HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 09/16/2013 (3) I
Public Works Committee Agenda
�� Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair
`� KENT
WASHINGTON
September 16, 2013
4:00 p.m.
Item Description Action Speaker Time Pace
1. Approval of Minutes Dated August 19, 2013 YES None 03 03
2. Desimone Levee - Interlocal Agreement YES Ken Langholz 10 09
with Tukwila
3 Information Only/Railroad Quiet Zone NO Steve Mullen 10 25
4. Information Only/Metro Transit Service NO Cathy Mooney 10 47
Reduction Scenario
5. Information Only/Solid Waste Garbage NO Bill Thomas 10 49
(Litter) - Update
6. Executive Session NO Tom Brubaker 10 51
7. Resolution of Intent to Set a Public Hearing YES Mark Madfai 10 53
Date for LID 365 SE 2561h St Improvements,
1161h Ave SE to Kent-Kangley Road
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 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 4:05 PM.
Item 1 - Approval of Meeting Minutes Dated July 15, 2013:
Committee member Higgins MOVED to approve the minutes of July 15, 2013.
The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 - Information Only/2013 Street Maintenance Program - Update:
Bill Thomas, Street Superintendent gave an update on the Asphalt Inlay/Overlay
Program, as well as budget expenditures using the B&O funds. All of the inlay/overlay
work has been completed except a very small section that will be completed by
August 23rd. As a byproduct of the inlay program this year, 5,000 tons of millings
have been kept instead of paying to have them disposed. The millings have been
used to grade into our shoulders and alleyways which has saved the city a significant
amount of money. Public Works Director, Tim LaPorte mentioned that in Public
Work's 2014 mid-year budget request we will be requesting a patrol grader which will
have the ability to better spread this material out.
Capital expenditures:
$283,380 Asphalt materials - this is an overage because some of the
streets needed more help than anticipated, but significant
amounts have been saved in other areas to cover the overage.
$50,525 Asphalt grinding - 99% complete and under budget.
$120,000 Line striping - begun today on the west hill, with eight more
days to go.
$37,000 (Phase 1) Concrete materials - for phase 1 through winter and spring of
this year; phase 2 will use the additional $60,000 allotted.
$15,000 Crack sealing materials purchased, and will install this fall.
$40,000 Materials have been purchased to replace approximately 650
signs and posts for our retro-reflectivity mandate (required by
FHWA) which keeps us on schedule to be compliant by the
2018 season.
$195,300 Crack sealing - contract is complete, $195,300 awarded,
$1,100 under budget.
$226,510 Thermoplastic markings - contract is two-thirds complete with
a significant savings and are looking for additional areas to
mark.
$125,532 (2013) Vehicle detector loops - 2012 contract complete with a savings
of $20,000; 2013 contract about 50% complete.
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 2013
--- Street lights - had 56 lights that needed to be replaced, 14 of
which have been replaced so far. More poles have been
ordered and are planned to be replaced in the near future.
LaPorte mentioned he checked with the Finance department and are expenditures are
under the anticipated revenue for the B&O income for this year. We plan to come
back in November with a recommended list of projects for 2014.
Information Only/No Motion Required
Item 3 — Information Only/2013 Transportation Improvement Board (TIB)
Grants - Update:
Chad Bieren, City Engineer provided an update on the Transportation Improvement
Board (TIB) grant applications that are due on August 23rd. The three projects that
we plan to apply for funding are:
1. S. Central: pavement rehabilitation project
Already have a small $300,000 federal grant and we are applying for the
remaining costs to rehabilitate this portion of S. Central.
2. 80th Ave. S. (188th to 196th): pavement rehabilitation project
3. S. 224th St. Corridor, Phase II (88th Ave. S. to 94th Ave. S.): construct around
the corner onto 218th across Garrison Creek.
• Phase I was already awarded a $5 million TIB grant to construct a bridge
over SR 167.
• A lot of the costs would be funded by the drainage fund and the utilities to
get the bridge completed.
• There's also a potential LID for frontage improvements on private
properties that are located east of the road. These properties are not
included in the current LID 363.
If we score high enough to be awarded funding, we would come back to Committee
and Council to accept the grant.
