Proiect:
Design Engineering Supervisor, Mark Madfai noted that the City of Kent was
successful in obtaining a $2 million grant from the Washington State Transportation
Improvement Board (TIB) for the repair, widening and upgrading of SE 256th Street
between Kent-Kangley Road and 116th Avenue SE.
The project will construct a center, left-turn lane, bike lanes, curbs, gutters,
sidewalks, street trees, storm drainage and undergrounding of overhead utilities. In
order to construct the improvements along SE 256th Street and widen the roadway,
some strips of property will be required from adjacent properties. The cost of these
property acquisitions need to be determined by a certified land appraiser.
Madfai stated that a contract for negotiators for this project will be coming to the
committee at a later date.
Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Murray &Associates to complete
appraisals for portions of property along SE 256th Street in an amount not
to exceed $22,786, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director. The motion was SECONDED by
Albertson and PASSED 3-0, with Higgins' concurrence.
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Special PUBLIC WORKS COMMITTEE
Minutes of Monday, July 23, 2012
Item 3$ 11 - Information Only/August Business Recycling Event:
Conservation Coordinator, Gina Hungerford invited businesses to come to the
Business Recycling event on Thursday, August 9, 2012, the City of Kent will host the
annual Business Recycling Event that will take place at Russell Road Park located at
24400 Russell Road, from 11:00 a.m. - 4:00 p.m.
Businesses are invited to bring cardboard, electronics (including computers and
components), up to 5, file-size boxes of confidential material to shred, plastics,
scrap metal, wood pallets and more. A small fee is charged for some items (cash
only). A flyer with a complete list of items accepted at the event will be mailed out
in late July; you can also find information at www.kentrecycles.com
This event is paid for by King County's Solid Waste Division and Washington State
Department of Ecology grants.
Information Only/No Motion Required
Item 34 2 - Information Only/Local Improvement District (LID) 363
Process•
Tom Tanaka, Attorney for Ogden Murphy Wallace gave a primer on the City's LID
process as well as the particular process for LID 363. Tanaka also gave a general
overview of the Local Improvement District hearing process and what the role of the
Public Works Committee will be as they serve as the Board of Equalization.
Information Only/No Motion Required
The meeting was adjourned at 5:19 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 24, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: August 6, 2012
From: Peter Tenerelli, Construction Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement/Jason Engineering and
Consulting Business, Inc. —Horseshoe Bend Levee Improvements
Phase II, Materials Testing & Inspection
Item - 2
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Jason Engineering and Consulting Business, Inc.,
in an amount not to exceed $22,660.00 for materials testing and
inspection services related to the Horseshoe Bend Phase II Levee
Improvements, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director.
Summary:
Public Works Engineering is contracting to construct a new levee along the Green
River, east and west of Central Ave South on South 259th Street. The work involves
the installation of steel sheet pile walls beneath a steel reinforced concrete flood wall.
Additional work involves levee backfill material, concrete block retaining walls, new
drainage facilities, a unique, removable stop-log flood wall at apartment driveways,
along with asphalt pavement and planting restoration. Sound Engineering practices
dictate that aggregates, asphalt, cement/concrete, reinforcement steel and sheet pile
installation be tested to insure they meet specifications and that excavation
restoration and levee construction materials are compacted to the required density
and moisture content. This materials analysis requires a laboratory with certified
testing equipment that the City does not own. There is not a more cost effective
option at this time than to have an outside laboratory perform these duties. Jason
Engineering and Consulting Business, Inc., a City of Kent business enterprise, has the
appropriate certifications and expertise to perform these duties and was selected
through a competitive process based upon their qualifications. City staff will perform
all other inspection services that do not require specialized laboratory equipment or
expertise.
Budget Impact:
This contract will be funded through a grant from the Washington State Department
of Ecology and Kent storm water utility funds.
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11 i
Jason Geotechnical Engineering Rev Date: 07-23-2012
Engineering& Retaining Wall/PavernentDesign Project: Horseshoe Bend Levee
Consulting Constnution Management Ph I1,Kent#09-3005.7
Business,Inc. WABO/AASHTO Inspection &Testing Flle#: p12-030
Scope of Services; ExhibitA
These rates will apply for the duration of the project to provide testing and inspection for your project:
Horseshoe Bend Levee,Kent#09-3005,7
Provide onsite construction inspection and recommendations regarding construction materials as
requested.
s� Observe placement and procedures of materials. Provide density tests to confirm compaction and
testing specification requirements.
