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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 07/01/2013 (3) I Public Works Committee Agenda Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair • KEN T July 1, 2013 4:00 P.m. Item Description Action Speaker Time Pace 1. Approval of Minutes Dated June 17, 2013 YES None 03 03 2. Washington Traffic Safety Commission School YES Debra Leroy 10 09 Zone Beacon/Lighting - Grants 3. Goods &Services Agreement/Graybar - YES Mike Sorenson 05 23 Street Light Restoration Project 4. State Route 516 to S 231s' Way Levee Project YES Beth Tan 10 25 - North Reach Interlocal Agreement with the King County Flood Control District 5. Consultant Services Agreement/ESA - YES Beth Tan 10 39 National Flood Insurance Program Biological Opinion Compliance 6. SE 2561h Street (between 1161h Ave SE and YES Tim LaPorte 15 45 1041h Ave SE) - Resolution 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. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. Committee Members Present: Committee Chair Elizabeth Albertson and Committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:04 PM. Item 1 — Approval of Meeting Minutes Dated June 3, 2013: Committee member Ralph MOVED to approve the minutes of June 3, 2013. The motion was SECONDED by Committee member Higgins and PASSED 3-0. Item 2 — Information Only/Recycling & Kent Litter Free Event Summary: Gina Hungerford, Conservation Coordinator gave a summary of Kent events that the city hosted: Recycling Event/Recycled Content Products Sale for Residents June 1, 2013: Record number of vehicles 1,245 91 Tons of recyclable items 21,000 Pounds of paper shredded by Shred It 11,000 Batteries collected 82 Composters sold 66 Rain barrels sold 63 Worm Binds sold The recycling event was paid for by grants from King County's Solid Waste Division, Local Hazardous Waste Management Program and Washington State Department of Ecology. Hungerford noted that on June 8, the city hosted the first "Litter-Free Kent Event" and gave a big "Thank You" to the many great volunteers that care about their community and are willing to give up of their time to roll up their sleeves and make a difference. A big thank you was also given to the many businesses in Kent that donated to this year's Litter Free Kent Event. The next recycling event will take place at Russell Road Park on October 19, 2013. Information Only/No Motion Required Item 3 — Puget Sound Energv Conversion-Schedule 74 Design Agreement for SR 516 to South 231" Way Levee Proiect: Environmental Engineering Manager, Mike Mactutis sat in for Beth Tan who was unable to attend the meeting. Mactutis noted that the location of the levee along the Condominium Associations of Bridgewater III, Bridgewater IV, and Regatta at the 4 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. Lakes need to be reconstructed and will require relocation of overhead utilities to underground. The Puget Sound Energy (PSE) design agreement provides for design of the power conversion of underground. Tan noted that the conversion of PSE is governed by Schedule 74 Tariff G which is administered by the Washington State Utilities and Transportation Commission. Pursuant to the tariff PSE will pay 60% of the conversion and the city will pay 40%. LaPorte noted that the power lines will be relocated underground and that staff is proposing that the cost will be shared by the King County Flood Control District. There will be no cost to the Lakes area homeowners. Committee member Higgins MOVED to recommend Council authorize the Mayor to sign a Design Agreement for the State Route 516 to S. 2315t Way Levee Project in an amount not to exceed $20,000 upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 4 — 112th Avenue Watermain — Joint Utility Trench Agreement with CenturyLink: Mark Howlett, Design Engineering Manager noted that the city's 112th Avenue Watermain project will include installation of 900 feet of new watermain and conduit within SE 236th Place. Howlett stated that this is a sub-project of the 640 Zone. CenturyLink has a need to install additional infrastructure within this roadway and would like to do so in partnership with the city's project. By entering into this agreement with CenturyLink it reduces the overall impact to neighbors and reduces the cost of completing the work as separate projects. The project is scheduled to go out to bid in the next week or so. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Joint Utility Trench Agreement with CenturyLink for the installation of CenturyLink infrastructure as part of the 112th Avenue Watermain project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 3-0. 5 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. Item 5 — Central Avenue South Pavement Preservation Acceptance of Federal Grant: Design Engineering Manager, Mark Howlett stated that the pavement along South Central Avenue between Willis Street and the South Central Bridge is in need of repair. Because of the progressed deterioration of Central Avenue, this arterial will require a reconstruction rather than a simple overlay. This will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the Design Phase of the Central Avenue South Pavement Preservation Project. Acceptance of this grant will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future funding opportunities. LaPorte stated this will take us to 100% design completion and includes Environmental Permitting and Design. Committee member Higgins MOVED to recommend Council authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the Design Phase of the Central Avenue South Pavement Preservation Project and direct staff to establish a budget for the funds, subject to final terms and condition acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 6 — SE 256th Improvements — Puget Sound Energy Project Construction Agreement: Design Engineering Supervisor, Mark Madfai noted that as part of the SE 256th Street Improvement project, the City requires undergrounding of the existing overhead utility lines, consistent with Kent City Code Chapter 7.10. Madfai combined his discussion to include items 6, 7 and 8. He stated the owners of these utilities are Puget Sound Energy (PSE), Centuryl-ink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursement of costs for conversion of overhead utilities to underground. 