Tim LaPorte, mentioned that TIB unveiled a new state-wide program for preservation
and has $47 million available for the program in the Puget Sound area. 80th Ave. S.
and S. Central would fall under the criteria for this new program.
Information Only/No Motion Required
Item 4 —South County Area Transportation Board Agreement:
Cathy Mooney, Senior Transportation Planner explained that the South County Area
Transportation Board (SCATBd) Agreement is a routine renewal of this agreement
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 2013
and confirms the city's intent to continue participation in this board. This board is
comprised of elected officials from the whole S. King Co. area and encompasses 16
cities, three transit agencies, nine legislative districts, represents just under 700,000
people, and over 300,000 jobs. The board makes policy recommendations and
planning on transportation projects. The board is our voice for regional, statewide
and federal legislation having to do with transportation that would impact this area.
This agreement would sign on for an additional two years with extensions through
2017.
Committee member Ralph MOVED 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. The motion was SECONDED by
Committee member Higgins and PASSED 3-0.
Item 5 — Limited Use Agreement with Zavo Group, LLC:
Chad Bieren, City Engineer stated that the Zayo Group is a telecommunications
company and has requested a limited street license in city right-of-way, specific to
areas they impact. Zayo will pay a one-time fee of $4,611 to cover the city's
administrative costs and will be required to obtain permits to install their facilities.
Committee member Higgins MOVED 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. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 6 — Information Only/Lower Russell Road Levee Work:
Alex Murillo, Environmental Engineering Supervisor gave an update on the Russell
Road Levee project. The Russell Road Upper Levee will impact The Lakes community.
A meeting was recently held for The Lakes community and was well attended and
productive. Downstream to the north reach levee we are building a secondary levee
which will leave the existing riverbank in place and build a new certifiable levee
behind it.
LaPorte mentioned that staff has been very careful to convey to The Lakes
community and the homeowners associations that the levee will be closer to the
backs of their homes. Murillo mentioned that in addition to the community meeting,
staff will be going door-to-door to every unit to make homeowners aware of the
levee construction work.
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 2013
The construction entrance will likely be Russell Woods Park and another area south
that has not been determined yet. Construction vehicles will not be going through the
private residences and the construction sequencing will be well thought out.
The King Co. Flood Control District has money budgeted to repair the Russell Road
Lower Levee adjacent to Van Doren's Park next year. We would like this repair
completed, as well as the entire levee reach to get the levee certified.
Information Only/No Motion Required
Item 7 — Information Only/Clark Springs — Landsbura Mine and HCP —
U pdate:
Kelly Peterson, Environmental Conservation Supervisor gave an update on the Clark
Springs Water Supply. The Landsburg Mine is located approximately a 1/2 mile to the
east of the Clark Springs Water intake. From the 1960s — 1970s 1/2 million gallons of
industrial waste, solvents, heavy metals and sludge were illegally dumped there. At
present the Department of Ecology is working with the potentially liable parties and a
draft clean-up action plan is anticipated to be issued very soon. Not knowing what is
going to happen, we have prepared to monitor the groundwater to protect the water
supply.
In addition, Peterson gave an update on the Clark Springs Water Supply Habitat
Conservation Plan. In 2011 the city received permits to continue operations and
operate our water supply consistent with that agreement. Part of the agreement is
for the city to implement habitat projects. One of the habitat projects is a habitat
fund ($1.6 million) and staff is currently looking for opportunities to secure habitat
for the resources.
Information Only/No Motion Required
Item 8 — Information Only/Water System — Update:
Brad Lake, Public Works Operations Manager sat in for Sean Bauer and gave an
update on the city's water system. Lake showed a graph of our water use pattern
over the last 5 years. We are slightly higher than our 5 year average (up 5% over
July of last year). Total production to date this year is about 1.5 billion gallons for the
system.
Sources:
• Clark Springs produced about 50% of our total supply
• Kent Springs 30% of our total supply
• Tacoma Supply 10% of our total supply
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 2013
Transmission mains (how we convey water to town):
• Maple Valley, connects our sources with our in town customers. We have
noticed increasing development in the area. We are watching closely to make
sure the new development does not affect our supply and our transmission
mains and are planning to work closely with developers and have available
resources to acquire wider easements for transmission mains.
