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City Council Committees - Public Works/Planning - 04/07/2003
Public Works Committee Agenda April 7, 2003 ACTION 1. Transportation Improvement Yes Wickstrom 10 min Board Grant Agreement - Authorize 2. NPDES Budget Recommendation Yes Wolinski 10 min Authorize 3. Kent Springs Transmission Main Yes Wickstrom 10 min Repair - Authorize 4. Puget Sound Energy Construction Agreement—Authorize Yes Wickstrom 10 min 5. Qwest Construction Agreement Authorize Yes Wickstrom 10 min i PUBLIC WORKS COMMITTEE MINUTES APRIL 7, 2003 COMMITTEE MEMBERS PRESENT: Judy Woods, sitting in for Chair Tim Clark, Leona Orr, sitting in for Julie Peterson, Rico Yingling STAFF PRESENT: Don Wickstrom, Bill Wolinski, Gary Gill, Mike Mactutis, Tom Brubaker, Jackie Bicknell The meeting was called to order by Council President Judy Woods at 5:00 P.M. Approval of Minutes of March 17, 2003 Committee Member Rico Yingling to approve the minutes of March 17, 2003. The motion was seconded by Councilmember Leona Orr and passed 3-0. Transportation Improvement Board Grant Agreement—Authorize Public Works Director Don Wickstrom said a Transportation Improvement Board Grant in the amount of$460,000 was received for the construction phase of the Pacific Highway South SR99 HOV Lanes, SR516 to South 252nd Street project. Rico Yingling recommended that the Council authorize the Mayor to sign the TIB Grant Agreement and authorize staff to accept the grant and establish a budget for the funds to be spent for the construction phase of the Pacific Highway South SR99 HOV Lanes, SR516 to South 252"d Street Project. The motion was seconded by Leona Orr and passed 3-0. i NPDES Budget Recommendation—Authorize Bill Wolinski, Environmental Engineer, said the City of Kent was included in the Phase 1I group of jurisdictions that were required, under the Clean Water Act, to acquire a NPDES permit for controlling storm water discharges. The intent of the program is to regulate materials discharged into the storm water system to avoid pollution of streams and other water bodies. Six minimum requirements must be met that include public education and awareness, illicit discharge detection and elimination, construction site run-off control, post-construction stornr water management in new development and redevelopment, and pollution prevention. The program has been around for some tirne and has been anticipated as part of the activities in the City's storm water program, therefore certain requirements have already been met. Part of the budget request is for the staffing resources and contractual services to help meet any deficiencies. Half a million dollars in the Drainage Fund would be reallocated to establish the program, and some money will also come out of the Endangered Species Act. Don Wickstrom clarified that two capital funds were established several years ago, and there is a balance leftover in those funds of$500,000. $112,710 would betaken out of the Drainage Capital Fund and transferred into the Engineering Division's Operating Fund to finance the position for this year. Next year more money would be taken out of that fund to carry the program into 2004. I Rico Yingling expressed concern about setting the budget today of almost $250,000 a year for three years in the future without providing a review of the program. i Public Works Committee,4/7/03 2 II Leona Orr moved to recommend that Council establish the budget for the program listed herein including the respective reallocation of the funds from the NPDES permit and ESA Capital Improvement Project funds along with authorizing the new Engineer I1 position, subject to a review after one year before it's included in the budget for 2005. The motion was seconded by Rico Yingling and passed 3-0. Kent Springs Transmission Main Repair-Authorize Don Wickstrom said that design section staff had been working with the Water Division to prepare a design for repair of the 24 inch Kent Springs Transmission Main at the east-end of Kent, along Kent Kangley Road. The main is leaking approximately 50 gallons per minute at a very difficult location to reach, adjacent to the Soos Creek Bridge approach. The cost to fix the main is currently estimated at $160,000. i Rico Yingling recommended that Council authorize the Mayor to award the Kent Springs Transmission Main Repair Project to the lowest responsible bidder, subject to the Public Works Director and the City Attorney's concurrence. The motion was seconded by Leona Orr and passed 3-0. Puget Sound Energy Construction Agreement—Authorize Don Wickstrom said that four box culverts would be installed in the Springwood Apartments (owned by the King County Housing Authority) as part of the West Fork Soosette Creek Improvements. The existing