6 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. This agreement is between the City of Kent and Puget Sound Energy; the costs associated with this agreement will be part of the construction costs of the project and are governed by Schedule 74, filed by the Washington Utilities and Transportation Commission. Madfai noted that PSE pays for 60% of the conversion and the city is responsible to pay for the trench. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Project Construction Agreement with Puget Sound Energy for the underground conversion of overhead utilities on the SE 256th St. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 3-0. This item is on the June 18, 2013 Council Agenda under the Consent Calendar. Item 7 — SE 256th Improvements — Joint Utility Trench Agreement with Comcast• Costs associated with this agreement will be part of the construction costs of the project, and are governed by RCW 35.99.060. Comcast will be responsible for 100% of the cost of relocating from overhead to underground. Committee member Higgins MOVED to recommend Council authorize the Mayor to sign a Joint Utility Trench Agreement with Comcast for the underground conversion of Comcast overhead utilities on the SE 256th Street Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. This item is on the June 18, 2013 Council Agenda under the Consent Calendar. Item 8 — SE 256th Improvements — Joint Utility Trench Agreement with CentryLink: Costs associated with this agreement will be part of the construction costs of the project, and are governed by RCW 35.99.060. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Joint Utility Trench Agreement with CenturyLink for the underground conversion of CenturyLink overhead utilities on the SE 256th 7 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. Street Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 3-0. This item is on the June 18, 2013 Council Agenda under the Consent Calendar. Item 9 — Information Only/Neighborhood Traffic Calming — Update: Senior Engineering Technician, Rob Knutsen gave a comprehensive update on the neighborhood traffic calming program throughout the city. He went over Phase I and Phase II of the Residential Neighborhood Traffic Calming Program (RNTCP). Knutsen then gave a brief update on the following neighborhoods that are in Phase II of Program: SE 223rd Drive/SE 224th St between 116th & 132nd Ave SE 100th Ave S south of S 208th St 42nd Ave S west of Reith Road Knutsen noted that it takes between 6-8 weeks to complete Phase I and that he is working with several neighborhoods to complete their Phase I studies. For more information about the RNTCP you can contact Rob Knutsen at rknutsen@kentwa.gov. Information Only/No Motion Required Item 10 — Information Only/Bridge Report: Public Works Director, Tim LaPorte sat in on behalf of Dave Brock who was ill. LaPorte presented photographs of the 21 roadway and 6 pedestrian bridges of varying age and condition that the city is required to maintain. He noted that pursuant to federal requirements, the city conducts bi-annual inspections of its roadway bridges. Information Only/No Motion Required Item 11 — Information Only/Citizen Committee Overview: Senior Transportation Cathy Mooney provided and overview of citizen committees utilized in the last decade to provide input on transportation projects and attendant funding methods. 1. 2006 Transportation Master Plan (TMP) Task Force was formed with 25 members from a cross section of users. 8 PUBLIC WORKS COMMITTEE MINUTES June 17, 2013.. 2. 2011 TMP Advisory Ad Hoc Committee, Chair was Mike Miller the group met for 2 months and gave Council their recommendations. 3. 2012 Transportation Advisory Committee 4. 2012 Joint Parks & Public Works Voted-Levy Planning Committee also met with the Kent Chamber of Commerce and the Neighborhood Committee. Information Only/No Motion Required The meeting was adjourned at 5:20 p.m. Cheryl Viseth Council Committee Recorder 9 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director v Kt=NT Phone: 253-856-5500 ,;„„.,o„ Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Date: July 1, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 1, 2013 From: Debra LeRoy, Research and Development Analyst, Police Department Through: Kenneth E. Thomas, Chief of Police SUBJECT: Washington Traffic Safety Commission School Zone Beacon/ Lighting - Grants MOTION: Move to recommend Council accept the Washington Traffic Safety Commission grant awards in the amounts of $15,000 and $7,500 and establish the budget. Summary: The grant funds will be used to purchase school zone flashing beacon/lighting assemblies for Emerald Park Elementary and Pinetree Elementary Schools. Exhibits: WTSC award letters dated June 17, 2013. Budget Impact: No immediate impact. Ongoing maintenance is performed by Public Works - Transportation Engineering staff. 10 This page intentionally left blank. 11 .y s � ��W A S H I N G T O N -affic Safety SCHOOL ZONE - FLASHING LIGHTS PROPOSAL Advertising Procedures This proposal is being sent to a statewide list of prospective constituents, Washington Traffic Safety Commission PO Box 40944, Olympia, WA 98504-0944 Phone: 360.725.9883 FAX: 360.586.6489 School Zone Flashing Lights Grants Kathy Droke, Grant Manager kdroke @wtsc.wa.gov Section 1 Authorization Applicant agency/organization: City of Kent Name of school/school district: Emerald Park Elementary/Kent School District Applicant project director: Debra LeRoy Research Development AnalVst Name Title 220 4lh Avenue S Kent 98032 dleroy(cDkentwa gov 253-856-5856 Address City, Zip E-mail Telephone Applicant agency/organization authorizing official (person with contracting authority if different than above): Suzette Cooke Mayor Name Title Address, "ifferent than ,(�ve City, Zip E-mail Telephone i' Signature Date WTSC Use Only: Grant Manager: Kathy Droke Planned Project Duration: From: July 1, 2013 To: June 30, 2014 Approved by Name: Darrin i G o 1 