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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/19/2013 (3) I Public Works Committee Agenda 40 • Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair KENT August 19, 2013 4:00 P.m. Item Description Action Speaker Time Pace 1. Approval of Minutes Dated July 15, 2013 YES None 03 03 2. Information Only/2013 Street Maintenance NO Bill Thomas 05 07 Program - Update Steve Mullen 3. Information Only/2013 Transportation NO Chad Bieren 05 09 Improvement Board (TIB) Grants - Update 4. South County Area Transportation Board YES Cathy Mooney 05 11 Agreement 5. Limited Use Agreement with Zayo Group, LLC YES Chad Bieren 05 21 6. Information Only/Lower Russell Road Levee NO Alex Murillo 10 43 Work 7. Information Only/ Clark Springs - Landsburg NO Kelly Peterson 05 45 Mine and HCP - Update 8. Information Only/Water System - Update NO Sean Bauer 15 47 9. SE 2561h Street Improvements - Public Right YES Mark Madfai 05 49 of Way Dedication 10. Information Only/September 2, 2013 Public NO -- 05 65 Works Committee Meeting - Cancelled Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE MINUTES July 15,. 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 4:00 PM. Item 1 - Approval of Meeting Minutes Dated July 1, 2013: Committee member Higgins MOVED to approve the minutes of July 1, 2013. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 - Contract/Wetland Monitoring - Johnson Creek, S 228th St. Proiect & Meridian Valley Creek: Matt Knox, Environmental Ecologist explained that when critical areas such as streams or wetland are impacted, restored or enhanced permits are required to monitor the mitigation area caused by these projects, for up to 10 years. Knox stated that several city projects are in the monitoring phase, after receiving permits to impact wetlands. Knox went on to explain that the following sites have varied monitoring guidelines depending on the regulatory agency involved; the 228th Street Extension (Veterans Drive), Johnson Creek Restoration and the Meridian Valley Creek Enhancement Projects have anywhere from 5 to 10 year monitoring requirements. Environmental Science Associates (ESA) will complete the required monitoring for each location and prepare the necessary reports, including maps and figures for staff to review. The reports will then be submitted to the applicable agencies in order to meet permitting requirements. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Contract with Environmental Science Associates to complete required wetland mitigation monitoring in the amount of $32,765 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. Item 3 - State Grant for Commute Trip Reduction Law Implementation: Senior Transportation Planner, Cathy Mooney gave an informative PowerPoint on the Commute Trip Reduction (CTR) 2013 Program Report the presentation touched on the following: CTR Employees 30 Worksites are required to participate, by law 6 Voluntary worksites participate in the program There are 10,000 employees affected by the CTR law - all together 15,000 1 4 PUBLIC WORKS COMMITTEE MINUTES July 15,. 2013. CTR Employers There are nine employers in Kent that have over 500 employees CTR Techniques - here are some of the most popular Employer provided subsidy for transit, train or van Rideshare - carpool & vanpools Compressed work weeks - Flex schedules Telework Employer - sponsored contests or rewards Kent Commuter Vans 63 Vans originate in Kent and take residents to their worksites outside of Kent 59 Vans arrive at Kent worksites daily Some vans carrying up to 15 people Mooney noted the State CTR Grant is for a two year period and reimburses the City up to $106,007 for overseeing the State CTR law. Committee member Higgins MOVED to authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #GCB1565, for the term July 1, 2013 through June 30, 2015, 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. Item 4 - Emeraency & Public Safety Purchase Authorization: Fleet Superintendent, Ron Green stated that we use the Interlocal Agreement with the State extensively, and that it has been the city's practice to expedite purchase of services, materials, and supplies to repair equipment and put it back in service as quickly as possible. Examples of the equipment that would be covered by this motion include police cars, mowers, construction equipment, Vactor trucks and aerial "bucket" trucks. The city's code requires council authorization for some of these purchases or repairs, but because important public safety equipment is involved, staff is asking for this permission. If the estimated cost to repair a piece of equipment exceeds $60,000, staff will not make the expenditure without first complying with all requirements of the city's procurement code. The cost to purchase and outfit a police cruiser can be close to $60,000; hence, staff asks for approval up to that amount. Committee member 2 5 PUBLIC WORKS COMMITTEE MINUTES July 15,. 2013. Higgins made a friendly amendment to the original motion, see below. Committee member Ralph MOVED to authorize the purchase or repair of fleet vehicles and equipment used for public safety and emergency purposes and to authorize the repair of emergency vehicles and equipment to return them to service as soon as possible without further council or mayoral approval so long as the expenditure is less than $60,000, is consistent with all other procurement requirements is reported to the Public Works Committee at their next regularly scheduled meeting, and is within established budgets 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. Item 5 — Information Only/Street Vegetation Work Plan - Update: Scott Schroeder noted that citizens can go to the city's website and see location maps of where the vegetation mowers are. Schroeder went on to show numerous photographs of areas that the vegetation section is responsible for maintaining. Information Only/No Motion Required Item 6 — Information Only/Solid Waste (Litter) and Adopt a Street Update: Gina Hungerford, Conservation Coordinator talked about the Adopt a Street program, and noted that there are currently 14 active groups that collect litter along various city streets. Due to time constraints, Bill Thomas did not speak at the meeting. Information Only/No Motion Required Item 7 — Information Only/640 Zone Implementation: This item as not discussed at the meeting due to time constraints. Information Only/August 5. 