underground power utilities need to be relocated to a lower depth to provide clearance for the four box culverts. Costs to the City of Kent for the Puget Sound Energy facilities to be lowered are estimated to be approximately$100,000. Leona Orr moved to recommend that Council authorize the Mayor to sign the Puget Sound Energy Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0. Owest Construction Agreement- Authorize Don Wickstrom said that existing underground telephone facilities in the Springwood apartment complex needed to be relocated to a lower dept to provide clearance for four box culverts that will be installed as part of the West Fork Soosette Creels Improvements. The estimated cost to the City is $71,211.82. Rico Yingling moved to recommend that Council authorize the Mayor to sign the Qwest Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Leona Orr and passed 3-0. i l The meeting adjourned at 5:32 PM. Jackie Bicknell Council Secretary PUBLIC WORKS DEPARTMENT Don E. Wicicstrom,P.E., Public Works Director • Phone: 253-856-5600 [CENT Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: April 1, 2003 To: Public Works Committee From: Don Wickstrom Regarding: National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit— Budget recommendation The City is included in the group of municipalities (Small Municipal Separate Storm Sewer Systems, or Small MS4's) that are under a federal mandate to acquire an NPDES permit for its stormwater system. Under the NPDES program, the U.S. Environmental Protection Agency has stated that MS4's are required to meet six minimum measures. The six minimum measures, also listed in the attached permit application, include: • Public Education and Outreach on Storm Water Impacts, • Public Involvement / Participation, • Illicit Discharge Detection and Elimination, • Construction Site Run-off Control, • Post-Construction Stormwater Management in New Development and Redevelopment, and • Pollution Prevention / Good Housekeeping for Municipal Operations. In Washington, as in many other areas, the State Dept. of Ecology has been delegated the responsibility of administering the program. The City of Kent has made an application and already meets the majority of the six minimum measures. However, there are a few work programs which need to be added and / or improved for the city's stormwater program to meet these measures. The programs needed include Illicit Discharge Detection and Elimination, some aspects of the city's construction site runoff program and the preparation of pollution prevention plans for three municipal sites. The Illicit Discharge Detection and Elimination program will include several tasks: • Mapping of stormwater outfalls to creeks, channels and ditches in the city, • Inspection of 20% of the outfalls per year during the summer dry season, • Characterization of discharge during the dry season, • Pollution source identification, • Development of Control Strategies, • Performance monitoring and reporting, • Stormwater pollution investigation, • Ongoing educational program for businesses and the public, • Coordination with regulatory agencies, and • Training of City Employees for stormwater pollution prevention. This program will also require supporting tasks and costs: • Integration of the mapping into the city Geographic Information System (GIs), • Transportation, • Water sampling analysis, and • Legal assistance. The two items of the Construction Site Run-off Control measure which need to be upgraded to ensure the city meets the minimum measures include: • Certification in Erosion and Sedimentation Control through the state of city development inspectors and development review engineers as well as contractors doing work in the city, and • Hiring an Erosion and Sedimentation Control consultant for one year to facilitate the city's implementation of its Erosion and Sedimentation control standards. The final item to meet the minimum measures is the preparation of pollution prevention plans for the city's Riverbend Golf Course, the City Operations Site and the 114th Ave. Fill Site. i The Department of Ecology has not written the NPDES Phase II permit at this time. We have been told they may begin writing the permit later this year. The work items listed above are needed to meet the Federal Minimum Measures; the Department of Ecology may increase the requirements of MS4's above some of the minimum measures. The repercussions of not meeting the Federal Minimum Measures could result in future problems with the City in acquiring permits and / or grants from the State and Federal Governments. Although highly unlikely, there is also a potential for fines and imprisonment as possible results of noncompliance. To comply with this mandate will require additional