Title: Director Signature_ f �� Date: 'S 3 3 `� 12 Washington Traffic Safety Commission Section 2 Description of Activity 1. Please describe the proposed site(s) selected for the school zone flashing beacons. Describe the roads (i.e. lanes, markings, control devices, speed limit). Emerald Park Elementary School, 11800 SE 210,Kent is located on SE 216'h,a two lane residential collector with curb and gutter sidewalks on both sides of the street.The speed limit is 25 MPII. The school zone speed limit is posted on SE 2166' and 116 Ave SE.An adult crossing guard is deployed at both marked,designated school crossings on SE 216a'and 116d Ave SE at bell times, The SE 216`h/I 16d'Ave SE intersection is controlled by a traffic signal. The speed limit along 116'h is 35 MPH. We propose to install flashing beacons on both SE 2160i and 116 Ave SE, a two lane,minor arterial to address speeding/inattentive motorists driving where students walk and bike to and from school. Refer to the attached map. 2. Please include information for the following data points regarding the respective school zones you are requesting this grant for. Please use the following table format for EACH school zone. 116`h Ave SE school zone 2012(January to December) Average Speed 34.4 Average Daily Traffic(ADT) _ 10,543 '.. Fatalities 0 Serious Injuries 0 Number of Students Attending School 502 Number of Students that Walk or Bike to School 92 (of 198 surveyed) SE 216°i school zone 2012(January to December) Average Speed 30.6 MPH Average Daily Traffic (ADT) 2,125 vehicles Fatalities 0 Serious Injuries 0 Number of Students Attending School 502 Number of Students that Walk or Bike to School 92 (of 198 surveyed) 7 13 3. Please provide the proposed schedule for the following milestones? Date Hardware ordered 7/30113 Date Hardware received 9/17113 Date Installation scheduled 9/23113 _ Date Installation completed 10/31/13 Invoice submitted 11/15/13 Final Report 2128/13 The City of Kent is an eligible applicant for this funding. City police and public works staff met with the Kent School District Transportation Manager to discuss traffic safety needs in elementary and middle school zones. This work group prioritized two elementay schools that could benefit from flashing beacons to slow down motorists and encourage students to walk and bike to school. Prioritization criteria included motorists' behavior, existing infrastructure and opportunity to increase students walking and biking to school. Emerald Park is located on the east hill of Kent. No clear drop off /pick up procedure was observed at Emerald Park. Parents also park along SE 216th to await their children. Many parents drive to pick up their children. This leads to a very congested parking lot and school zone. . A few parents were observed walking to school to pick up their child. Many motorists turn from 116thAve SE onto SE 216th to reach the school. The speed limit on 116th is 35 MPH. This can cause motorists to speed on 216th, in front of the school. Installing flashing beacons on both SE 216th and 116th Ave. SE will impress motorists to slow down for both school zones. Students' safety at both of these schools will improve with the installation of school zone flashing beacons. (Refer to attached map.) The Kent Police Department has successfully managed school zone flashing beacon projects since 2006. The police department and public works staff established a process that works well to ensure that the equipment is installed and operational within the required timeline. The city traffic engineering and police traffic unit support evaluating the effectiveness of the project and compiling data for the final project report. The City's Public Works Department will continue to successfully maintain the school zone flashing beacon signs. The Public Works and Police Departments coordinate gathering and reporting relevant traffic data. The responsible contact for this grant project is Debra LeRoy, Research and Development Analyst in the Police Department. Debra can be reached at 253-856-5856 or via email dleroy@kentwa.gov. s 14 Washington Traffic Safety Commission Section 3 Budget Summary Provide a budget summary of the project. Amount Requested Equipment: (Up to $7,500.00 per school zone) Zone 1 116th Ave SE zone $ 7,500.00 Zone 2 SE 216th zone $ 7,500.00 (If applicable) Zone 3 $ I (If applicable) Zone 4 $ (If applicable) (Projects are not limited to 4 zones.) TOTAL REQUESTED: $ 15,000.00 9 15 SI_212%PINry. IT haFe F 41 � h m m m g. n ro 1 m C=!.eNrJJ Fa+k ` Ekl�@nary � I N h St n` a iv c m n m _ m 51';b[t v1z9A SE 2161h S1 SE 21ft St �r1raFPr�eix��15 � i Qm�,tlme C+umh dhl Q SE 217(h 81 n1 y _� SC 217M$1 #kA P<iaP�l 13 tir rh a m PatAal+.pirl Jrn .m c� s SE 217(h PO SE 21U)PE 02013 Google Map data©2013 Google 16 This page intentionally left blank. 17 ❑ 71 c Safety N, SCHOOL ZONE - FLASHING LIGHTS PROPOSAL` ';, ttr Advertising Procedures This proposal is being sent to a statewide list of prospective constituents. Washington Traffic Safety Commission PO Box 40944, Olympia,WA 98504-0944 Phone: 360.725,9883 FAX: 360.586.6489 School Zone Flashing Lights Grants Kathy Droke, Grant Manager kd roke(cwtsc.wa.gov Section 1 Authorization Applicant agency/organization: City of Kent Name of school/school district: Pinetree Elementary/Kent School District Applicant project director: Debra LeRoy Research Development Analyst Name Title 220 4th Avenue S Kent 98032 dleroyCo)kentwa.gov 253-856-5856 Address City, Zip E-mail Telephone Applicant agency/organization authorizing official (person with contracting authority if different than above): Suzette Cooke Mayor Name Title j Address,-if different than above j,.j City, Zip E-mail Telephone Signature ;bate 1 i ..