• City of Covington, is looking to widen a two lane section of SR 516 crossing
Jenkins Creek. We have two transmission mains that cross through there. We
are working with Covington to allow for pipelines to be rebuilt/reinstalled so we
have continuity of our water supply through there. This project will have a
financial impact as well as an operational impact.
Committee member Higgins asked about the lifespan of our pipeline. Lake reported
that Clark Springs transmission main is our oldest, built in the late 50's with a life
expectancy of 75 years. We're starting to think about how to maintain its integrity.
Kent Springs transmission main was replaced within the last 20 years in segments
and is fully replaced, life expectancy 100+ years. Laporte said securing the wider
easements is most critical right now.
Several projects have taken place this summer. Lake gave an overview of these
projects.
Park Orchard - pipe has deteriorated and our crews are finishing up replacing
500 feet of pipeline with a new pipe that does not corrode. Cost average is
$100 a foot for our crew, vs. $200 a foot for a typical Contractor. Residents
will notice an increase in flow.
237th — crew just starting to replace 1,200 feet of water main.
Garrison Creek Crossing — a pair of pipelines that cross Garrison Creek on S.
218th St. will be incorporated in future improvements in the area.
Blue Boy Reservoir — just started today to install a new 16 inch water line
along James St. up 112th Ave. and along 236th PI. The line will provide for the
new 640 zone as well as discharge line for the pump station that will be built in
that area. 240th will be impacted until September 20th by this project.
640 Zone — an overview showed three locations that we are working on design
for pressure reducing valves that will connect the 640 zone with the existing
590 zone. The 640 tank recently had a coating inspection that went very well.
Tacoma Green River Filtration Project — overview of the construction site. 43%
complete, on time and under budget. Anticipated completion Dec 2014.
Auburn Pipeline 5 connection - recently connected to the Tacoma pipeline in
the valley to provide water to the north end of Auburn.
Fish Bypass — Corps of Engineers is going through a biological assessment on
their system and once completed will release it to two federal agencies who
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PUBLIC WORKS COMMITTEE MINUTES
August 19, 2013
will provide a biological opinion which will determine the future of this project
which is required for Tacoma's Habitat Conservation Plan.
• East Hill Well Emergency back-up power project - currently in the middle of
construction which will provide emergency power for one of our largest in-town
sources of supply.
• Reservoir Maintenance - 6 Million Gallon Reservoir tends to collect mildew on
the outside from condensation. Crews are working on cleaning it to protect the
integrity of paint, and later this fall/winter a diver will inspect interior of tank.
• Replacement of a pair water services at Hexcel and Phoenix Academy.
• Project maintenance improvements - 212th Water Treatment Plant, Armstrong
Springs, Pump Station #5 & 7.
Information Only/No Motion Required
Item 9 - SE 2561h Street Improvements - Public Right of Way Dedication:
Mark Madfai, Design Engineering Supervisor explained that as part of the SE 256th
Street Improvements project, property was purchased in anticipation of the project
for placement of PSE facilities that were needed for the underground conversion. We
would like to convert the property that was purchased to public right of way, and this
is required as part of the franchise.
Committee member Higgins MOVED 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 2561h Street Project, subject to final terms
and conditions acceptable to the City Attorney and the Public Works
Director. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 10 - Information Only/September 2, 2013 Public Works Committee
Meeting - Cancelled:
It was noted by Committee Chair Albertson that there will not be a Public Works
Committee meeting on Monday, September 2, 2013.
Information Only/No Motion Required
The meeting was adjourned at 5:12 p.m.
Nancy Yoshitake
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 4, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: September 16, 2013
From: Ken Langholz, Design Engineering Supervisor
Through: Chad Bieren P.E., Public Works Director
Subject: Desimone Levee — Interlocal Agreement with Tukwila
Item - 2
Motion:
Move to recommend Council authorize the Mayor to sign an Interlocal
Agreement between the City of Kent and the City of Tukwila for
improvements to and FEMA accreditation of the Desimone Levee, subject
to final terms and conditions acceptable to the City Attorney and the
Public Works Director.
Summary:
The State of Washington included in its 2011-2013 biennial budget a $7 million
grant for the Briscoe/Desimone Levee. Funding was directed to the King County
Flood Control District and is intended to pay for improvements to the levees needed
for FEMA accreditation as well as the accreditation process itself.