Sample imported material to evaluate and confirm specification requirements, This includes
laboratory testing for each material type encountered and/or imported to the site. Testing methods
will be performed according to current applicable standards.
a Provide miscellaneous professional services related to this project as directed, photograph
construction materials and methods as appropriate or as directed by the Owner's Representative.
Provide onsite construction inspection and recommendations regarding construction materials as
requested.
Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
i
Representative.
v- Provide time sheets with each invoice that verify,Consultant employee(s), day, date mid times worked,
hourly rate,total per day,mileage; tests performed and test fees, and any other pertinent information
required to verify invoiced charges.
y� Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the
i
project distribution list.
s� The hourly rate is based upon portal-to-portal time, The hourly rates shown below are applicable for
all work performed. There is a minimum charge of 2 hours for any inspection and professional
engineering services (weekends are minimum 4 hours).
A trip fee for non-resident inspectors is charged from the Auburn office to the job site and back to the
office.
s b An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day,weekends and legal holidays,
Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties.
rw Unit rates valid for anticipated duration of One project.
Phone: (206)-786-8645 Fax: (253)833.7316 Email:Jason@jasonengineering.cum
PO Box 181 Auburn WA. 98071
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�. Jason Gemechnical Engineering Rev Date: 07-23-2012
Engineering& Retaining Wall/Pavement Design Project' IIorseshoe Rend Levee
Consulting Construction Management Ph1I,Kent#09-3005.7
Business, Inc, WABO/AASHTO Inspection&Testing FUe#:p12-030
Schedule of Fees & Services, Exhibit B
PROFESSIONAL SERVICES Qty, Unit Rate Total Est,
InspectionTF.SCSupervisor $50,00 perhour $0,00
Asphalt/Soilsw/Densomeler 150 $50,00 perhour $7,500,00
Reinforced Concrete/Masonry 60 $50.00 perhour $3,000.00
Administrative Services 40 $40.00 per hour $1,600.00
Construction Manager,Report review&Evaluation 120 $60.00 per hour $7,200.00
Staff Engineer/Geologist $75,00 perhour $0.00
Senior Geotechnical Engineer,PE 1.0 $95,00 per hour $950,00
LABORATORY SERVICES Unit Rate
ASPHALT,HMA
Asphalt,Ignition&Gradation(AASHTO T27,AS'FM D2172) 3 $150.00 each $450.00
Asphalt,Rice Specific Gravity(ASTM D2041,AASIITO T245) 3 $85A0 each $255.00
CONCRETE
Concrete,Cylinders Compression(ASTM C39), 20 $20,00 each $400.00
SOILS/AGGRF,GATE
Soil,Fracture Count(ASTM D5821) 3 $75,00 each $225,00
Soil,Hydrometer $160,00 each $0,00
Soil,Moisture Content $30.00 each $0,00
Soil,Proctor/Moisture-Density Relation(ASTM D1557,1)698) 3 $150,00 each $450.00
Soil,Sand Equivalent Test(ASTM D2419) 3 $75.00 each $225,00
i
Soil,Sieve Analysis of Pine and Coarse Aggregates (T27-06) 3 $125.00 each $375.00
Soil,Unit weight 1 $30.00 each $30,00
OTHER $0,00
Overtime, 15 times hourly rate 1.5 x hourly rate per hour
Suhconsultants Cost+ 15%
Estimated Project Total: $22,660,00
I
Phone (206)-786-8645 Fax: (253)833-7316 Emad:Jason®jasonengineering,conI
PO Box I81 Auburn WA. 98071
I
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 30, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: August 6, 2012
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Agreement/Medina Fund One LLC - South 228th Street Union
Pacific Railroad Grade Separation Project
Item - 3
Motion:
Move to recommend Council authorize the Public Works Director to sign
the South 228th Street Overpass Agreement with Medina Fund One LLC,
subject to final terms and conditions acceptable to the City Attorney.