____*wwwwwwxwwwwxwwwwwxwwxwwwwwwwwwwwwwww:rwxwwwwwwwwwmw+xxwx<+wwwwwwwwwwwwwwwwwwwzwwwxxxxxww++++wwwwwwwwwwwwwwwww W"fSc Use Only: Grant Manager: Kathy Droke Planned Project Duration: From: July 1, 2013 To: June 30, 2014 Approved by Name: Darri� Title: Director Signature'- '�7 , Gn Date: .5I3r Or 6 18 Washington Traffic Safety Commission Section 2 Description of Activity 1. Please describe the proposed site(s) selected for the school zone flashing beacons. Describe the roads (i.e. lanes, markings, control devices, speed limit). Pinetree Elementary School,27825 118"Ave SE, Kent is located along 118"Ave, a two lane residential collector with wide,paved shoulders on both sides of the street. The speed limit is 25 MPH.The school zone speed limit is posted on 118t'and 277`"Place.The school parking lot can be entered from or exited to 277`' Pl. or 118"Ave SE. An adult crossing guard is deployed at the marked,designated school crossing on 118°i Ave SE. We propose to install the school zone flashing beacons on westbound 277" Pl. and northbound 119"' (within one school zone)so they are visible to motorists driving toward the school parking lot enhance from either street. Refer to the attached reap. 2. Please include information for the following data points regarding the respective school zones you are requesting this grant for. Please use the following table format for EACH school zone. 118"Ave SE/277a' Place school zone 2012 (January to December) Average Speed 27 MPH Average Daily Traffic(ADT) 625 vehicles Fatalities 0 Serious Injuries 0 Number of Students Attending School 491 Number of Students that Walk or Bike to School 18(of 190 surveyed) I 3. Please provide the proposed schedule for the following milestones? Date Hardware ordered 7/30/13 Date Hardware received 9117/13 Date Installation scheduled 9/23/13 Date Installation completed 10/31/13 Invoice submitted 11/15/13 Final Report 2/28/13 The City of Kent is an eligible applicant for this funding. City police and public works staff met with the Kent School District Transportation Manager to discuss traffic safety needs in elementary and 7 19 middle school zones. This work group prioritized two elementary schools that could benefit from flashing beacons to slow down motorists and encourage students to walk and bike to school. Prioritization criteria included motorists' behavior, existing infrastructure and opportunity to increase students walking and biking to school. Pinetree Elementary is located on the east hill of Kent. The Kent Police Department conducted observational studies at these schools during bell time. The majority of students at Pinetree are bused to school. Six school buses were observed arriving at the school on the morning of the observational study. Motorists were observed speeding around the corner from I W' to 2770 Place. Students walking to school walk around this corner on a shoulder to the designated school crossing with an adult crossing guard. This crossing is just south of the corner where motorists were observed speeding. (Refer to the attached map.) The Kent Police Department has successfully managed school zone flashing beacon projects since 2006. The police department and public works staff established a process that works well to ensure that the equipment is installed and operational within the required timeline. The city traffic engineering and police traffic unit support evaluating the effectiveness of the project and compiling data for the final project report. The City's Public Works Department will continue to successfully maintain the school zone flashing beacon signs. The Public Works and Police Departments coordinate gathering and reporting relevant traffic data. The responsible contact for this grant project is Debra LeRoy, Research and Development Analyst in the Police Department. Debra can be reached at 253-856-5856 or via email dieroy@kentwa.gov. I I 8 20 Washington Traffic Safety Commission Section 3 Budget Summary Provide a budget summary of the project. Amount Requested Equipment: (Up to$7,500.00 per school zone) Zone 1 1181h Ave SE/2771h PI. school zone $ 7,500.00 Zone 2 $ (If applicable) Zone 3 $ (If applicable) Zone 4 $ (If applicable) (Projects are not limited to 4 zones.) TOTAL REQUESTED: $ 7,500.00 III 9 21 m j T; w iN m Tviln Ito)e,� Sr:fldrlrr { SE 27-1 SE 277th 1'I CX E+ire,YrHr Pm School m+p * ❑�Cn SF 1800151 SE 280th Si '.. m y ry m @2013 Google Map data 82013 Goo01e.'I zz This page intentionally left blank. 23 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: June 20, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 1, 2013 From: Steve Mullen, P.E., Transportation Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Goods and Services Agreement/Graybar — Street Light Restoration Project Motion: Move to recommend Council authorize the Mayor to sign a Goods and Services Agreement with Graybar, in an amount not to exceed $41,760.02 for street light poles and arms, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: In accordance with the City's Administrative Procurement Policy 1.1.4B, the Transportation Engineering section solicited written bids for street light poles and arms to be used to restore knocked down lights in the City. Graybar was the lowest responsible bidder. Consolidated Electrical Distributors, Inc. (CED), a local business, submitted a bid that was $3,982.51 (9.54%) higher than that of the lowest responsible bidder. Delivery times and products were comparable for the three lowest responsive bids. Consistent with RCW 43.19.1911, Public Works staff recommends award of the contract to the lowest responsible bidder, Graybar. Bids were received from the following four companies (bid amounts include sales tax): 1. Graybar Seattle $41,760.02 2. Tacoma Electric Tacoma $42,804.65 3. North Coast Seattle $43,991.63 4. CED Kent $45,742.53 Assuming this contract is awarded in July, we anticipate delivery of the poles in October with installation completed by the first quarter of 2014. Budget Impact: There are no unbudgeted fiscal impacts. The pole order will be paid via the B&O Tax revenues. 