On February 26, 2013 the King County Flood Control District Board of Supervisors
passed a resolution to execute a grant agreement with the state for the $7 million
and pledging additional Flood Control District funding for this project. On June 6,
2013 the City of Kent and the Flood District executed an interlocal agreement for
use of the state funds and providing an additional $11,000,000 of Flood District
funds for this project.
The Desimone Levee lies entirely within the city limits of Tukwila and our consultants
have identified a segment of this levee as not meeting the Federal Emergency
Management Agency's accreditation standards. A failure of this levee segment would
result in inundation of parts of Tukwila and the north area of Kent.
This interlocal agreement describes the requirements of the City of Kent and the City
of Tukwila with respect to design, permitting and construction of the Desimone
Levee repairs.
Budget Impact:
This work will be funded from the $7,000,000 state grant and the $11,000,000 in
Flood Control District funds.
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT
AND THE CITY OF TUKWILA FOR CONSTRUCTION AND
ACCREDITATION OF THE DESIMONE LEVEE
THIS INTERLOCAL AGREEMENT is entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington between the
City of Kent, a Washington Municipal Corporation ("Kent") and the City of Tukwila,
a Washington Municipal Corporation ("Tukwila").
RECITALS
A. The Federal Emergency Management Agency (FEMA), the agency responsible for
the nation's flood insurance program, has determined that the Green River levees
do not have the documentation to be accredited to provide 100-year flood level
protection.
B. FEMA is responsible for and is reissuing the Flood Insurance Rate Maps for the
Green River Valley. The preliminary map encompasses the cities of Kent and
Tukwila and shows a large segment of Kent and Tukwila to be within the 100-year
flood-plain and floodway, even though they are behind existing levees. Properties
within the 100-year flood plain typically must acquire costly flood insurance, are
subject to increased development standards, and subject to dramatic devaluation.
C. These flood insurance requirements act as a disincentive to development and
redevelopment in the Green River Valley.
D. Kent and Tukwila share a mutual boundary in an area along the Green River
that is protected by the "Desimone Levee." A breach in the Desimone Levee
section in Tukwila would inundate properties within both Kent and Tukwila.
E. Beginning in 2010, Kent prepared the necessary engineering studies to verify,
through FEMA's Conditional Letter of Map Revision process, that the levee segments
along the Green River are constructed to federal levee safety standards, and
identify any repairs needed in order to meet the standards. The study identified 2
weak portions of the levee system located in the city limits of Tukwila, see Exhibit
E.
F. Both parties desire to have the necessary repairs made to have the levee meet
federal levee safety standards.
G. Kent, along with King County, was instrumental in obtaining a $7,000,000 state
grant which was awarded to the King County Flood Control Zone District (KCFCD)
for Briscoe-Desimone Levee improvements, see Exhibit A.
H. The KCFCD passed Resolution FCD2013-02.2 on February 26, 2013, providing
for use of the state grant, providing additional KCFCD funding for the Briscoe-
Desimone Levee project, supporting the use of setback levees that are retained by
Interlocal with Tukwila - Desimone Levee Page 1 of 12 09/10/13
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walls on the landward side, and assigning Kent responsibility for design and
construction of these setback levee improvements.
I. Kent entered into an interlocal agreement with the KCFCD on June 6, 2013, see
Exhibit B, relating to the use of state and KCFCD funds, assigning Kent as lead for
design, permitting and construction of the Briscoe-Desimone Levee project.
Tukwila desires that Kent act as lead agency for permitting, design and river levee
construction as well as certification of the Desimone Levee in Tukwila.
J. The Briscoe Levee is located along the right bank (easterly side) of the Green
River between S. 200th Street and S. 189th Street within Kent, River Mile 17.0 to
15.45. The Desimone Levee is located along the right bank of the Green River
between S. 189th Street and S. 180th Street within Tukwila, River Mile 15.45 to
14.3. The location of the Briscoe & Desimone Levees as shown on Exhibit C.
K. Because both parties desire to work together for the mutual and overall benefit
of their citizens and property owners, Kent shall be responsible for processing and
acquiring all permits, except for shoreline permits for work conducted within
Tukwila.
IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES, AND
BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. AUTHORITY TO PERFORM NECESSARY STUDIES. Tukwila grants to Kent
authority to perform all necessary studies, engineering investigations and all other
work necessary to prepare a Letter of Map Revision (LOMR) to accredit the
Desimone Levee, as shown in Exhibit E, whose failure would inundate a portion of
Tukwila and Kent. Kent will prepare all studies, submit LOMR applications and
respond to FEMA questions as needed to complete the LOMR process. Kent will
track all costs associated with this work.
2. PERMITTING AND SEPA REVIEW. Kent shall be responsible for conducting
SEPA review and for processing all permits necessary to complete the Desimone
levee improvements, except for shoreline permits required for work completed in
Tukwila, which shall be processed by Tukwila. Tukwila grants Kent the authority to
process and acquire permits for Tukwila and to conduct SEPA within Tukwila.
3. AUTHORITY TO PERFORM FINAL DESIGN OF NEEDED IMPROVEMENTS.
Tukwila hereby grants Kent the authority to perform all necessary design and
acquire necessary permits for needed repairs to the existing levees within the city
limits of Tukwila as required to certify the levee and obtain a LOMR from FEMA.
Whenever practical, Kent will provide Tukwila design drawings, specifications and
cost estimates of needed improvements for Tukwila's review and prior written
approval, which approval will not be unreasonably withheld.
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4. AUTHORITY TO CONDEMN PROPERTY. Both parties have the authority, under
Title 8 of the Revised Code of Washington, to condemn property for the protection
of the public by the construction or reconstruction of this levee. Tukwila grants
Kent the authority to condemn, or to acquire in lieu of condemnation, property
within Tukwila, but only to the extent necessary to construct the levee
improvements as evidenced by approved preliminary or final construction plans.
5. CONSTRUCTION OF NECESSARY IMPROVEMENTS. It is anticipated that one
or more segments of the Desimone levee will require reconstruction in order to
certify that the levee meets FEMA requirements. Tukwila grants Kent the authority
to construct any necessary improvements to segments of the Desimone levee that
are located within Tukwila; provided, Tukwila shall have the right to inspect all work
done for workmanship and compliance with Tukwila's standards and to require
corrections when necessary. Tukwila shall be invited to all construction meetings
held by Kent.
6. COST SHARING All design, acquisition, and construction costs will be
included under this Agreement, provided the location of the wall is consistent with
KCFCD Resolution FCD2013-02.2. Any changes requested by Tukwila that result in
cost increases will be paid by Tukwila. Tukwila will provide reimbursement to Kent
within thirty (30) days of a request for reimbursement from Kent. The parties
expect that all costs for work covered under this agreement will be covered by the
state grant, KCFCD funding, or other grant sources. However, in the event any
work, including design, permit, and CLOMR work performed after January 1, 2013,
is not funded fully by other sources, funds are withdrawn, or cost overruns exceed
funding amounts, the two parties will meet to discuss the funding issues and
discuss options for the applicable amounts if the costs include reaches of the
Briscoe Levee in Kent as well as the Desimone Levee in Tukwila.
7. DESIGNATED REPRESENTATIVES. Each party shall designate a
representative to meet, confer, evaluate and administer expenditure proposals in
connection with these projects. The representatives shall meet as warranted at
dates and times determined by them to be most convenient. The representatives
are also empowered to designate, identify and develop procedures and processes
for their interaction in connection with the administration of the project.
8. INSURANCE. Each party shall be responsible for maintaining, during the
term of this Agreement, and at its sole cost and expense, insurance coverage in
amounts determined to be sufficient by each party's representative.
9. INDEMNIFICATION. 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 Kent or its
contractors, employees, agents, or representatives, and the city of Tukwila or its
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contractors, 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 Kent or Tukwila, 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 indemnity of claims made by the indemnitor's employees.
This waiver has been mutually negotiated.
10. RESOLUTION OF DISPUTES AND GOVERNING LAW. This agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the parties are unable to settle any dispute, difference or claim arising from the
parties' performance of this agreement, the exclusive means of resolving that
dispute, difference or claim, shall only be by filing suit exclusively under the venue,
rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties' performance of this
agreement, each party shall pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, including all appeals; provided,
however, nothing in this paragraph shall be construed to limit a party's right to
indemnification under Section 9 of this agreement.