Summary:
The City has been coordinating with property owners along South 228th adjacent to
the future Union Pacific (UP) Grade Separation project. This coordination includes
working with property owners to ensure that any redevelopment of adjacent
properties will accommodate our future project.
During the past year Public Works staff has been working with Medina Fund One LLC
to purchase property and mitigate driveway access issues that would be a result of
the road raising. This agreement will reimburse Medina Fund One LLC up to a
maximum of $398,000 to reconstruct its driveway to accommodate the change in
grade associated with the future project. The property owner has an on-going
redevelopment project at this location. Completing this work now will reduce costs
to the City, impacts to on-going business operations, and construction time in the
future.
Budget Impact:
The cost of this will be paid with the Public Works Trust Fund loan for this project.
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South 228"Street Overpass Project Agreement
(City of Kent South 2281h Street/Union Pacific Grade Separation Project)
This Agreement is entered into this of 2012 between the City of Kent
("City') and Medina Fund One, LLC, a Washington Limited Liability Company ("MEDINA").The City and
MEDINA shall be referred to collectively herein as "the Parties."
Background
The City intends to construct an overpass ("the City Project" or"the Project") on South 228t"
Street across the Union Pacific Railroad mainline rail tracks as contemplated in the City's six-year
Transportation Improvement Plan. As it crosses the Union Pacific tracks, South 2281"Street is a four-
lane thoroughfare, as seen on Attached Exhibit 1. The Project will elevate South 228`'Street over the
railroad tracks,thus eliminating the at-grade crossing. The City presently anticipates that construction
of its Project will begin within five years from the date of this Agreement,although the timing remains
uncertain and is not critical to this Agreement. The Project will result in an overpass similar to the one
depicted in Exhibit 2.
MEDINA owns property adjacent to the contemplated overpass, as identified on Exhibit 3,
attached ("the Medina Property"). MEDINA is planning modifications to the existing building on the
Medina Property. The planned modifications (the "Medina Building Modification Project" or the
"Medina Project") are roughly depicted on attached Exhibit 4. MEDINA intends to construct the
modifications within one year from the date of this Agreement, although the timing remains uncertain
and is not critical to this Agreement.
The City's anticipated Project is relevant to MEDINA'S planned building and site modifications in
several ways explained elsewhere is this Agreement. For example, one of two existing MEDINA
driveways—the driveway marked "Existing Driveway 2" on the drawing attached as Exhibit 1—will be
permanently closed as a result of construction of the City's overpass Project. Existing Driveway 1 will
remain but will have to be reconstructed when the City's Project is constructed, as explained in detail in
the body of this Agreement.
As a condition of approving the Medina Project, the City required MEDINA to dedicate five feet
of right of way and a utility easement paralleling South 228"Street, all as described in greater detail
elsewhere in this Agreement. Medina has conveyed the required right of way and easement rights
(Exhibits 5 and 6, attached).
The City wants to coordinate with MEDINA so that MEDINA'S Project is undertaken in a manner
that will facilitate several of the City's needs attendant to the future City Project, particularly with
respect to certain parking lot and landscaping modifications that would be unnecessary but for the
impending City Project. Further, the Parties want to reach agreement on certain landscaping
concessions that MEDINA seeks with respect to its South 228t"Street frontage. To address these and
City of Kent/Medina Fund One, LLC,Agreement
Re South 228'h Street Grade Separation--page 1
16
other issues related both to MEDINA's Project and to the City Project, the Parties enter into this South
288`"Street Overpass Project Agreement("Agreement") as follows:
Agreement
1. Landscaping concessions,obligations, and certain costs borne by City
MEDINA is concerned about City landscaping requirements that may be implicated
by MEDINA's Project, by the City's Project, and/or by the combination of the two
Projects. To provide certainty as to what those requirements are and what they will
be when the City's Project is constructed, the Parties agree as follows:
a. MEDINA'S Project plans include certain landscaping as shown on attached
Exhibit 7.
b. The City will pay for the landscaping referenced in subparagraph 1.a above in
the area of the Existing Driveway 2, which will be closed.