2013 Public Works Committee Meeting — Cancelled It was noted by Committee member Albertson that there will not be a Public Works Committee meeting on Monday, August 5, 2013. Information Only/No Motion Required 3 6 PUBLIC WORKS COMMITTEE MINUTES July 15,. 2013. Added Items• Committee member Higgins noted that there were 13 applications to serve on the Public Facilities District. He requested that Committee members Albertson and Ralph turn in their top 5 choices at the Tuesday, July 16 Workshop. Committee member Albertson stated that she felt the choices should be Focused, Measurable and Targeted. She noted that there are currently 4 white males and 1 African American male serving. She asked Higgins to consider this when making a decision. With our geographic diversity the candidate should live in Kent. Ralph said that when choosing her top candidate she eliminated the names and tallied only by qualifications. The meeting was adjourned at 5:16 p.m. Cheryl Viseth Council Committee Recorder 4 7 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 14, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Bill Thomas, Street Superintendent/Steve Mullen, P.E., Transportation Engineering Manager Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only/2013 Street Maintenance Program — Update No Motion / Information Only Summary: We will present information on our annual asphalt overlay program, and an update of budget expenditures using the B&O funds. Budget Impact: N/A 8 Street Business& Occupation Expenses Actual Estimate 7/31/13 4/11/13 Street Expenses Street Operating Expenses: Asphalt Materials 283,380 200,000 Asphalt Grinding 50,525 64,375 Crack sealing materials 14,587 15,000 Sidewalk Materials 37,153 97,114 Retro-reflective signs 37,908 40,000 Thermo/RPM/sign materials 6,000 10,000 Guardrail repairs 17,617 20,000 Spraying materials 6,500 10,000 Street Project Expense: 2012 Loops 100,409 121,400 (Contract) 2013 Loops 0 125,532 (Contract) 2013 Crack Sealing 182,515 195,300 (Contract) 2013 Thermoplastic 0 226,510 (Contract) 2013 Line Striping 0 120,000 (King Co.) Street Lights 8,700 150,000 Total Street Expenses 745,294 1,395,231 9 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 14, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Chad Bieren, P.E. - City Engineer Through: Tim LaPorte, P.E. - Public Works Director Subject: Information Only/2013 Transportation Improvement Board (TIB) Grants - Update For Information Only / No Motion Required Summary: Transportation Improvement Board (TIB) grant applications for the 2013 cycle are due on August 23, 2013. We are proposing to apply for funds on the following projects: 1) South Central Reconstruction - Willis Street to Green River Bridge 2) 80th Avenue S. - 188th to 196th 3) S. 224th Street Corridor, Phase II - 88th Avenue S. to 94th Avenue S. City and TIB staff met in July to discuss the upcoming grant cycle and updates to the TIB scoring criteria. Based on our meeting, it was determined that the three projects listed have the best combination of need and likelihood of success for a grant. We are still completing the applications and engineer's estimates; however, for discussion purposes we offer the following: South Central $2,000,000 $1,600,000 $400,000 Federal Grant, B&O Fu nd 801h Ave. S. $1,300,000 $1,040,000 $260,000 B&O Fund S. 224th- Ph. II $8,500,000 $5,000,000 $3,500,000 Storm Drainage Funds and potential LID Budget Impact: None. If any of the projects are awarded TIB grants, we will return to the Committee with a project cost estimate and financing options prior to accepting the grant. 10 This page intentionally left blank. 11 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 8, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Cathy Mooney, Senior Transportation Planner Through: Chad Bieren, P.E., City Engineer Subject: South County Area Transportation Board Agreement Motion: Move to recommend Council authorize the Mayor to sign the South County Area Transportation Board Agreement for the period January 1, 2014 through December 31, 2015, with an automatic renewal through December 31, 2017. Summary: The South County Area Transportation Board (SCATBd) is a policy development and planning board comprised of local elected officials. Membership encompasses 16 cities, three transit agencies, the Port of Seattle, nine legislative districts, 691,600 people, 35% of the King County population, and over 300,000 jobs. It includes the largest freight, manufacturing, industrial and distribution center in the Pacific Northwest. It discusses transportation issues of local and regional importance. This SCATBd Agreement would be in effect from January 1, 2014 through December 31, 2015 and would be automatically extended on the same terms for two more years, January 1, 2016 through December 31, 2017. The purpose of this Agreement is to recognize SCATBd as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. This Agreement is different than previous Agreements in the following ways: • Signatories to the Agreement no longer include agencies or organizations outside of King County. • A separate "Procedures" document adopted by SCATBd identifies who may participate as a limited voting member or a non-voting member. The language of the document has been simplified and updated. The Agreement is for a two-year period with an automatic two-year extension. Budget Impact: $100 per year membership dues. 12 South County Area Transportation Board MS: KSC-TR-0814 201 South Jackson Street Seattle,WA 98104-3856 Phone: (206)684-1417 Fax: (206)684-2111 July 24, 2013 The Honorable Suzette Cooke Mayor, City of Kent 220 4th Avenue S Kent, WA 98032 Dear Mayor Cooke: We are writing to transmit the new South County Area Transportation Board (SCATBd) Agreement and request approval by the Kent City Council. The SCATBd approved this Agreement on July 16, 2013 to supersede the current agreement which will expire at the end of this year. This SCATBd Agreement, as well as the agreements for SeaShore and the