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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: June 12, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 1, 2013 From: Beth Tan, P.E., CFM, Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: State Route 516 to S. 2315t Way Levee Project - North Reach Interlocal Agreement with the King County Flood Control District Motion: Move to recommend Council authorize the Mayor to sign the Interlocal Agreement with the King County Flood Control District to receive reimbursement for improvements to the State Route 516 to S. 2315t Way Levee - North Reach Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The SR 516 to S. 231't Way Levee adjacent to the Lakes Community requires improvements to meet the federal standards for accreditation. The attached interlocal agreement describes the responsibilities and procedures between the King County Flood Control District and the City for the construction effort on the SR 516 to S231st Way - North Reach Levee Project (also known as the Russell Road Upper Levee - North Reach) using Flood Control District Funds. This agreement was approved by the King County Flood Control District Executive Committee in their June 25, 2013 meeting. This levee is along the Condominium Associations of Marina Pointe and River Place at the Lakes. Construction includes a 1,200 foot, secondary levee. Budget Impact: Under this agreement, the City is allowed to spend up to $1,500,000. The Flood Control District has $3.7-million in budgeted funds for the Russell Road Upper levee. 26 This page intentionally left blank. 27 AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Russell Road Upper Levee—North Reach River Mile 19.5 to 19.8, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Russell Road Upper Levee — North Reach, River Mile 19.5 to 19.8, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington ("District") (collectively, the 'Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Russell Road Upper Levee — North Reach ("Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing a new secondary earthen levee described and shown in Exhibit A as part of a longer term plan for a setback levee in this area. The secondary levee project will hereafter be referred to individually as "Project" or "Levee Project". The Levee Project is planned for construction from 2013 through 2014. C. The District desires to authorize and the City desires to construct the Project as soon as possible, in order to provide for the safety of the residents and businesses that are protected by this levee. D. By Resolution FCD2012-09.3, adopted on November 5, 2012, the District Board of Supervisors determined that the flood control improvements included in that resolution generally contribute to the objectives of the District's comprehensive plan of development. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project. E. The City estimate for construction of the Levee Project is $1,500,000. The District has not reviewed or analyzed this City estimate. F. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project. 1 Upper Russell—North Reach(RB/WLR/Kent) 2s G. The Parties desire to complete future additional improvements of the overall Upper Russell Road Levee in a setback alignment and the City agrees to work with the District and/or King County to convey any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8-P to the King County Surface Water Design Manual. These improvements shall include the upstream and downstream ends of this Project, where the District's eventual setback alignment is landward of the transition sections. AGREEMENT Based upon the foregoing,the Parties agree as follows: 1. Incorporation of Recitals Scope of Agreement. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design, construction, installation, operation, maintenance and repair of improvements to the Levee, as those terms are defined in the recitals above. 2. Definition of District. Unless provided otherwise in this Agreement, the term "District"hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP. The District reserves the right to terminate this Agreement, and the City shall immediately terminate work; provided, that until substantial completion of the Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget or this Agreement. d. The City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of paragraph 11 below. e. The City shall obtain and convey to the District or King County, as determined by the District, all necessary easements for design, construction of or access to the Levee Project, using the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, or an alternative form approved by the District or King County. The necessary easements shall include a 15-foot maintenance/inspection easement along the 2 Upper Russell—North Reach(RB/WLR/Kent) 29 landward side of the Levee Project. This easement is not required for construction and may be conveyed following completion of construction of the Levee Project. 4. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit B, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that the District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee. 5. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of the Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. At least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attachments and exhibits) for a FEMA Conditional Letter of Map Revision ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 6. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation. 7. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 8. Contracts for Levee Work. Upon execution of a contract for construction of a Levee Project,the City shall send a copy of the contract to the District. 9. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for the Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, construction and inspection of the Project sufficient to meet state audit standards for a capital project, recognizing that the costs of the Project are paid for in whole or in part by the City and the District. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 10. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and 3 Upper Russell—North Reach(RB/WLR/Kent) 30 construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 11. District Costs and Expenses. The total cost to the District of the Project shall not exceed $1,500,000 without prior authorization of the District. 12. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after July 8, 2013 for right-of-way acquisition, construction and inspection of the Project. The requests shall be in a form and shall contain information and data as is required by the District. b. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request in order to determine whether they are reimbursable and payable under this Agreement. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. C. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall provide reimbursement as provided in this section 12. 13. Levee Warranty. The City shall warrant the materials, work and function of the Project for five (5) years after the City's acceptance of construction of the Project. 14. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with the Project. 15. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement shall not have a detrimental effect on other segments or reaches of the Green River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) 4 Upper Russell—North Reach(RB/WLR/Kent) 31 conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21A.24.230 through 21A.24.260 of the King County Code. 16. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until the Levee Warranty expires. 17 Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 18. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. If such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 19. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete 5 Upper Russell—North Reach(RB/WLR/Kent) 32 indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 20. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 21. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 12 above, submittal of all relevant information and data to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. C. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 21. 22. Trail Design. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 23. Entire Agreement Amendment. This Agreement, together with its Exhibits A and B, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits,this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed 6 Upper Russell—North Reach(RB/WLR/Kent) 33 sufficiently given if sent to the address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Suzette Cooke Its: Mayor Its: Board Chair DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney Legal Counsel 7 Upper Russell—North Reach(RB/WLR/Kent) 34 EXHIBIT A Description of the Russell Road Upper Levee- North Reach Improvements The North Reach of the Russell Road Upper Levee is located along the right bank (easterly side) of the Green River between S 233`d Place and S 237 b Place, (see Figure 1). The Russell Road Upper Levee segment protects properties within the cities of Kent, Tukwila and Renton. Multi- family residences and single family residences are located adjacent to the levee. The North Reach Levee, approximately 1,290 linear feet, does not meet slope and stability requirements and needs improvement to meet FEMA accreditation standards. This section of levee is located between RM 19.5 and 19.8. This section of levee is on the outside of a sharp bend in the river and has indications of minor slumping of soils. The North Reach Levee will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event. This proposal allows for future re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the secondary levee is constructed. In areas where secondary levees are installed, mid slope terraced areas or benches may be constructed where feasible and native vegetation will be planted above the ordinary high water line as part of a future phase after the North Reach Levee is constructed. 8 Upper Russell—North Reach(RB/WLR/Kent) 35 EXHIBIT B Levee Inspection, Maintenance, Operation and Repair 1. The Levee shall be maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor) which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: • Require minimal maintenance over the long term, • Ensure that flood or channel migration risks are not transferred to other sites, • Protect or enhance aquatic, riparian and other critical habitats, and • Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained in grass cover. 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. 7. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 8. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall be inspected by the District prior to leaf emergence each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of 9 Upper Russell—North Reach(RB/WLR/Kent) 36 fall rains and seasonal high flows, and during and immediately following flood events at Phase III(9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embankment in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the neat low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 10 Upper Russell—North Reach(RB/WLR/Kent) 02-7 \ \ EXHIBIT THE NORTH REACH-RUSSELL ROAD UPPER LEVEE IMPROVEMENTS PROJECT CONSISTS OF \ �QB CONSTRUCTION OF A LEVEE NEAR 233RD PL AND I \\�0 51ST AVE S. FOR IMPROVED FLOOD PROTECTION, CERTIFICATION AND ACCREDITATION ON THE RIGHT BANK OF THE GREEN RIVER IN KENT, WA.� At 1 19 � r PROPOSED LIMITS OF CONSTRUCTION � �JI j� A/!i ?� f %A" i +,,WM 19 f ' ` / kq FLO�j EXHIBIT A RUSSELL ROAD UPPER LEVEE m �.ffiy NORTH REACH LINT LOCAL ItAG IEF- F- T CITY OF KENT - ENGINEERING DEPARTMENT • 100 W. GOWE ST KENT. WA. 99032 ��_ G9llecin,%n4lnAr Pi ICCFI PD I FVFF%d—n FYHIH[T G d— r,1111n14 YM40 PIS �-� 38 This page intentionally left blank. 