c. THE CITY GRANTS MEDINA a waiver, as follows, of the otherwise applicable 15-
foot-wide "front yard" landscaping requirement that is applicable by virtue of
the Kent Municipal Code and MEDINA's M2 zoning. The City hereby represents
and warrants that when the City constructs its Overpass Project, MEDINA will
retain only a 10-foot-wide landscape strip between the paved parking and the
City improvements. The City further agrees and warrants that MEDINA's"front
yard landscaping," as it will exist following completion of the City Project even if
less than the anticipated 10-foot width of landscaping actually remains, shall be
deemed "legally conforming."
d. The City hereby agrees that landscaping contemplated by MEDINA's landscaping
plan as indicated on attached Exhibit 7 shall be sufficient along South 228`h
Street following completion of MEDINA's Project to accommodate the driveway
regrading contemplated in this agreement and be deemed legally conforming.
e. Consistent with subparagraph c above, the City shall not require any additional
landscaping on the MEDINA Property after completion of the City Project
because of any loss of landscaping along South 2281h Street caused by the City's
Project, although the City may at its own election and at its cost choose to make
up for the loss of five feet(in width) of landscaping, , in which event any
replacement landscaping shall be located and constructed as follows:
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 2
17
1. The City shall consult with MEDINA to determine where on the
MEDINA property any such additional landscaping could be installed
without negatively impacting MEDINA's use of its property. One such
location, for example, might be along the eastern edge of MEDINA's
property where a rail spur is presently located, in the event the rail
spur were removed. The rail spur is identified on the aerial
photograph attached as Exhibit 3. Other possible locations may exist
around the building or the property perimeter.
2. MEDINA shall not unreasonably withhold its assent to a possible
landscaping location suggested by the City as contemplated in
subparagraph 2.f.1 above
3. If additional landscaping is proposed or required by the City as
contemplated in the immediately preceding subparagraphs of this
paragraph, it shall be the City's sole obligation to construct such
landscaping, at its sole expense, in the location or locations agreed to
between the Parties.
2. Reconstruction of MEDINA's Driveway 1-and Regrading of Adjacent Parking Area
The Parties acknowledge that in order to accommodate the City's Overpass Project, it will be
necessary to reconstruct MEDINA's Existing Driveway 1 and to regrade the adjacent parking area
as well as permanently close existing driveway 2. The City acknowledges that this
reconstruction and regrading of Driveway 1 and the adjacent parking areas would not be
necessary but for the City Project. The Parties also acknowledge that Driveway 1 will be
restricted from trucks turning left out of the driveway after the City's project is complete.
Medina wants to minimize the impacts of this reconstruction and regrading by completing this
work, to the extent possible, at the same time that it constructs its own Medina Project.
Accordingly, the Parties agree as follows:
a. Medina shall, in conjunction with the Medina Project, contract for the
reconstruction and regrading of Driveway 1 and adjacent parking areas as shown on
attached Exhibit 8. The City shall be responsible for the costs of completing this
work, as follows:
b. Medina has provided the City a cost estimate for the work referenced above, which
is depicted in the drawing attached as Exhibit 8 attached to this Agreement.
c. Medina has provided a cost estimate for the work depicted in Exhibit 8. A copy of
the estimate is attached as Exhibit 9 to this Agreement.
d. The City hereby agrees to pay Medina, WITHIN 30DAYS OF WRITTEN NOTIFICATION
OF PROJECT COMPLETION the estimated cost of the Driveway 1 construction and
regrading work set forth in Exhibit 9, but only after the work has been completed
and only after Medina has been billed by its contractor for the work. If the actual
cost of the work is less than the estimated cost as set forth in Exhibit 9, the City shall
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 3
18
pay the lesser actual cost only. If the actual cost of the work exceeds the estimated
cost as set forth in Exhibit 9, the City shall pay the actual cost but only up to an
amount not to exceed $398,000, INCLUDING SALES TAX (the "Not to Exceed
Amount"). Medina shall be solely responsible for any amount by which the actual
cost exceeds the Not to Exceed Amount.