Eastside Transportation Partnership, was developed by a joint committee composed of the chairs and vice chairs of all three transportation boards. The changes are intended to streamline the agreements and the approval process, allow each board to tailor their procedural items as needed, and reflect the reduced King County staffing levels in the adopted 2013-2014 King County budget. Highlights of the proposed changes for the SCATBd Agreement include the following: • Signatories to the Agreement no longer include agencies and organizations, or jurisdictions not in King County. • A separate Procedures document adopted by the SCATBd identifies agencies, organizations, and other jurisdictions as limited voting members or non-voting members. • Language has been simplified and updated. • The Agreement is for a two-year period with an automatic two-year extension. We would appreciate your help in seeking prompt consideration and action by the Kent City Council and signature by a designated representative. For the purpose of this Agreement, an authorized electronic signature constitutes an original signature. The Agreement with SCATBd member signatures will accompany the ordinance that will be submitted to the King County Council for final approval. You will receive a fully signed copy of the Agreement for your records when the process is completed. We hope that this can be accomplished before the end of the year when the current agreement expires. Algona•Auburn•Black Diamond•Burien•Covington•Des Moines•Enumclaw•Federal Way•Kent•King County•Maple Valley Muckleshoot Indian Tribe•Normandy Park•Renton•SeaTac•Tukwila•Pacific•Pierce County•Pierce Transit•Port of Seattle•Port of Tacoma•Puget Sound Regional Council•South Sound Chambers of Commerce Coalition•Sound Transit•Transportation Improvement Board•Washington State Department of Transportation•Washington State Transportation Commission 13 SCATBd Agreement Request Approval July 24, 2013 Page 2 Following the City of Kent's approval, please notify Paul Takamine, King County Department of Transportation, 201 South Jackson Street, Seattle, WA. 98104. If you have questions, please contact Paul Takamine at 206-684-1417 or paul.takamine(? kingcounty.gov. Thank you very much for your cooperation. Sincerely, Pete Lewis Marcie Palmer Mayor, City of Auburn Councilmember, City of Renton SCATBd Chair SCATBd Vice-Chair Attachment: 2013 SCATBd Agreement cc: Brenda Jacober, Kent City Clerk Algona•Auburn•Black Diamond•Burien•Covington•Des Moines•Enumclaw•Federal Way•Kent•King County•Maple Valley Muckleshoot Indian Tribe•Normandy Park•Renton•SeaTac•Tukwila•Pacific•Pierce County•Pierce Transit•Port of Seattle•Port of Tacoma•Puget Sound Regional Council•South Sound Chambers of Commerce Coalition•Sound Transit•Transportation Improvement Board•Washington State Department of Transportation•Washington State Transportation Commission 14 South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona";the CITY OF AUBURN, hereafter called "Auburn";the CITY OF BLACK DIAMOND, hereafter called `Black Diamond";the CITY OF BURIEN, hereafter called `Burien'; the CITY OF COVINGTON, hereafter called "Covington'; the CITY OF DES MOINES, hereafter called "Des Moines';the CITY OF ENUMCLAW, hereafter called "Enumclaw';the CITY OF FEDERAL WAY, hereafter called "Federal Way'; the CITY OF KENT, hereafter called "Kent'; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley';the CITY OF MILTON, hereafter called "Milton'; the CITY OF NORMANDY PARK, hereafter called"Normandy Park";the CITY OF PACIFIC, hereafter called "Pacific'; the CITY OF RENTON, hereafter called "Renton';the CITY OF SEATAC, hereafter called "SeaTac';the CITY OF TUKWILA, hereafter called"Tukwila";the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County" as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area, NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of this Agreement 1 15 The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non-voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 3.0 Representation and Conduct 2 16 3.1 Representation of city and county members shall be as follows: Full Voting Members Number of Representatives City of Algona 1 City of Aubum 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Nomi andy Park 1 City of Pacific City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one-year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one-year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non-voting members, if any, dues for limited and non-voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summaries. 3 17 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100, and any dues required by limited or non-voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost-sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2015, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2016 and ending no later than December 31, 2017. 9.0 Termination 4 18 All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose,the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 14.0 Entirety and Modifications 5 19 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond By: By: By: Date: Date: Date: City of Burien City of Covington City of Des Moines By: By: By: Date: Date: Date: City of Enumclaw City of Federal Way City of Kent By: By: By: Date: Date: Date: City of Maple Valley City of Milton City of Normandy Park 6 20 By: By: By: Date: Date: Date: City of Pacific City of Renton City of SeaTac By: By: By: Date: Date: Date: City of Tukwila Muckleshoot Indian Tribe King County By: By: By: Date: Date: Date: 7 21 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 14, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Chad Bieren, P.E., City Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Limited Use Agreement with Zayo Group, LLC Motion: Move to recommend Council authorize the Mayor to sign a Limited Street License with Zayo Group, LLC subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Zayo Group, LLC is a private telecommunications company whose service area includes the City of Kent. Zayo has requested that the city grant them a License along several streets to use the public right-of-way to install and operate their telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a license to operate their facilities within city limits. This Limited Street License constitutes a use permit and only grants Zayo the right to operate within Kent's right-of-way for five years. Zayo will still be required to obtain and pay fees for permits to install these facilities. Budget Impact: A one-time fee of $4,611 will be paid by Zayo to cover the city's cost of administering this license. zz LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND Zayo Group, LLC PARTIES THIS LIMITED STREET LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and Zayo Group, LLC ("Licensee"). RECITALS 1. Licensee seeks to operate its telecommunications system in the City of Kent. 2. Licensee has requested that the City grant a permit to use City right- of-way to operate its telecommunications system within the City. 3. The City has agreed to issue this license, which constitutes a telecommunications system use permit under Chapter 35.99 RCW. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date for Licensee to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect a telecommunications system and all related equipment ("Telecommunications System") across, along, in, upon, and under the City's right-of-way ("Property") as shown in Exhibit A ("Existing Property"). A general description of the plans for planned improvements to this Telecommunications System is attached as Exhibit B ("Improvements"). This License is subject to all the terms and conditions established below. 2. Consideration. In consideration of the City's issuance of this License, Licensee shall, at the time of execution of this License, pay to the City a one-time fee of four thousand six hundred and eleven dollars and No/100 ($4,611.00) to cover the costs of administering this License. 3. City Owned Facilities. In accordance with and subject to the requirements of RCW 35.99.070, Licensee shall provide and install conduit (of the same type that License installs for its own use) with pullboxes spaced no more than five hundred (500) feet apart or as agreed upon by the City. For and on behalf of the City, at no cost to the City, the City facilities shall be installed alongside and LIMITED STREET LICENSE--Page 1 of 11 (between City of Kent and Zayo Group, LLC) 23 concurrently with the Licensee's conduit as set forth more specifically in Exhibit B. 4. Damage to Property and Restoration. Licensee shall repair any damage to the Property caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this License, Licensee shall restore the Property to its original condition prior to the issuance of the License, with the exception that any conduit or pullboxes that the City deems necessary shall remain. Such restoration obligation shall survive the expiration of this License. 5. Revocation. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-way, which right-of-way constitutes a valuable property interest owned by the City. This License does not grant an estate in the land described as the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to revocation by the City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of revocation. Within thirty (30) calendar days of the effective date of the City's revocation, Licensee is required to remove all Improvements except conduit or pullboxes deemed necessary by the City and restore the Property pursuant to Section 4. If Licensee fails to remove the Improvements within thirty (30) days, the City may remove all or part of the Improvements, restore the Property, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. 6. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Improvements. Licensee's failure to comply with this Section 6 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. 7. Record Drawings and As-Builts. Within sixty (60) days of construction of the Improvements, Licensee shall provide the City with accurate copies of all record drawings and maps showing the horizontal and vertical location and configuration of all located or relocated Improvements within the public right- of-way. These as-built drawings and maps shall be signed and stamped by a Washington state licensed professional land surveyor, shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the City. As-builts must be on City of Kent horizontal and NAVD88 vertical datum LIMITED STREET LICENSE--Page 2 of 11 (between City of Kent and Zayo Group, LLC) 24 NAD83/91. Licensee warrants the accuracy of all record drawings and maps and as-builts provided to the City. Licensee shall provide the City with updated record drawings and maps upon request. S. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and expense, relocate all or a part of the Improvements when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-way, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. Licensee shall, upon receiving approval and obtaining necessary permits from the City, have the right to temporarily locate facilities in a portion of right-of-way authorized by the City for the duration of the relocation process. 8.1 For the purposes of this Section 8, any condition or requirement imposed by the City upon itself or any person or entity acting on the City's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that reasonably necessitates the relocation of Licensee's facilities within the right-of-way described in Exhibit A shall be a required relocation for purposes of this section. 8.2 If the City, under its authority, causes a required relocation of all or part of the Improvements, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, Licensee must complete the required relocation of its affected facilities at least twenty (20) calendar days prior to the commencement of the project requiring relocation. Licensee will complete this required relocation at no charge or expense to the City. Further, Licensee's relocation shall be accomplished in a manner that accommodates and does not interfere with the project requiring relocation. When other utilities are present and involved in relocation, the City, in its sole discretion, may attempt to coordinate the relocation of the utilities. 8.3 Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City at least forty-five (45) calendar days prior to the commencement of the project requiring relocation. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Improvements. If requested by the City, Licensee will submit additional information to assist the City in making its determination. In the event the City LIMITED STREET LICENSE--Page 3 of 11 (between City of Kent and Zayo Group, LLC) 25 ultimately determines, at its sole discretion, that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section S. 8.4 Notwithstanding the above provisions in this Section 8, the Licensee may seek reimbursement from the City for its actual relocation expenses under either of the following conditions: 8.4.1 If the City has required the Licensee to relocate these facilities at Licensee's cost within five (5) years of the date of a request for relocation; or 8.4.2 If the Licensee holds an ownership share in the aerial supporting structures (defined as poles or pole-like structures) for its facilities, and if the City requires an aerial to underground relocation of Licensee's facilities, the City will pay the additional incremental costs of undergrounding these facilities compared to an aerial relocation of the facilities, or will pay those costs required in any approved tariff, if less than the additional incremental costs. 8.5 In the event that a relocation of any of the Improvements is requested by any person or entity other than the City, so long as that person or entity is not acting on the City's behalf in conducting any of the activities described in this Section 8, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity, and shall obtain all necessary permits for the relocation. 8.6 Notwithstanding all of the above, in the event of an unforeseen emergency that creates an immediate threat to public safety, health, or welfare, the City may require the relocation of the Improvements at Licensee's expense. 8.7 The provisions of this Section 8 shall survive the expiration or termination of this License. 8.8 Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit or pullbox facilities. 8.9 Licensee shall not erect poles or run or suspend wires, cables, or other facilities in any area without written approval from the City. 9. Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this LIMITED STREET LICENSE--Page 4 of 11 (between City of Kent and Zayo Group, LLC) 26 License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) succeeding business days. 10. Indemnification. Licensee shall comply with the following indemnification requirements: 10.1 Licensee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the sole negligence of the City, its employees, agents, contractors, or invitees. 10.2 The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 10.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold the City harmless as provided for in this Section 10 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent. 10.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 10 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 10 indemnification clause. 10.5 The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to LIMITED STREET LICENSE--Page 5 of 11 (between City of Kent and Zayo Group, LLC) 27 require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License and to assure that such coverage is maintained. 11.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 11.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 11.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 11.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 11.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 11.3 The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional insured. 11.4 Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 11.5 Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 12. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 13. Assignment. Licensee shall not assign all or any portion of its rights, LIMITED STREET LICENSE--Page 6 of 11 (between City of Kent and Zayo Group, LLC) 28 benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 14. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License. 15. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 10. 16. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Zayo Group, LLC Attn: City Clerk 1805 29th Street 220 Fourth Avenue South Boulder, CO 80301 Kent, WA 98032 Attn: General Counsel, ZFTI 17. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. LIMITED STREET LICENSE--Page 7 of 11 (between City of Kent and Zayo Group, LLC) 29 18. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below (Effective Date). 19. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE By: By: Print Name:SUZETTE COOKE Print Name: Its: Mayor Its: Date: Date: PVCivilAFilesVOpm FilesV621-Telco OWAdveLicroseslZ o Lmited Street Licrose doc LIMITED STREET LICENSE--Page 8 of 11 (between City of Kent and Zayo Group, LLC) 30 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED STREET LICENSE--Page 9 of 11 (between City of Kent and Zayo Group, LLC) 31 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED STREET LICENSE--Page 10 of 11 (between City of Kent and Zayo Group, LLC) 32 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LIMITED STREET LICENSE--Page 11 of 11 (between City of Kent and Zayo Group, LLC) 33 Exhibit A Description of Facilities Facilities included in this Street License are limited to the Public Right of Way along the following City Streets: S 277t' Street—From City Limits at Green River to 108t' Ave SE 108t' Ave SE—From S. 277t' Street to SE Kent Kangley Road SE Kent Kangley Road—From 108t' Ave SE to 107 Ave SE 107t' Ave SE—From SE Kent Kangley Road to SE 256t' Street SE 256t' Street—From 107t' Ave SE to 116t' Ave SE 116t' Ave SE—From SE 256t' Streetto SE 240t' Street SE 240t' Street—From 116t' Ave SE to 104t' Ave SE 104t' Ave SE—From SE 240t' Street to SE 224t' Street SE 224t' Street—From 104t' Ave SE to 108t' Ave SE (Benson Rd) 108t' Street(Benson Rd)—From SE 224t' Street to City Limits at SE 192°d Street South Quadrant of Intersection of SE 43`d St(18011 Ave S.) and 84" Avenue S. SE 196t' Street—From 108t' Ave SE to 120t' Ave SE 120t' Ave SE—From SE 196t' St to SE 192°d St SE 192°d St—From 120t' Ave SE to 200 feet west of 120t' Ave SE S. 228t' Street—From 68t' Avenue S. to 76t' Ave S (4t' Ave N.) 76t' Ave S (4t' Ave N.)