39 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: June 13, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 1, 2013 From: Beth Tan, P.E., CFM, Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with ESA - National Flood Insurance Program Biological Opinion Compliance Motion: Moved to recommend Council authorize the Mayor to sign an amendment to the ESA Contract for the National Flood Insurance Program Biological Opinion Compliance in the amount not to exceed $7,399 upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: In September 2008, the National Marine Fisheries Service (NMFS) released a Biological Opinion on the effects of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) throughout Puget Sound. The NMFS stated that the NFIP was considered a 'take' of endangered species within the Puget Sound because it allowed for development of areas affecting Green River fish habitat. As members of the NFIP, the City of Kent must be in compliance with the Biological Opinion and must show that development will not constitute a 'taking' of endangered species. In 2011, the city contracted with an environmental sciences firm called ESA to review the city's existing environmental and land use regulation to ensure they comply with the NFIP Biological Opinion. The City submitted a compliance checklist and reference materials to FEMA in August 2011, and received comments and recommendations on February 26, 2013. This proposed scope of work is to respond to FEMA's comments and is in addition to the original contract with ESA. The cost for additional services is estimated to be $8,349. There is $950 remaining in our current contract. An amendment of $7,399 is requested to complete the work in addition to the original contract of $47,600, for a total contract amount not to exceed $54,999. Budget Impact: There will be no unbudgeted fiscal impacts. This contract will be paid through the stormwater utility fund. 40 This page intentionally left blank. Ijjp i,O/A 5309 Shilshole Avenue NW 4 M l r,::m 1 Suite 200 Seattle,WA 98107 206.789.9658 lohnnua 206.789.9684111, memorandum date June 12, 2013 to Beth Tan,P.E., CFM Mike Mactutis,P.E., CFM Environmental Engineering, City of Kent from Aaron Booy and Teresa Vanderburg subject Proposal for Responding to FEMA Comments on the City's National Flood Insurance Program Biological Opinion Compliance Checklist In 2011,ESA assisted the City of Kent(City) in reviewing current Best Available Science and existing environmental and land use regulations within riparian and floodplain areas to ensure compliance with the National Flood Insurance Program(NFIP) Biological Opinion. The City submitted a Compliance Checklist and companion materials to the Federal Emergency Management Agency -Region X (FEMA) in August 2011. The City of Kent received comments and recommendations from FEMA on February 26, 2013, and participated in a meeting with FEMA to discuss comments and recommendations on May 22, 2013. We have reviewed FEMA recommendations and considered discussion and additional guidance from the meeting with FEMA;the following provides an approach to address FEMA comments and move the City towards programmatic NFIP compliance. ESA will update the Compliance Analysis to address all FEMA comments and recommendations. The comment letter and meeting discussion detailed several issues that must be resolved before FEMA can approve programmatic compliance; specially the following BiOp Compliance Checklist Performance Standards: • 1 —pertaining to the definition of development; • 2(a)—pertaining to Riparian Habitat Zone(RHZ) dimensions and the necessity for a"delta analysis" consistent with FEMA guidance dated January 2012; • 3(a and b)—requiring that the 10-, 50-, and 100-year floodplain elevations be included in development proposals, and shown on notice on title; • 4(a,b, c, and e)—addressing several general development standards, including requiring low impact development(LID) stormwater approaches and a 10% impervious surface standard for new development throughout the floodplain; and • 5(b, c, and f)—addressing several habitat protection standards, including requiring a maximum of 65 percent native vegetation removal for any development site within the floodplain,restrictions on development within the RHZ, and requiring a 15-foot building setback from the edge of the RHZ/ floodway/CMZ. Based on discussion and guidance from the May 22°a meeting, several Performance Standards recommendations will be addressed by providing additional information on the City's existing floodplain mapping and regulatory approach and/or minor changes to floodplain development standards (Performance Standards 1,3a,3b,4b). For these updates,ESA will identify and include all necessary additional information in the updated Compliance Checklist 42 Remaining recommendations will require targeted GIS-based analysis and compliance documentation to provide FEMA with assurance that the City's regulatory approach is consistent with the BiOp and FEMA's BiOp guidance. ESA will work with the City to complete this analysis through four additional tasks(Tasks 1—3 were included our original contract): Task 4:ESA will update the Compliance submittal materials to clearly document how analysis provided in the Best Available Science Issue Paper meets FEMA's"Delta Analysis" guidance for the RHZ1. ESA will identify areas where limited additional GIS-based analysis is needed to meet FEMA's Delta Analysis guidance. All Delta Analysis results will be provided in a clear and concise format that is verified as adequate by FEMA;preliminary Delta Analysis completed for one area of the City's floodplain will be provided to FEMA for review and comment before analysis is completed for the remainder of the City. The "Delta Analysis"will address comments on compliance with Performance Standards 2a, 4a, 4e. and 5c. Task 5:ESA will identify properties where new floodplain development could result in new impervious surfaces exceeding 10% of the lot areas within the floodplain. This analysis will be provided to further document how existing floodplain development has already resulted in a highly altered floodplain landscape, with altered land cover and impervious surface common in many areas (as documented in the existing Best Available Science Issue Paper). For areas where increase in impervious surface is anticipated, ESA will coordinate with the City to identify strategies for limiting impervious surface creation or providing mitigation. This analysis and documentation will address comments on compliance with Performance Standard 4c. Task 6:ESA will complete analysis and provide additional documentation consistent with FEMA's guidance for vegetation retention. Analysis will document the City's approach for maintaining (or improving)the current baseline condition of native vegetation. ESA will coordinate with the City to determine the assessment approach (whether to consider the floodplain environment, or use a watershed-based approach as detailed by FEMA's guidance). This