staffing and budgetary funding. Because this whole NPDES issue falls within the realm of responsibilities of the City's drainage utility there is no impact to the City's general fund. To implement the Illicit Discharge and Detection Program we estimate will require one additional full time employee. Further there will be other costs associated with the GIs integration, transportation, sampling and legal assistance. The following table summarizes our estimate of the cost of compliance with respect to both annual operating costs and one time capital costs. While the tables reflects a significant sum on money it hasn't gone unanticipated. Within the existing capital budget we presently have approximately $500,000 allocated between two related project funds (the NPDES permit project fund and the Endangered Species Act project fund). Since our compliance is mandated and its in the best interest of the City to comply it's the Public Works Department recommendation that council authorize the staffing and funding noted in the table herein with the initial funding therefore coming from a reallocation of the monies within these two project funds. Please be aware that once these funds are depleted the on going operational costs of this program would then come from the Drainage Utility revenues where this program like all others would be part of the annual budget review and approval process. It should be noted that the funds within these project funds are near adequate to carry this program to the end of 2004. With respect to this year (2003) in essence recommendation would be to transfer $112,710 therefrom to a new Public Works Engineering Division fund which will be used to pay for the staffing and activities listed herein. Budget summary: First Year Annual Costs: Capital Costs: Engineer 11 — $41,710 Workstation and related costs — $6,279 Water sampling - $50,000 Vehicle — $19,000 Supporting Staff Tasks— $20,000 Erosion and Sedimentation Control Vehicle fuel - $1000 certification - $10,000 Erosion and Sedimentation Control consultant - $100,000 Pollution Prevention Plan consultant - $50,000 Total Annual Costs - $112,710 Total Capital Costs - $185,279 Total —$297,989 Subsequent Years Annual Costs: Engineer 11 —$83,419 Water Sampling - $100,000 Vehicle (incl. fuel) - $7,000 Supporting Staff Tasks — $20,000 Total - $210,419 MOTION: Recommend to full City Council the establishment of the budget for the program listed herein including the respective reallocation of the funds from the NPDES permit and ESA capital improvement project funds along with authorizing the new Engineer II position therefore. i j National Pollutant Discharge Elimination System (NPDES) Phase III Stormwater Permit Application qlwiMl Phase II Municipal Separate Storm Sewer Systems (MS4s) NASRIfl GPNN 6fAlE A f PRR14F Ni pF ECOLOGY The purpose of this application is for local governments or special districts to apply for a National Pollutant Discharge Elimination System (NPDES)permit to discharge stormwater runoff from a Phase II municipal separate storm sewer system (MS4s). The Department of Ecology may request additional information and a notice of intent at a later date, upon development of a general permit. MS4s seeking coverage must complete this application, based on existing information, and return it to the Department of Ecology before March 10, 2003. You may print this form and complete it by hand, or download it from our website at: www.ecy.wa.goN,/prop-_rams/wq/stormwater/index.htlnl, I An authorized signature is needed to complete the application. All information should be included on this form. Supporting documents should be referenced in the text only. No attachments are necessary, other than those that may be required render the Map Requirements. Mail completed application to: Department of Ecology Water Quality Program PO Box 47600 j Olympia, WA 98504-7600 Ecology will send you an acknowledgment of receipt. if you have questions about this application, please contact Janice Sedlak at(360) 407-6470 or email her at iscd461@ecy.wa.gov. I I I Part I. General Information (' I. MS4 Operator Name of city,county,special district,or other public entity: City of Kent Street Address: 220 Fourth Ave.S. 1 City, State,Zip: Kent, Washington 98032 Ownership status: ❑ Federal ❑ State ❑Private ® Public ❑ Other Entity 2. Local staff contact(person responsible for program implementation and coordination): Name: Michael Mactutis Phone: (253) 856-5520 Title: Environmental Engineering Supervisor E-mail: mmactutis@ci.kent.wa.us Does your MS4 presently have a web site? (If yes, list address www.ci.kent.wa.us) E Yes/❑No If so, are your ordinances available on your website(City Codes are available on the web site) ❑Yes/®No If not, where are your ordinances available? The