—From S. 228t' Street to State Route 167 Hawley Road—From 68t' Ave S. to Approximately 400 feet east of 68t' Ave S. Intersection of 108t' Ave SE (Benson Road) and SE 224t' Street SE 240t' Street—From 116t' Ave SE to 144t' Ave SE 144t' Ave SE—From SE 240t' Street to Approximately 300 feet South of SE 240t' St 68t' Avenue South—From Approximately 200 feet North of S. 208t' St to Approximately 500 feet South of S 212t' Street 4 Wc � am as N s 0 U U O> L O 1 F,Ni O a O gm F tt K K Z O V Y �zooQ F w o a J O > a Quoin Z a m m ¢ u u o 0 o W o � Z - 3 LLI a � _ O - o 0 JW Um LL O F W m tt O S �zdGi F- UZNW o� ^o 'O♦ O W a? 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LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 14, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Alex Murillo, P.E., Engineering Supervisor Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Lower Russell Road Levee Work No Motion / Information Only Summary: We will present an update on the status of levee projects along Russell Road. Budget Impact: None 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 12, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Clark Springs - Landsburg Mine and HCP - Update No Motion / Information Only Summary: Clark Springs, located east of Maple Valley, is the city's most important water asset. Clark Springs provides over 50% of the City's total water supply. The Landsburg Mine, located less than a mile from the Clark Springs property is a potential contaminant source. The Washington State Department of Ecology will be issuing a Draft Clean-up Action Plan (DCAP) in the near future to address the dumping of approximately a half million gallons of illegal and hazardous waste that took place at the former mine in the 1960's and '70s. The Clark Springs Water Supply System Habitat Conservation Plan (HCP) was agreed to with the federal government; HCP permits were issued in 2011. The HCP requires the city to implement specific projects that benefit fish. In addition, Kent is required to set aside a fund for future property acquisitions, easements or enhancement projects to benefit aquatic species covered in the HCP. Budget Impact: None 46 This page intentionally left blank. 47 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 19, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Sean Bauer, Water Quality Supervisor Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Water System - Update For Information Only / No Motion Required Summary: Updated information for Committee Members on our water sources, water system projects, and key recent accomplishments. Budget Impact: None 48 This page intentionally left blank. 49 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Tim LaPorte, P.E., Public Works Director Subject: SE 256th Street Improvements — Public Right of Way Dedication Motion: Move to recommend Council authorize the Mayor to sign the Municipal Quit Claim Deed dedicating City owned property as City Right of Way for the SE 256th Street Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As part of the SE 256th Street Road Improvement project, the City purchased strips of property from adjacent property owners to accommodate the widened roadway and for the placement of Puget Sound Energy (PSE) facilities required for the underground conversion of the overhead power lines. These properties were originally purchased as City property but now need to be dedicated as Public Right of Way as they will be within the new roadway section. Also, the franchise agreement between the City and PSE requires that City property used for the placement of PSE facilities needs to be dedicated Public Right of Way. Budget Impact: There are no budget impacts associated with converting the property to Public Right of Way. The initial property purchase was part of the project costs. o _�... �� .I ........ ... L.. •�`S' ftvH1.9bb ....... ..._... r Y � wFLU IL 0.._ r - � 11 i 51 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: " Engineering/Property Services Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: PTNS NW '/4 29-22-SE SE '/4 20-22-SE Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. portions of 202205-9146; 292205-9155; 292205-9117; 202205-9116; 292205-9214; 202205-9074; , 292205-9247; 292205-9004; 292205-9116; 292205-9046; 202205-9222; 202205-9220; MUNICIPAL QUIT CLAIM DEED The City of Kent, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and 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"), for right-of-way purposes, all its interest, including any after acquired title, in the following described real property situated in King County, Washington: SEE EXHIBIT "A - K" ATTACHED GRANTOR: By: Suzette Cooke Its: Mayor Date: Municipal Quit Claim Deed Page 1 52 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to .execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: Name: Kent City Attorney PSCmWorms\Quit Clam De ROW Dedic tioo Km to Kcnt doc Municipal Quit Claim Deed Page 2 53 Exhibit A Tax Lot2922059155 PNWTC #684721 The north 10.00 feet of the east 10.00 feet of that portion of the northeast quarter of the northwest quarter of Section 29, Township 22 North, Range 5 East, WX, in King County, Washington, described as follows: BEGINNING at a point 615.22 feet west and 30.00 feet south of the northeast corner of said northwest quarter, being a point on the south margin of Southeast 256`h Street,formerly known as Kent-Black Diamond Middle Road, as conveyed to King County by deed recorded under Recording Number 2769671; thence east 232.72 feet, along said south margin, to a point on the west margin of an alley conveyed to the City of Kent by deeds recorded under Recording Numbers 6252366, 6252367 and 6252368; thence south, along said alley, to the Kent- Kangley Highway, SSH 5A (County Road No. 1306, formerly known as Kent-Black Diamond South Road) as established by Volume 27 of the King County Commissioner's Record, page 282; thence northwesterly, along said highway, to a point lying south of the POINT OF BEGINNING; thence north to the POINT OF BEGINNING. eta r7 ' SAbA'A L L TroSJ� � LO 54 Exhlbi, B Tax Lot2922059117 PNWTC #684719 The north 10.00 feet of the east 10.00 feet of Lot B, City of Kent Lot Line Adjustment No. LL-2004-3, recorded under Recording Number 20040405001964, said lot line adjustment being a portion of the northeast quarter of the northwest quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington. 