analysis and documentation will address compliance with Performance Standard 5b. Task 7:ESA will prepare for and participate in three(3) meetings with City staff and/or FEMA Region X to present the new analysis,updated materials, and City of Kent floodplain management consistency. Deliverables: • Updated Biological Opinion Compliance Checklist • `Delta Analysis" documentation,provided in an updated version of the Compliance Analysis Report or as a standalone document. • Results of analysis for impervious surface and vegetation retention performance standards, and companion documentation of how the City's approach is consistent with FEMA guidance. These materials will be provided in an updated version of the Compliance Analysis Report, or as a standalone document Assumptions: ESA anticipates three(3) meetings with City staff and/or FEMA Region X. ESA anticipates providing up to one draft of deliverable materials. Cost Estimate: The cost of these additional services is estimated to be$8,349. There is $950 remaining in our current contract. An amendment of$7,399 is requested to complete this work ESA staff,hours per staff, and cost estimates are provided for each of the proposed tasks in the attached table (Exhibit A). 1 hup://www.fe .cov/national-flood-insurance-procram-mdancered-species-act 2htrp:H/ w.fe .2ov/library/viewRecord.do?id=7039 2 \ ( \ { \ 00 77 � \ ZI ; � co m _ ; ! z § � � > \ cz0 \ \ ! 0 0 i \ q ( f0 = , ! ) - % ¥ / , \ � \ \ \ \ 0 0 / ® � so 0 ( 0 \ � � / §\ 7 | yam 2 (Dj j � { cn 22a a \ } \ 0 44 This page intentionally left blank. 45 PUBLIC WORKS ADMINISTRATION Tim LaPorte, P.E. Public Works Director KEN T 400 West Gowe WASH N G r o N Kent, WA 98032 Fax: 253-856-6500 Phone: 253-856-5500 Date: June 26, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members Special PW Committee Meeting Date: July 1, 2013 From: Mark Howlett, P.E., Design Engineering Manager Through: Chad Bieren, P.E. City Engineer Subject: Proposed SE 256th Street (Kent-Kangley Road to 116th Ave SE) - Resolution Motion: Move to recommend Council adopt a Resolution relating to funding the construction of improvements to S.E. 256th Street, authorizing expenditure of funds from the city's business and occupation (B&O) tax account to complete those improvements, and confirming that all current and future transportation impact fee revenues shall be transferred to the city's B&O tax account until the total amount expended from the B&O tax account to complete the construction of the SE. 256th Street construction project is completely restored. Summary: A summary of this proposed resolution is found in the Recitals A through E in the attached document. 46 This page intentionally left blank. 47 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to funding the construction of improvements to S.E. 256th Street, authorizing expenditure of funds from the city's business and occupation tax account to complete those improvements, and confirming that all current and future transportation impact fee revenues shall be transferred to the city's business and occupation tax account until the total amount expended from the business and occupation tax account to complete construction of the city's S.E. 256th Street construction project is completely restored. RECITALS A. Southeast 256th Street between 116th Ave. SE and 104th Ave. S.E. has been slated for reconstruction and improvement for well over two decades. The city of Kent recently was able to gather sufficient funds to construct the project, which has a total estimated construction cost of approximately $7 million. B. The city intended to fund approximately $2 million of the total construction cost from the formation of local improvement district (LID) 364. The council formed the LID boundary, established and delivered preliminary estimates, and formed LID 364. 1 Funding S.E. 256"' Street Improvements Resolution 48 C. Property owners within the LID boundary, by petition, divested the city of jurisdiction over this LID, effectively terminating the LID, eliminating that funding source, and leaving the S.E. 256th Street project underfunded by approximately $2 million. D. After extensive debate and deliberation, the city council determined to fund the gap caused by divestiture of the LID, in part, through expenditure of the city's business and occupation (B&O) tax revenues, but only on the condition that any revenues expended from the B&O account be restored by transferring all current and future transportation impact fee (TIF) revenues to the B&O account until the TIF amounts transferred equal the total amount expended out of the B&O account to construct the S.E. 256th Street project. E. Accordingly, the city council conditioned its award of the S.E. 256th Street construction contract on the specific condition that all current and future TIF funds be transferred over to the B&O fund until all B&O monies expended from that account to complete the project are fully restored. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — The city council authorizes the expenditure of monies from the city's business and occupation account to fund the gap caused by failure of LID 364 in order to complete construction of planned improvements to S.E. 256th Street between 116th Ave. S.E. and 104th Ave. S.E. 2 Funding S.E. 256`h Street Improvements Resolution 49 SECTION 2, — The city council authorizes this funding from the city's business and occupation tax account on the specific condition that that all revenues expended from the B&O account be restored by transferring all current and future TIF revenues to the B&O account until the TIF amounts transferred equal the total amount expended out of the B&O account to construct the S.E. 256th Street project. SECTION 3, — Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION S. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2013. CONCURRED in by the Mayor of the City of Kent this day of 2013. 3 Funding S.E. 256`h Street Improvements Resolution 50 SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of July, 2013. RONALD F. MOORE, CITY CLERK P:\Civil\I solution\S.E.256.Docx 4 Funding S.E. 256`" Street Improvements Resolution