11. WRITTEN NOTICE. All communications regarding this agreement shall be
sent to the parties' respective city clerks at the addresses listed on the signature
page of the agreement. Any written notice hereunder shall become effective three
(3) business days after the date of mailing by registered or certified mail.
12. ASSIGNMENT. Any assignment of this agreement by either party without the
written consent of the other party shall be void. If the non-assigning party gives its
consent to any assignment, the terms of this agreement shall continue in full force
and effect and no further assignment shall be made without additional written
consent.
13. MODIFICATION. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly
authorized representative of the parties. Modifications to this agreement shall not
require approval of the parties' respective city councils.
14. ENTIRE AGREEMENT. The written provisions and terms of this agreement,
together with any attached Exhibits, shall supersede all prior verbal statements of
any officer or other representative of the parties, and those statements shall not be
effective or be construed as entering into or forming a part of or altering in any
manner this agreement. However, should any language in any of the Exhibits to
this agreement conflict with any language contained in this agreement, the terms of
this agreement shall prevail.
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15. COMPLIANCE WITH LAWS. The parties agree to comply with all federal,
state, and local laws, rules, and regulations that are applicable to this agreement.
16. COUNTERPARTS. This agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
17. DURATION. This Agreement shall take effect on the date on which the second
party signs this Agreement, and shall remain in effect through December 31, 2023.
18. PURPOSE. The purpose of this agreement is to facilitate the accreditation and
construction of needed repairs of the Desimone Levee section because its failure could
inundate property within Kent and Tukwila.
19. ADMINISTRATION. Kent shall be the administrator of this agreement, with
oversight and assistance provided by the respective named representatives identified
in Section 7.
20. OWNERSHIP AND MAINTENANCE OF COMPLETED PROJECT. Upon completion
of the project, the responsibilities for maintenance and ownership of the
improvements shall revert back to the parties that had the maintenance
responsibilities and ownership prior to the commencement of this agreement.
21. TERMINATION. Any party may terminate this agreement, with or without
cause, upon providing the other parties not less than 180 calendar days advanced
written notice. A party terminating this agreement shall remain responsible for its
proportionate share of expenses incurred under this agreement.
22. COPIES OF THE AGREEMENT. Copies of this agreement shall be recorded in
King County or otherwise made public in conformance with the Interlocal Cooperation
Act.
23. AUDITS AND INSPECTIONS. The records and documents with respect to all
matters covered by this contract shall be subjected to inspection, review or audit by
the Parties at the requesting party's sole expense during the term of this Agreement
and six (6) years after expiration or termination. Such records shall be made
available for inspection during regular business hours within a reasonable time of the
request.
24. INTERLOCAL COOPERATION ACT. The purpose of this Agreement is to repair
the Desimone levee so that it meets federal levee safety standards. This Agreement
does not create a separate joint board or other legal or administrative entity. The
parties shall hold and dispose of property as set forth in this Agreement. The parties
are each responsible for their own finances in connection with this Agreement, and
nothing in this Agreement shall be deemed or construed otherwise. The duration of
this Agreement shall be ten years from the date of final execution.
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THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW.
CITY OF KENT: CITY OF TUKWILA:
220 Fourth Avenue South 6200 Southcenter Blvd.
Kent, WA 98032 Tukwila, WA 98188
By: By:
(signature) (signature)
Print Name: Suzette Cooke Print Name: Jim Haaaerton
Its: Mayor Its: Mayor
(title) (title)
DATE: DATE:
Attest: Attest:
City Clerk Christy O'Flaherty, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kent Law Department Shelley Kerslake, City Attorney
Interlocal with Tukwila - Desimone Levee Page 6 of 12 09/10/13
17
EXHIBIT A
Ecology Grant Agreement No. G1300118
between the
State of Washington Department of Ecology and the
King County Flood Control Zone District
Interlocal with Tukwila - Desimone Levee Page 7 of 12 09/10/13
18
EXHIBIT B
Agreement for Levee Construction, Operation and Maintenance
Briscoe - Desimone Levee
River Mile 14.3 to 17.0, Right Bank
Interlocal with Tukwila - Desimone Levee Page 8 of 12 09/10/13
19
EXHIBIT C
Location Map with River Miles
Interlocal with Tukwila - Desimone Levee Page 9 of 12 09/10/13
20
} RM-14
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LEGEND
BRISCOE-DESIMONE LEVEE �°°E'°"O`
�.,..eee..,. p,,.,EM,E
RIGHT BANK OF THE GREEN RIVER
S.180lh ST.TO S.2001h ST. I ♦-ni R R MEE
IIOf TO WALE
cVweT\x-.nn ixvvin Vq\¢o"wuu.mg.nll iunnw
21
EXHIBIT D
CLOMR by Reference
Interlocal with Tukwila - Desimone Levee Page 10 of 12 09/10/13
22
EXHIBIT D
A. Stability and Certification Report Briscoe/Desimone Levees Kent, Washington
by GeoEngineers, Inc. dated October 24, 2011.
B. FEMA Accreditation Report Green River Right Bank Levee Briscoe-Desimone
Levee System by GEI Consultants, Inc. dated April 2012.
Interlocal with Tukwila - Desimone Levee Page 11 of 12 09/10/13
23
EXHIBIT E
Weak Spots
Interlocal with Tukwila - Desimone Levee Page 12 of 12 09/10/13
24
a a
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CITY OF KENT
t
ENGINEERING DEPARTMENT
CITY OF KENT FIGURE 2
DRAWN SiE N
CAor TO SCALE LOCATION MAP
�ggp�g g _._.... BRISCOE DESIMONE LEVEE
w.x xixorox APPROVED DATE 10-10-12
0 I0r10/2012 14600 PM
25
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: September 5, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: September 16, 2013
From: Steve Mullen, Transportation Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Railroad Quiet Zones — Update
Item - 3
No Motion Required/Information Only
Summary:
Steve Mullen, Transportation Engineering Manager, will provide an update on the
efforts to establish a Railroad Quiet Zones on the Burlington Northern Santa Fe
Railway Company tracks and the Union Pacific Railroad tracks.
We have focused our efforts on the Burlington Northern Santa Fe (BNSF) mainline
tracks due to the higher volumes, roughly 50 trains per day versus 15 on the Union
Pacific (UP).
The attached memo provides an overview of the measures Kent would propose to
the Federal Rail Administration (FRA) to establish a Quiet Zone on BNSF. We are
concentrating on BNSF now, and will move to UP after BNSF is ready to move
forward.
Budget Impact:
None
26
This page intentionally left blank.
27
Railroad Quiet Zone Proposal (BNSF)
Proposal for Improvements on BNSF mainline route to allow Railroad Quiet Zone
In order to reduce the impacts of railroad locomotive train horn noise, the City of Kent
proposes improvements at the grade crossings listed below
1. S 259th Street:
a. Install Wayside Horn
b. Install W 10-2 warning signs on 1't Avenue S and 80th Avenue S approaches
to S 259th Street (2 signs)
2. Willis Street:
a. Install Wayside Horn
b. Install W 10-4 warning sign on northbound 1't Avenue S approach to Willis
Street (1 sign)
3. Titus Street:
a. Install Wayside Horn
b. Install W 10-2 warning signs on 1't Avenue S and Railroad Avenue S
approaches to Titus Street (4 signs)
c. Install R 10-6, STOP HERE ON RED, sign on westbound approach to crossing
(1 sign)
d. Eliminate paved path connection on west side of siding track that connects to
unauthorized parking area north of Titus Street, near Gowe Street
4. Gowe Street:
a. Extend westerly median additional 37' west, to 1st Ave (77' total median
length) Extend easterly median additional 20' to driveways on north and
south sides of Gowe St (60' total median length)
b. Install curb along north and south sides of Gowe Street from crossing to
Railroad Avenue, with a break in the curb to allow a driveway at least 60 feet
east of the railroad tracks
c. Install W10-2 signs on 1't Ave approaches to Gowe Street (2 signs)
d. Install W 10-9 (NO TRAIN HORNS) signs on Gowe Street (2 signs)
e. Install R15-8, LOOK, signs on pedestrian approach opposite traffic (2 signs)
f. Eliminate access path to asphalt area, south of Gowe Street east of the
easternmost track of BNSF tracks, commonly used as parking area
5. Meeker Street:
a. Extend westerly median additional 20 feet to the west, to 1't Avenue, and
extend the easterly median additional 20 east, to Railroad Avenue