4J y _Z Z ♦ a O O 18 S�dNAL LAl'�SJ� 55 Exhibit C Tax Lot2022059116_ PNWTC #684706 That portion of the following described Parcel A lying southerly of the north line of the south 40.00 feet of the southwest quarter of the southeast quarter of the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington; Parcel A The east 30.00 feet of the east 122.00 feet of the west 320.00 feet of the south 340.00 feet of the southwest quarter of southeast quarter of the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M. in King County Washington; Except the north 160.00 feet; And except that portion of a 60.00 foot strip conveyed to King County by'deed recorded under Recording Number 2675555. �ye� A' MF9 fop cry�i y y� x 9y p B 09 Bp ��O O&A Lt\ gV -� 56 Exhibit D Tax Lot2922059214 PNWTC #684714 The north 10.00 feet of the following described Parcel A; Parcel A The west 80.00 feet of the east 270.00 feet of the north 162.00 feet of the northwest quarter of the northeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., records of King County Washington; Except the north 30.00 feet thereof heretofore conveyed to King County, Washington for road purposes by deed recorded under King County Recording Number2676738. OV Tx�2 0 L LANps 57 Exhibi'. Tax Lot2022059074 PNWTC #684703 That portion of the south 42.00 feet of the west half of the west half of the east half of the southwest quarter of the southeast quarter of Section 20, Township 22 North, Range 5 East, W•M•, in King County, Washington, lying northerly of that certain tract of land conveyed to King County for road by deed recorded under Recording Number 2680902. Nk • ,� �� Wgy��•!9tA �4r W i T spa a L IAV B x- v 58 Exhibit F Tax Lots 2922059001, 2922059247, 2922059004 and 2922059116 PNWTC #684713 The south 10.00 feet of the north 40.00 feet of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, lying within the following described Parcel A; Parcel A That portion of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows; BEGINNING at the Intersection of the northerly margin of Secondary State Highway Number 5-A, Kent-Kangley Road, with the east line of the northwest quarter of the northeast quarter of said Section 29; thence N62019'11"W, along said northerly margin, 113.41 feet to the southeast corner of a tract of land conveyed to Ronald S. Jones and Madeline Jones, his wife, by deed recorded under Recording Number 5032080; thence N00027'28"W 219.52 feet to the northeast corner of said Jones tract; thence S89032'32"W 130.00 feet to the northwest corner of said Jones tract; thence S00027'28"E 150.00 feet to the northerly margin of said Secondary State Highway Number 5-A; thence N62019'11"W, along said northerly margin, to the east line of the west 10 acres of that portion of the east three quarters of the northwest quarter of the northeast quarter of said Section 29, lying northerly of said Secondary State Highway Number 5-A; thence N00059'54"W, along said east line, 1020.52 feet to the south line of the north 30.00 feet of said northeast quarter of said Section 29; thence S88034'46"E, along said south line, 892.36 feet to the west line off the east 290.00 feet of the northwest quarter of the northeast quarter of the northeast quarter of said Section 29; thence S00005'57"E, along said west line, 132.05 feet to the south line of the north 162.00 feet of the northeast quarter of said Section 29; thence S88034'46"E, along said south line, 100.03 feet to the east line of the west 100.00 feet of the east 290.00 feet of the northwest quarter of the northeast quarter of the northeast quarter.of said Section 29; thence N00005'57"W, along said east line, 132,05 feet to the south line of the north 30.00 feet of the northeast quarter of said Section 29; thence S88034'46"E, along said south line, 190.07 feet to the east line of the northwest quarter of the northeast quarter of the northeast quarter of said Section 29, being a point N88034'46"W 660.04 feet from the northeast corner of the northeast quarter of said Section 29, as established by decree in settlement of boundary line in Superior Court Cause Number 708596; thence S00005'57"E, along said east line, 565.20 feet to the south line of the north 4 acres of that portion of the northwest quarter of the northeast quarter of the northeast quarter of said Section 29, lying south of a line running west from a point 330 feet south and 660 feet west from the northeast corner of said Section 29; thence N88034'46"W, along the south line of said north 4 acres, to the west line of the northeast quarter of the northeast quarter of said Section 29; thence S00027'28"E, along said west line, 712.21 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed to Herman Thun by deed recorded July 22, 1953 under Recording Number 4364833; EXCEPT those portions of the above described property lying southwesterly of a line drawn parallel with and 50.00 feet northerly from the centerline of said Secondary State Highway Number 5-A; 59 AND EXCEPT those portions conveyed to King County for road purposes by deeds recorded under Recording Numbers 2676738 and 2675538; AND EXCEPT that portion described as follows: BEGINNING at the intersection of the east line of said west 10 acres with the northerly line of said Secondary State Highway Number S-A; thence northerly, along said east line, 180.00 feet; thence easterly, parallel with the north line of said subdivision, 162,00 feet; thence southerly, parallel with the east line of said west 10 acres, to the northerly line of said Secondary State Highway Number 5-A; thence northwesterly to the POINT OF BEGINNING. AND EXCEPT that portion deeded to the City of Kent by deed recorded September 29, 1986 under King County Recording Number 8609290268. Together with the north 10.00 feet of the following described Parcel B; Parcel B That portion of the northeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING on the west line of the east 290.00 