City Clerk 10/15/02 Please submit before March 10,2003 Page 1 of 24 I 3. Operator Type ® City ❑ Town ❑ Drainage District ❑ County ❑ Flood Control District ❑ Other(list): 4. Description of Storm $ewer System = A. Area of land served by your MS4(in square miles): If city,town,or special district give: Area within current corporate boundaries 29.2 s.m. (Includes non-contiguous annexed areas) Additional area of urban growth area(UGA) 8.2 s.m. (Potential Annexation Area within urban growth area) Area that is urbanized(2000 Census) 21.8 s.m For all MS4s,give 2000 Census population for area served 79524 Area located on Indian lands(if any) 0 B. Storm Drainage Infrastructure: Please provide estimates, using the most accurate information available at this time, for the following storm drainage infrastructure features owned or operated by the MS4. Conveyance system: Flow Control system: Open ditches(miles or feet) 68 m. Detention facilities(estimate number operated by MS4) 227 Regional Storm sewers(miles or feet) 220 in. Retention facilities(estimate number operated by MS4) 0 Facilities: '.... Outfalls(estimate number) 245 6 Catch basins(estimate number) 12796 Treatment system: Treatment facilities(estimate number operated by MS4) 97 5. Map Requirements: Include a map or maps that identifies: ICI • City, county,or district service area boundaries • State or Federal vocational/technical/college/university campuses and military institutions • Urban area(as defined by the 2000 Census) • GMA urban growth area(UGA), even if partially in an Urban Area • Municipal/county wastewater treatment plants,outfalls, uncontrolled sanitary landfills,vehicle fleet maintenance centers,power plants, airports, and other municipally owned or operated industrial activities • Arterial city or county roads,(additional roads if needed), drainage basins,and receiving waters Please assure that information is clearly readable. Submit GIS maps if available, and only in .pdf format on a CD- ROM. Multiple maps must be of the same scale. 1":1000 or 1":2000 scales are recommended. Submit paper maps folded to 8.5 x 11." i i 10/15/02 Please submit before March 10,2003 Page 2 of 24 6. List all named receiving waters withiii your jurisdiction and%a mile downstream,and indicate those identified as impaired pursuant to Clean Water Act Section 303(d), and those with an existing Total Maximum Daily Load(TMI)L), This information is,available at:www.ecv.wa.eoy/programs/wo/links/impaired wtrs.html. WRIA. Water Body Name Impaired? :. -- Parameters: TMDL?<-_ and New 1D N if avail. - -.- 8 Rock Creek ❑Yes/M No ❑Yes/M No 9 Lake Fenwick(669'I'AC) ❑Yes/M No M Yes/❑No 9 Green River(FK76HV& M Yes/❑No Chromium,Fecal Colifonn,Mercury,Temperature ❑Yes/M No YD0511E) - - 9 Hill(Mill)Creek M Yes/❑No Dissolved Oxygen,Fecal Coliform,Temperature ❑Yes 10 No (R199NR) 9 Lake Meridian(148NFC) M Yes/❑No. Fecal Colifor n,Total Phosphorous ❑ Yes/M No j 9 Mullen Slough M Yes/❑No Dissolved Oxygen,'Temperature ❑Yes/M No (BP27QP) 9 Soos Creek(VY4301) ®Yes/❑No Fecal Coliform ❑Yes/M No 9 Little Soosette Creek ®Yes/❑No Dissolved Oxygen,Fecal Coliform ❑Yes/M No (GS67LK&III134YJ) 9 Springbrook(Mill)Creek M Yes/❑No Cadmium,Copper,Sediment Bioassay,Zinc ❑ Yes/M No (TS53NN) 9 Midway Creek ❑Yes/M No ❑Yes/M No 9 Garrison Creek ❑Yes/M No ❑Yes/M No '.... 9 Meridian Valley Creek ❑ Yes/M No ❑Yes/M No 9 Johnson Creek ❑Yes/M No ❑Yes/M No 9 Clark Lake ❑Yes/M No ❑Yes/M No Please list any water bodies for whielf a TMDL pollution Prevention plan,water quality monitoring program,or other relevant Program_is in place or in development. A TMDL is in development for the Green River. There is a TMDL in lace for Lake Fenwick for Total Phosphorous. 7. Does your MS4 have public infiltration facilities(infiltration basins or dry wells)? ❑Yes/M No If yes, estimate the percentage of the jurisdiction that discharges to these facilities. I 8. Is your MS4 interconnected to a_Washington State-Dept.of Transportation facility? M Yes/[]-No If yes,please identify: Interstate 5,State Routes 18, 167, 181,515 and 516 9. Is your MS4 interconnected,or do you discharge to another M Yes/❑No jurisdiction?If yes,identify below. Jurisdiction Name Contact Ultimate receiving water King County Dave Clark Cedar River King County Dave Clark Green River '.. City of Renton Ron Straka Green River City of Covington David Delph Green River 10/15/02 Please submit before March 10,2003 Page 3 of 24 Part Il. Your Proposed Stormwater Management Program This application requires you to identify Best Management Practices (BMPs) currently performed by your MS4, and provide information on your planned stormwater management program and proposed BMPs. The following six sections correspond to the six minimum control measures for a Phase 1I stormwater