e. Even after completion of the work shown on Exhibit 8 and estimated in Exhibit 9, it
will remain necessary to perform additional construction work at the time of the
City Project in order to match the grade of the reconstructed S. 228th Street to the
grade of Driveway 1 as reconstructed pursuant to Exhibits 8 and 9. MEDINA agrees
that upon 30 days'written notice from the City, the City shall have the right to enter
the portion of the MEDINA property shown on Exhibit 10 attached hereto in order
to accomplish this Driveway 1 construction work. This subparagraph shall operate
as and is intended as a "driveway reconstruction permit" and shall require no
further notice beyond the notice provided pursuant to the subparagraph.When the
City Project is constructed, the City shall use its best efforts to complete the work
referenced in subparagraph e above as quickly as possible in accordance with
standard construction practices and scheduling, and the City shad coordinate with
MEDINA for completion of all such work in a manner to be mutually agreed upon,
which agreement shall not be unreasonably withheld.
IN WITNESS WHEREOF, this Agreement has been entered into effective
2012.
City of Kent/Medina Fund One, LLC, Agreement
Re South 228tb Street Grade Separation—page 4
19
Medina Fund One, LLC
By I a
Tom T. O'Keefe, MANAGER
City of Kent
By
Tim LaPorte, Public Works Director
Exhibits Attached to this Agreement
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 5
20
Exhibit 1: Aerial that shows the future overpass and the Existing Driveway 1 and Existing
Driveway 2 location.
Exhibit 2: Aerial photo shows S. 228th Street Overpass over BNSF tracks
Exhibit 3: Aerial photo that depicts the vicinity,whole parcel,the rail spur,the future overpass
location, and location of future work
Exhibit 4: Drawings 1,3,4&5 of 5 and W-1 of 1,T1 of 2 and T2 of 2 showing the Medina building
modifications
Exhibit 5: Signed 5-foot-wide ROW dedication
Exhibit 6: Signed utility easement
Exhibit 7: MEDINA's proposed Project landscaping for its own project
Exhibit 8: Drawing 2 of 5 depicting the parking lot as modified for the City's project.
Exhibit 9: Medina's cost estimate for reconstruction/regrading Driveway 1 and adjacent parking
area
Exhibit 10: Aerial depicting the "permit area"for reconstruction of Driveway 1 at the time of City
Project
City of Kent/Medina Fund One, LLC,Agreement
Re South 228th Street Grade Separation—page 6
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WHEN RECORDED RETURN TO: 01872
�®
FIRST AtlERICAN OG0 65.00
PAGE-001 OF 004
06/07/2012 15:53 '..
Property Management KING COUNTY, UP
City of Kent
220 Fourth Avenue South IE2547429
Kent, Washington 98032 06/07/2012 is4a
KING COUNTY, WA
SATAX LE $$0.00 PAGE-001 OF 001
Grantor: Medina Fund One LLCa Washm ton Limited Liability Company
Grantee: CITY OF KEN7
Abbreviated Legal Description: Lot 6 & a ntn of Lot 3 81k 2 Upland
Cora Park Vol. 108, pq 38-39
Additional Legal Description on page of Document
Assessor's Tax Parcel ID No. 883480-0090-09
Project: 07-3023R 228th UPRR Grade Seaarg#pn_w k --tST1R
QUIT CLAIM DEED
Medina Fund One, LLC, a Washington Limited Liability Company ("Grantor"), for and
in consideration of mutual benefits derived and/or other valuable consideration,
receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the
City of Kent, a Washington municipal corporation ("Grantee"), and its successors
and assigns, all interest in the following described real property, situated in Kent,
King County, Washington.
SEE EXHIBIT "A" ATTACHED AND INCORPORATED
EXHIBIT 5
Quit Claim Deed Page 1 or '�. .
32
Exhibit A
Right of Way
Tax Lot8834800090
PNWTI #1147618
NE1/4 NW1/4 13-22-4
The south 5.00 feet of the following described tract of land:
All of Lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded
in Volume 108 of Plats, pages 38 and 39, records of King County, Washington;
Together with the south 97,74 feet of Parcel B, City of Kent Lot Line Adjustment No.
I_L-81-31 recorded under King County Recording Number 8812010552 (being the
south 97.74 feet of Lot 3, Block.2, said plat of Uplands Corporate Park, according to
the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King
County, Washington).
(Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5,
recorded on October 20, 2008, as instrument Number 20081020001358, in the
official records of King County, Washington.)
to R &I
�ykr�of a 9
o�
1al5TER�O '
I
�r�fiJa � yf
33
N 0'57'47" E 5.00'
———————————————
I i
OWNER: MEDINA FUND ONE LLC
PARCEL ADDRESS: 7250 S. 228th ST. I
KENT, WA. 98032
TAX ID 883480-0090
RIGHT OF WAY AREA: 2165 SQ.FT.
I
I
(
EXISTING RIGHT
OF WAY LINE
rn o W I
NLLJ
W
0 o
N
N �,rr'i N i
to m
� co i
I (
i
SCALE: 1"=60' 5' — I
I
S 1.12'02" W 5.00'
34
en e A A TRICAN�
WHEN RECORDED RETURN TO: ffll�,filfffflflf�ff�IllfffMfflllfllllflf 111111�Iffl
Ilfffffif
City of,Kent .1o� -p to
220 Fourth Avenue South 1 ® i ® 1
Kent, Washington 98032 FIRST RMERICRN E{iS 66.00
'N6%"0' OF 094
Attn: Engineering/Property Services KING7COUNTY, WA
Grantor: Medina Fund One LLC a Washington Limited Liability Company
Grantee: City of Kent a Washington municipal corporation
Abbreviated Legal Description: Lot 6 & Ptn of Lot 3,. Blk 2,
Uplands Corp Park Vol. 108 pg 38-39
Additional Legal Description on page of Document.
Assessor Parcel No. 883480-0090-09 STR: NW 13-22-4
Project Name: _07-3023R 228'h UPRR Grade Separation /4 Ly?,OI n--D6ot
Access, Construction and Underground Utility Easement
Medina Fund One LLC a Washinaton Limited Liability Company.-("Grantor"),
for and in consideration of mutual benefits derived and other valuable
consideration, receipt of which Grantor acknowledges, grants, bargains, sells, and
conveys to the city of Kent, a Washington municipal corporation ("Grantee"), its
successors and assigns, an access and construction easement for the design,
construction, installation, operation, maintenance, repair, and reconstruction of a
retaining wall to support an above-grade railroad crossing on South 2281h Street,
together with a public and private underground utility easement, both easements
being granted over, through, under, across and upon the following described
property situated in King County, Washington:
Refer to Exhibit"A" attached and made a part hereto
Grantee shall have the right, without prior institution of suit or proceeding at
law at times as may be necessary, to enter upon the property and immediately
adjacent areas with the necessary equipment for the above-stated retaining wall
access and underground utility purposes, and for making any connections to the
underground utilities, without incurring any legal obligation or liability; provided
Easement - Medina Fund Page 1 or 3 EXHIBIT 6
35
that Grantee's exercise of its rights in the easement area shall be accomplished so
that the Grantor's private improvements existing within this easement area,
Including incidental areas, shall not be disturbed or destroyed, or in the event they
are disturbed or destroyed, they will be replaced in as good a condition as they
were immediately before the Grantee entered the property.
This easement shall be governed by and construed in accordance with the
laws of the state of Washington. If Grantor and Grantee are unable to settle any
dispute, difference or claim arising from either party's performance of this
easement, the exclusive means of resolving that dispute, difference or claim shall
be by filing suit exclusively under the venue, rules and jurisdiction of the King
County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process.
The Grantor shall retain the right to use the surface of this easement so long
as Grantor's use does not interfere with the Grantee's rights provided In this
easement. Except as shown on attached Exhibit B, which depicts future construction
that Grantor plans to undertake within the easement area, the Grantor and Grantee
shall not change the surface grades, except as mutually agreed upon in advance by
both parties.
This easement shall be a covenant running with the land forever and
shall be binding on the Grantor's successors, heirs, and assigns.
GRANTO R(S)t
o `v . A
By:
Its;
Notary acknowledgment appears an next page -
Easement - tledlna Fund Page 2 of 3
36
STATE OF WASHINGTON )
Ss.
COUNTY OF KING )
Date; G �+ 20r 2
I certlfy that I know or have satisfactory evidence that TOw1 T. 01P-,,eFe-
is the person who appeared before me, and said person
acknowledged that (he/she) signed this Instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the Ma,�ar#r _
of RLIVYtit all. d 0r.e. LILY— to be the free and voluntary act of such
party for the uses and purposes mentioned in the Instrument.