b. Install curb along south side of Meeker Street from railroad tracks to Railroad
Avenue, with a break in the curb at least 60 feet east of the railroad tracks to
allow a driveway to the property south of Meeker Street
c. Install W 10-2 signs on 1't Avenue approaches to Meeker St
d. Install W 10-9 (NO TRAIN HORNS) signs (2 signs)
e. Install R15-8 signs on pedestrian approach opposite traffic (2 signs)
[9/12/2013] Page 1
28
Railroad Quiet Zone Proposal (BNSF)
6. Smith Street:
a. Install curb along the north side of Smith Street at back edge of sidewalk to
prevent vehicles from parking lot from accessing Smith Street
b. Install W 10-9 (NO TRAIN HORNS) signs on Smith St (2 signs)
c. Install R15-8 signs on pedestrian approach opposite traffic (2 signs)
7. James Street
a. Install Wayside Horn
b. Extend median on west side of tracks 5' east to crossing gate
c. Extend median on east side of tracks 10' west to crossing gate
d. Install W 10-4 sign on 1't Ave N, south of James St
8. S 212th Street
a. Extend median island east of tracks additional 38' feet (total length from
crossing arm: 100')
b. Install reflectorized channelization on median islands east and west of tracks
c. Install W 10-9 (NO TRAIN HORNS) signs on S 212th St (2 signs)
Note: grade crossings equipped with wayside horns are not evaluated in the quiet zone
calculations, as the wayside horn is a substitute for the locomotive horn
The proposed Railroad Quiet Zone would be from S 212th Street to Meeker Street. Three
grade crossings south of the proposed quiet zone would be equipped with Wayside Horns,
so there would be no need for routine sounding of locomotive horns.
As always, if the locomotive engineer determines that a emergency exists or is imminent
they always have the authority to sound the locomotive horn.
[9/12/2013] Page 2
N
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47
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 9, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: September 16, 2013
From: Cathy Mooney, Senior Transportation Planner
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Metro Transit Service Reduction Scenario
Item - 4
No Motion Required/Information Only
Summary:
With the failure of the state legislature to adopt a transportation funding package in
2013, plus the end of Metro's authorization to continue collecting the Congestion
Reduction Charge of $20 per vehicle in King County, Metro Transit finds that it must
start reducing the amount of transit service that it puts on the streets.
Approximately 17% of Metro's bus routes will be deleted beginning in September
2014.
This presentation will explain how Metro's proposal to cut 600,000 annual hours of
transit service may affect bus riders in Kent.
Budget Impact:
None
48
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49
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: September 9, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: September 16, 2013
From: Bill Thomas, Street Superintendent
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Solid Waste Garbage (Litter) - Update
Item - 5
Information Only/No Motion Required
Summary:
Staff will present information regarding our solid waste garbage (litter) program.
Budget Impact:
None
50
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51
ITEM #6
EXECUTIVE SESSION
Tom Brubaker
Interim Chief Administrative Officer
52
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53
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: August 28, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: September 16, 2013
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: LID 365 - SE 256th Street Improvements, 116th Ave SE to
Kent-Kangley Road
Item - 7
Motion:
Move to recommend Council adopt a Resolution of Intent setting
a public hearing date on the formation of Local Improvement District 365,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
Summary:
On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street
Improvement project to help fund the $2 million funding gap. This LID was rejected
and overturned by the participants 30 days later.
LID 364 included properties that signed a "No Protest' covenant that allowed for
development of the property without completing street improvements on 256th. They
agreed to not protest the formation of a future LID to help pay for the improvements
to the roadway.
The City proposes to form a new LID, (LID 365) to include only these properties and
collect the appropriate share of the costs for the road improvements as promised
under the "No Protest' covenants. The total assessments for the proposed LID 365
is $365,643.48 and includes 24 properties.
Budget Impact:
This amount was anticipated as part of the total project budget.