quality management program. Minimum Control Measures The National Pollutant Discharge Elimination System(NPDES)Phase II Rule defines a stormwater management program composed of six minimum control measures that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the Maximum Extent Practicable (MEP). The six control measures include: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post-Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations Each minimum control measure requires the selection and implementation of BMPs that comprehensively address the specific stormwater issues in your area. I The minimum requirements are provided in Appendix I as the minimum level necessary to comply with 40 CFR 122.34. Regulatory guidance from 40 CFR 122.34 is also provided for each minimum control measure. Additional guidance on selecting BMPs and developing measurable goals can be found at the following EPA website: www.epa.goN,/nAdes/stormwater/nieasurablegoals/index.htm. Instructions: For each minimum control measure, state your control objective and describe BMPs selected for implementation in your jurisdiction. For each BMP, include a brief description, measurable goal, and milestones as appropriate towards achieving that goal. Indicate if the BMP is part of an existing program, and if another entity will share responsibility for implementing the BMP. In cases where another entity will perform one or more BMPs or components thereof on behalf of the permittee, specifically describe the activities each entity will conduct, and include reference to legal agreement where appropriate. List as many BMPs as necessary to fulfill the requirements of 40 CFR 122.34 as referenced in Appendix L If you have more than 2 BMPs for a control measure, copy/paste additional tables as necessary. 10/15/02 Please submit before March 10,2003 Page 4 of 24 1. Public Education and Outreach on Storm Water Impacts Does your MS4 presently perform public education and outreach activities on stormwater ® Yes/El No impacts? . '. . :: ',. Minimum Provide public education and outreach on stoma water,sensitive areas, water quality,and the water cycle. Measure Objective 1: BMP 1(a): Water Festival2003 Is this part of an existing O Yes/❑ I Is another entity inv P olved in BM ® Yes/❑ program No im lementation?' No Measurable Educate Kent area elementary school students on the impacts of various activities on the environment, Goal: including sensitive areas per year. Milestones: 1500 students attended the Water Festival 2002. The City has participated in the water festival for four years. i 1 BMP 1(b): Classroom presentations to schools(kindergarten-high school). l Is this part of an existing ®Yes/❑ Is another entity involved in BMP ❑Yes/ program? No implementation? No Measurable Present to 4 classes per year. Coal: i i Milestones: Presented to 3 classes in 2002. i i BMP I(c): Educational tours of the City of Kent Green River Natural Resource Area for students and adults. Is this part-of an existing ®Yes/❑ Is another entity involved in BMP ❑Yes/ ro ram? r No implementation? No Measurable Provide tours to 150 students and 30 adults per year. Goal:- _. _._---- Milestones: Provided four student tours and one adult tour in 2002. i BMP 1(d): Make Best Management Practices available to the public through the City's private stormwater inspection program and the Ci 's web site. Is this part of an existing_ ®Yes/❑ Is another entity;involved in BMP ❑Yes/® j program? No implementation? No Measurable Availability of BMP materials through City field personnel. Coal: I Milestones: Program in place. The private storm inspectors made 739 site visits in 2002,including 124 new contacts. BMP 1(e): Provide education and information on chemical,pesticide and fertilizer use 10/15/02 Please submit before March 10,2003 Page 5 of24 Is thislpart of an existing ®ye'/❑ Is another entity involved in BMP ® Yes/Elro ram? No implementation? No Measurable Provide BMP's through the City's web site,through recycle events and hazardous waste collection events Goal: as well as through direct mailings to residents and businesses. Milestones: Program already in place. 