Dated: luau 7A, ZoiZ
-Notary Sea(Must Appear Within This Box
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written. nn
Notary Public
State of Washington ( ignature)
TRACT R.APLIN N 3TARY PUBLIC, in and for the State
MY COMMISSION EXPIRES
July24, 2015 o Washington; residing at Ktr)f
appointment expires -. AN 2v(,UIS`
APPROVED AS TO FORM:
Ke�w6lezq
rhnet
P:ICl0V11ce10Gen 11I.N0177-3012•Public lyo"Gentmb Medlnn rand(Amway)Eaeemenvd=
Easement- Medlna Fund Page 3 of 3
37
Exhibit A
Access, Construction and Underground Utility Easement
Tax Lot8834800090
PNWTI #1147618
NEi/4 NW1/4 13-22-4
The north 10.00 feet of the south 15.00 feet of the following described tract of
land:
All of Lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded
in Volume 108 of Plats, pages 38 and 39, records of King County, Washington;
Together with the south 97.74 feet of Parcel B, City of Kent Lot Line Adjustment No,
LL-81-31 recorded under King County Recording Number 8812010552 (being the
south 97,74 feet of Lot 3, Block 2, said plat of Uplands Corporate Park, according to
the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King
County, Washington),
(Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5,
recorded on October 20, 2008, as instrument Number 20081020001358, in the
official records of King County, Washington.)
yY �q
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April IS;2012
0'l<eele Development
19300 Cascade Ave. S, Suite 201 p
;cattle.. WA. 90.1 H
Re: Away A nfry Chainges(Intedln Gtajing i'lrnj
Toro.
The following is out price:quote for the Interim Grading as defined on plans prepared by
Barghairseu lainineerinfl dated 5!1 S/l 1. P}ease rzview breakdown and clarifications
below. 'this reflects th,, added cost to the project.
Relocate Trailer-Relocate temporary Amway trailer one or two docl, bays Po the north
f
to allow for different access and removal ()]'the retaining wall. Trailer will be turned
around with the doors facing north and a new 11C ramp will be installed for customers.
lReattach elect0cad and water.
5,500.
Survey(Alto;.ante)-Layout new retaining walls,grades and set elevation of relocated
catch basins. 9_000.
Soils Tming (A]Nmvance)-Provide periodic testing of soils placement and proof roll
lxior to asphalt installation. _
1,/50,
pjemolition at5t} a^tearing-,Asphalt removal and disposal_ concrete removal and
disposal including load ramp, flag pole patio and extruded carbS trees shrubs and sod.
Silrfencin,<.
i1.765.
7 as tlaii'ot S;-Excavate and badcfill fur rcuwiing Qualls,gro.de for wallas,Plante and
asphalt paving.
Rock"'I,,�- Install howl:r-r�' per;ilan
50.
r i1P date,iz3 - hriport and Place ;100 ions of select fill pit run materials with trod: and
nailer. Provide street clean-up.
9C.;79.
EXHIBIT 9
R 0. ,SQX 270Sbi
SMILE, A/9 M 1165 -
(.,06) 62 0115
JOSEPS.4 153JD
40
Utility (Budget)—There was no design on the plans so we,have included the following:
Install (1) 'rype 11 48"manhole at loading dock ramp. Raise(3)existing manholes and
grades to revised grades. Provide rockery drain and perimeter drain around tyrUISho7711Cr
depression. 10.069.
Fire Iiydi•ant—Relocate fire hydrant per plan. A new hydrant will be installed with the
latest connections.
3,759.
Asphalt Paving—Install 3" asphalt over 6"base at main truck drive 44.i3 sy (see plan).
Balance of area to receive 2"asphalt over 4"base 1.702 sy, East parking lot to receive
asphalt oveflay 558 sy.
6,834.
Landscaping—Landscaped are did not change much only the addition of some hydro
seeding of the sloped south side and relocation of the sprial(ters for this area
2,888.
Fence— histall new fencing along north retainin2wall. Reuse existingzolling gate.
1.200.
stripi1w—Stripe an additional (36) stalls not included in base quote
275.