feet of the northwest quarter of the northeast quarter of the northeast quarter and the south line of the north 30.00 feet of the northeast quarter; thence S000O5'57"E, along said west line, 132.05 feet to the south line of the north 162.00 feet of the northeast quarter of said Section 29; thence 588034'46"E, along said south line, 20.03 feet; thence N00005'57"W, along said east line, 132.05 feet to the south line of the north 30.00 feet of the northeast quarter of said Section 29; thence S88034'46"W, along said south line, to the POINT OF BEGINNING. titer Sw ' 4t�'Z 04 o �89 gyp �p ss�(NA .LATE yJ� 60 Exhibit G Tax Lot2022059146 PNWTC #684704 The east 10.00 feet of the Following described Parcel A lying southerly of the north line of the south 40.00 feet of the southwest quarter of the southeast quarter of the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington; Parcel A the west 60.00 feet of the south 120.00 feet of that portion of the southwest quarter of southeast quarter of the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M. in King County Washington, lying northerly of the Kent Black Diamond Middle Road, now known as Southeast 256`h Street, as conveyed to King County by deed recorded under Recording Number 2675553. p4 PE.CB 9e0 S�OA'A L LAIM 611 Exhibit H Tax Lot 2922059046 PNWTC #684715 The north 10.00 feet of that portion of the west 10 acres of that portion of the east three fourths (3/4) of the northwest quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, lying north of the Kent-Kangley Road, described as follows: Commencing at the north quarter corner of said Section 29; thence S87054'39"E, along the north line of said Section 29, a distance of 330.03 feet to the northwest corner of said west 10 acres; thence S00019'13"E, along the west line of said west 10 acres, a distance of 30.03 feet to the south right of way line of Southeast 256a' Street and the northeast corner of East Hill Gardens, according to the plat thereof, recorded in Volume 51 of Plats, page 77, in King County, Washington, and the TRUE POINT OF BEGINNING; thence continuing S00°19'13"E, along said west line and the east line of said plat, a distance of 436.26 feet to the northwest corner of the west 2 acres of the south 5 acres of said west 10 acres; thence S87054'39"E, along the north line of the south 5 acres of said west 10 acres, a distance of 189.81 feet to a fence line that was existing on April 5, 1968; thence S00°00'40"E, along said fen ace line, distance of 442.B2 feet to the northeasterly right of way line of the Kent-Kangley Road; thence S61038'40"E, along said rig of way line, al distance of 318.96 feet to the east line of the west 10 acres; thence N00019'13"W, along said east line, a distance of 1020.46 feet to said south right of way line of Southeast 256`" Street; thence N87054'39"W, along said right of way, a distance of 467.51 feet to the TRUE POINT OF BEGINNING; EXCEPT all that part of the above described tract lying southwesterly of a line drawn parallel with and being 50 feet northeasterly, when measured at right angles from the centerline survey of SR-516, SR-515 to 132nd Avenue Southeast, as conveyed to the City of Kent by deeded recorded under Recording Number 8107240219. 4.� N. R9 w, AN J � i i , t 62 Exhibit I Tax Lot2022059222 PNWTC #684701 The south 10.00 feet of the following described parcel: That portion of the southeast quarter of the southwest quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point on the south line of said Section 20, which point lies 700.33 feet east of the southwest corner of said subdivision; thence N0201447"E 30.00 feet to the northerly boundary of Southeast 2561h Street; thence N88938'00"W 80.00 feet to the TRUE POINT OF BEGINNING; thence N02114'47"E 215.00 feet; thence N88038'00"W 119.86 feet, more or less, to the east line of the west 15 acres of the southeast quarter of the southwest quarter of said Section 20; thence S02014'39"W, along said east line, 215.00 feet to the north fine of Southeast 256`h Street; thence S68038'00"E, along said north line, to the TRUE POINT OF BEGINNING. Except the north 4.00 feet of the west 5.00 feet of the east 33.50 feet of said south 10.00 feet. 4 'y mkt,e�Q co l � h Z a B SJ N L LA 63 Exhibit T Tax Lot2022059220 PNWTC #684702 The south 10.00 feet following described parcel: A portion of the southeast quarter of the southwest quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at a point on the south line of said Section 20, which point lies 700.33 feet east of the southwest corner of said subdivision; thence N02014'47"E 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing N02014'47"E 150.00 feet; thence N88038'00"W 80.00 feet; thence 502014'47"W 150.00 feet; thence 588038'00"E 80.00 feet to the TRUE POINT OF BEGINNING. Except any portion of said south 10.00 feet previously conveyed to King County for Southeast 2561h Street by deed recorded under Recording Number 6042501. PwMyw9 a Z 64 Exhibit K Tax Lot2922059001 PNWTC #684713 The north 10.00 feet of the following described Parcel A; Parcel A That portion of the northeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows; BEGINNING on the west line of the east 290,00 feet of the northwest quarter of the northeast quarter of the northeast quarter and the south line of the north 30.00 feet of the northeast quarter; thence S00°05'S7"E, along said west line, 132.05 feet to the south line of the north 162.00 feet of the northeast quarter of said Section 29; thence S88034'46"E, along said south line, 20.03 feet; thence N00°05'57"W, along said east line, 132.05 feet to the south line of the north 30.00 feet of the northeast quarter of said Section 29; thence S88034'46"W, along said south line, to the POINT OF BEGINNING. ov or 18909 y �+ISrE�E° .1v B � Z 65 Public Works Committee Agenda 40 "00 '�0 Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair -�I -� KENT CANCELLATION NOTICE Public Works Committee September 2, 2013 This notice is to inform you that the City Council Public Works Committee meeting scheduled for Monday, September 2, 2013, at 4:00 p.m., has been cancelled. Councilmembers: Elizabeth Albertson, Chair Dennis Higgins Dana Ralph Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.