2. Public Involvement/Participation Does your MS4 presently provide opportunity for the pueblic to be involved or participate in the " ®Yes/El No development or im lementation of a stormwater mane ment program? Minimum Provide opportunity for the public to participate in the implementation of the City stonnwater and Measure sensitive area program. Objective 2: BMP2(a): Volunteer Staff Gauge Program Is this part of an existing ®Yes/❑ Is another entity involved in BMP ❑Yes/ ro ram? . No im lementation?' No Measurable Maintain regular records obtained by volunteers of creek staff and crest gauges installed on creeks through Goal: the City before 2005. Milestones: Program has been implemented for three years. BMP 2(b): Participate in Watershed Resource Inventory Area(WRIA)Forum 8 and 9 with other goverment agencies and citizen environmental grou s Is this part of an existing Eyes/❑ : Is another entity involved in BMP ® Yes/Elro ram? No implementation? No Measurable Implement river and creek restoration projects advocated by the WRIA forum. Goal: Milestones: A grant application to purchase property for use as a salmon restoration site is being evaluated by the Salmon Recovery Funding Board after receiving a high ranking by the WRIA 8 forum. BMP 2(c): Provide public notice and receive comments on implementation of stonnwater program. Is this part of an existing ®Yes I❑ is another entity involved in BMP ❑ Yes/ program? - I No implementation? No Measurable Compliance with State requirements for notification per the State Environmental Policy Act. Goal: Milestones: The City implemented the 2002 City of Kent Surface Water Design Manual following a public meeting with area engineers and developers and public discussion at City Public Works Committee and Council meetings. BMP 2(d): Volunteer planting opportunities for students(Trees program). Is this.:part of an existing ® Yes/❑ Is another entity involved in BMP ❑Ycs/ program? No implementation? No i 10/15/02 Please submit before March 10,2003 Page 6 of 24 Measurable Involve 500 students per year and plan 1000 trees. Coal: Milestones: 500 to 1000 students involved per year since 2000. BMP 2(e): Monitoring of Soos Creek by Kentridge High School students.. Is this Part of an existing N Yes/❑ Is another entity involved in BMP ❑Yes/N program? No im lementation? No Measurable Provide education,maps,procedures for class to do monitoring each year. Coal: I Milestones: Have assisted high school class monitoring Soos Creek since 2002, i I I BMP 2(f): Seasonal regional recycling and hazardous waste disposal events Is this part of an existing N Yes/❑ Is another entity,involved in-BMP ®Yes/❑ program? No implementation? + No Measurable Participate in providing four community hazardous waste disposal and recycle events per year. Goal: Milestones: The City has participated in this regional program with King County for ten years. BMP 2(g): Volunteer Planting Events at the Green River Natural Resource Area Is this part of an existing N Yes/❑ Is another entity involved in BMP ❑Yes/ program? No Iimplementation? No Measurable Involve at least 100 adults and children from local area in planting and restoring the Green River Natural Goal: Resource Area per year. Milestones: At least 100 volunteers at 2 -4 events planted 1000-2000 plants per year since 1998. 3. Illicit Discharge Detection and Elimination Does your MS4 presently have a program for the detection and elimination of illicit'discharges to-' N Yes/❑No the storm sewer? iS Does your MS4 presently have an ordinance in place that enables you to prevent and,eliminate N Yes/❑No illicit discharges to the storm sewer? Minimum Detect and Eliminate Illicit Discharges to the City Storm Sewer Measure Ob'ective 3 BMP 3(a): Inspect private storm systems within the City for compliance with City Codes. Is this part of'an existing N Yes/❑ Is another entity involved in BMP ® Yes/❑ program? No implementation? N° 10/15/02 Please submit before March 10,2003 Page 7 of 24 I Measurable Inspect the private storm systems on a three year cycle and provide instructions to the system owners on Goal: requirements to maintain the system. Milestones: Have achieved a 100%compliance rate in the programs six years of existence. BMP 3(b): Inspect and Maintain the public storm drain system Is this part of an existing M Yes/❑ Is another entity involved in BMP ❑Ycs/ program? No implementation? No Measurable Maintain City detention facilities semi-annually and conveyance facilities on a five year schedule. Goal: Milestones: Inspected, cleaned or replaced 184,664 If of pipe, I,01 I manholes and 1,965 catch basins in 2002. BMP 3(c): Map public,private outfalls to Waters of the United States Is this part of an existing . . -_ ❑ Yes/_H_1 Is another entity involved in BMP ❑ yes/M program? No implementation? No Measurable Provide complete mapping of private storm outfalls and eliminate illicit outfalls. Maintain mapping of Goal: public outfalls. Milestones: Map public and private outfalls by 2005. BMP 3(d): Identify illicit connections through dry weather screening and targeted video inspection. Is this part of an existing El Yes/® Is another entity,involved in BMP El Yes/M Program? I No implementation? No Measurable A survey during dry weather of 20%e of the outfalls per year will be conducted to identify non-stormwater Goal: flows. Once each year's survey is complete, areas with suspicious discharges will be inspected to detect non-stormwater outfalls to the system. Milestones: 20%outfall survey and inspection per year. BMP 3(e): Provide a contact for illegal discharge/dumping. Is this part of an existing M Yes/0 -. is another entity involved in BMP ❑Yes/M i program? No implementation? No Measurable Provide a contact person to coordinate illegal discharge and dumping activities and include on the City's Goal: web site and in phone lists in 2003. Milestones: Provide phone number for contact on the City web site in 2003. BMP 3(f): Require storm drain stenciling on public and private projects. Is this part of an existing M Yes/❑ Is another entity involved in BMP ❑Yes/M program? No implementation?'