Extruded Curbs— Install additional extruded etu'oino. No twheel stops are included.
5.505_
Retaining '4,4a4I— Construct new concrete reta wallsining alls al (3) locations. North rela �,inin
wall to be S'' thick, Center radiused iwall and by sidewalk to be 6'thick.
55.?18.
Sic,e,r•nalcs—Install added sidewalks per plan. 17,932.
41
Ramp Crodit—Eliminate ramp at west end of huilding inclusive of hmdraiI.
<I 1,s3s
Handmits—Install approx 20 If of handrail next to transformer.
1,575.
{tenet al Conditions— Supervision, Grade monitoring, Continuous clean-up; site safety,
barricades, signage
17;322. '
-------------------------
Subtotal 3301547.
O, H&P 33,055.
--------------------------
Subtotal 363,602.
WSST 34,542.19
Tom]Budget Amount S 398,144.19
Alternate
Trniter Location—lf trailer needs to be relocated to the north end of the building the
cost to extend ttte power and water to this location adds:
$ i bs 10. , lax
Excludes: Permit cost,Engineering/Architectural fees, Landscape design, Remscnlladon
of t7ag pole,exterior lighting, phone relocation.
Please contact me with any tluestionS.
13(,,st Reeards,
Todd Hmlwann
3.)
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 27, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: August 6, 2012
From: Kelly Peterson, AICP, Environmental Conservation Supervisor
John Sizemore, Cross Connection Control Inspector
Through: Tim LaPorte P.E., Public Works Director
Michael Mactutis, P.E., Environmental Engineering Manager
Subject: Information Only/Cross Connection Control Program
Item - 4
Motion:
Information Only/No Motion Required
Summary:
Washington State law requires water systems to implement a cross connection
control program to prevent used or contaminated water from backing into municipal
water distribution systems. Formal cross connection requirements have been
adopted into Kent City Code to meet state law. These codes are designed to protect
the health of consumers receiving water from the city.
Washington State law requires the City to adopt a Cross Connection Control
Program. In Kent, a Water Use Survey is used to identify the highest potential
hazards and prioritize required inspections. Through the inspection process, some
businesses may be required to install devices that protect the municipal supply from
domestic water supply lines and/or dedicated fire lines. Properties with more than
one domestic water supply connection or business may be required to have multiple
devices to protect the municipal water supply.
Back flow protection assemblies are required to be tested annually by a certified
back flow assembly tester. Owners hire qualified contractors to complete the tests
and submit annual reports to the City. This program covers the water service area
in the City of Kent, which includes approximately 14,000 connections and over 3000
backflow assemblies.
Budget Impact:
Property owners with facilities that require water backflow prevention devices pay a
fee to the City for tracking and inspection. This fee does not cover the entire cost of
the Cross Connection Program; however, the program is required by State law to
protect the entire water system and is therefore, funded through water rates.
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47
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 27, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: August 6, 2012
From: Kelly Peterson, AICP, Environmental Conservation Supervisor
Through: Tim LaPorte P.E., Public Works Director
Michael Mactutis, P.E., Environmental Engineering Manager
Subject: Information Only/Giant Sandbag Removal — Update
Item - 5
Motion:
For Information Only/No Motion Required
Summary:
In January 2009, a storm impacted the integrity of the Howard Hanson Dam which
caused the Corps of Engineers to limit its storage capacity. As a result, the King
County Flood Control District and the Green River Valley cities installed flood
protection measures due to the increased potential of flooding from the Green River.
Within the city of Kent over 18,000 giant sandbags were installed on top of nearly
12 miles of levees along the Green River.
With the Howard Hanson Dam fixed and operating at full capacity, giant sandbags
throughout the Green River Valley are being removed. Sandbag removal began on
July 10, 2012, in Kent.
As of July 27, 2012, the contractor had removed 6,749 sandbags and has averaged
over 500 bags per day. Updated numbers, and a map of the sandbags removed will
be provided at the August 6 Public Works Committee Meeting.
Budget Impact:
None
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49
ITEM # 6
INFORMATION ONLY
Water Source - Update
Sean Bauer, Interim Water Superintendent
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51
ITEM # 7
INFORMATION ONLY
Levee Update
Tim LaPorte, Public Works Director