. No 10/15/02 Please submit before March 10,2003 Page 8 of 24 Measurable Require on all projects as of 2003. Goal: Milestones: Program already in place. A. Construction Site Run-off Control In the following spaces,indicate if your MS4 presently performs these activities related to construction site runoff control. Activities: - Existing? Construction site plan review M Yes/❑No Responding to public input and complaints M Yes/❑No Enforcement and inspection procedures M Yes/❑No '.. Training and education M Yes/❑No Does your MS4 presently have an ordinance addressing construction site run-off control? M Yes/❑No If yes,code number-Kent City Code 7.05.074 and 7.07.114 Minimum Prevent construction site runoff from flooding or polluting downstream properties or water bodies. '.... Measure Objective 4: BMP 4(a): Require Temporary Erosion and Sedimentation Control Plan(TESCP)approval and implementation. Is this part of an existing M Yes/❑ is another entity involved in BMP ❑Yes/M pro I gram? No implementation? No Measurable Require submittal of TESCP on all proposed developments in the City. Goal: Milestones: Per the 2002 City of Kent Surface Water Design Manual, TESCP is required and is being implemented for all new construction. BMP 4(b): Require inspection of private construction sites for implementation of TESCP. '.. Is this part of an existing M Yes/❑ Is another entity involved in BMP ❑Yes/ program? I No I I im lementation?- No Measurable Implementation of TESCP as required on all construction sites. Goal: Milestones: Construction sites are visited by City inspectors and inspected for compliance with the approved TESCP. BMP 4(c): Establish a certification program for inspectors and contractors. Is this part of an existing ❑Yes/M Is another entity involved in BMP M Yes/❑ program? I No implementation?: No Measurable Require WSDOT Erosion and Sedimentation Control Certification by 2005 to be able to develop in the Goal: City. 10/15/02 Please submit before March 10,2003 Page 9 of 24 Milestones: 100%required certification by WSDOT by the beginning of 2005. BMP 4(d): Provide contact procedure for the public on construction stormwater issues. I, Is this part of an existing,,- M Yes/❑ Is another entity involved in BMP ❑Yes/M ro ram? No im lementation? No Measurable 80%resolution of construction stormwater impacts to downstream waters by 2005. Goal: Milestones: Provide public works phone number on City phone listing and web site. 5. Post-Construction Stormwater Management in New Development and Redevelopment Please answer the following,questions regarding Bost-construction stormwater management in new development and redevelopment. Does your MS4 presently have a development permit process in place? M Yes/❑No '.. Does your MS4 presently have a stormwater management technical manual? M Yes/❑No If yes,has the MS4 adopted the Ecology 2001 Stormwater manual,or an equivalent manual? ❑Yes/M No If no,what manual is currently adopted/used? Please list-2002 City of Kent Surface Water Design Manual (based on the 1998 Kin!Countv Surface Water Design Manual)-Equivalency has not been determined. Does your MS4 presently have a plan review process for new development and redevelopment? M Yes/❑No Does your MS4 presently inspect new stormwater facilities? M Yes/❑No Does your MS4 presently inspect existing stormwater facilities? M Yes/❑No Does your MS4 presently have a stormwater ordinance addressing post construction stormwater controls? M Yes/❑No If yes,code number- 7.05.074 and 7.07,114 Does your MS4 presently promote and/or provide incentives for Low Impact Development? M Yes/❑No Minimum Continue to develop,implement,and enforce a program to address stormwater runoff from new Measure development and redevelopment projects. Ob'ective 5: BMP 5(a): Enforce the 2002 City of Kent Surface Water Design Manual. Is this part of an existing M Yes/❑ Is another entity involved in BMP M Yes/❑ program? No im lemenfi tion? ` No Measurable Provide adequate surface water quantity control and quality treatment to protect downstream natural Goal: resources. Milestones: Manual is adopted by the City and is being enforced. I BMP 5(b): Enact an ordinance to allow private rainwater harvesting. Is this part of an existing ❑Yes/M Is another entity involved in BMP El Ye / program? No implementation? No i 10/15/02 Please submit before March 10,2003 Page 10 of 24 Measurable Passage of the ordinance by the City Council and installation of rainwater harvesting systems in new Goal: construction by 2005. Milestones: Allowance of rainwater harvesting by commercial development for non-potable uses. BMP 5(c): Wellhead protection program Is this part of an existing ®Yes/❑ Is another entity involved'in BMP ❑ Yes/ program?, No im lementation? No Measurable In compliance with the Safe Drinking Water Act and the Washington State Drinking Water Regulations Goal: (WAC 246-290-135), the City has developed a Wellhead Protection Program aimed at maintaining a high '..... quality municipal water supply. Milestones: As more development occurs within the Wellhead Protection Areas, the City has worked with adjacent local jurisdictions to encourage the design of stormwater facilities that maintain a no-net-loss of infiltration from pre-developed conditions,while ensuring that stormwater is properly treated. Maintain the reliable high quality drinking water currently utilized by the City of Kent and prevent future development from impacting roundwater resources. i 6. Pollution Prevention/Good Housekeeping for Municipal Operations Does your MS4 presently have a program in place to promote pollution prevention and good ®Yes/❑No j housekeeping for'munici al o erations? I P g p at would reasonablybe expected to,discharge contaminated runoff and are �List municipallyowned oro operated facilities that not covered under a NPDES permit: for examplej-vehicle maintenance garages,waste transfer operations,golf courses, salt or other materials storage,or open landfills. Also,indicate if there is a documented pollution prevention plan in place. Facility or type of facilities/operation: Pollution Prevention Plan? Public Woks Operations Facility ❑Yes/®No Riverbend Golf Course ❑Yes/®No I 14th Ave. Fill Site ❑Yes/®No Minimum Prevent pollution and waste from City of Kent municipal operations Measure Objective 6: BMP 6(a): Implement Regional Road Maintenance ESA Program ®Yes/❑ Is this part of an existing ®Ycs/❑ Is another entity involved in BMP program? No implementation? No Measurable All maintenance supervisors, leads and crews complete training provided by WSDOT by 2005. Goal: '.. Milestones: 50%of maintenance supervisors, leads and crews to be trained in 2003 and 2004. Maintain certified '.. trainer on staff. 10/15/02 Please submit before March 10,2003 Page 11 of 24 i BMP 6(b): Develop Pollution Prevention Plans for City owned or operated facilities. Is this part of an existing ❑ Yes/M Is another entity involved in BMP — ❑ Yes/M rorara? No implementation? No Measurable Completion and implementation of pollution prevention plans by the end of 2005. Coal: Milestones: Standard Operating Procedures in place for operation of Public Works Operation Facility and 114th Ave. Fill Site. Hire consultant to prepare Pollution Prevention Plans in 2004. BMP 6(c): Decrease water usage from City owned sites. Is this part of an existing M Yes/❑ ! Is another entity involved in BMP ❑ Yes/M program? 7 No implementation? No Measurable Decrease water usage by 10%in 10 years. Goal: Milestones: Decrease I%per year for 10 years beginning in 2000. '. BMP 6(d): Integrated Pest Management Program Is this part of an existing M Yes/❑ Is another entity involved in BMP M Yes/❑ program? No imp lementation?" No Measurable Complete and implement a Final Integrated Pest Management Program(IPMP)within the City of Kent Goal: and Wellhead Protection Areas outside the city limits. Milestones: The City of Kent has developed a draft IPMP. The IPMP should be in final form and ready for implementation during 2004. BMP 6(e): Standard Operating Procedures Is this part of an existing r,; M Yes/❑ Is another entity involved in BMP ❑Yes/M program? No implementation? No Measurable Provide procedures of Public Works Operations to minimize pollution due to municipal operations. Goal: Milestones: Standard Operating Procedures revised to include BMP's to minimize pollution to downstream sensitive areas in 2001. l i BMP 6(f): Implement BMP framework for maintenance and repair of water and sewer utilities in and near wetlands and streams. Is this part of an existing M Yes/❑ Is another entity involved in BMP ❑Yes/M program? No implementation? No Measurable Minimize pollution to wetland and streams to no occurrences from maintenance and repair of water and Coal: sewer utilities. Milestones: Adopted framework in May,2001. 10/15/02 Please submit before March 10,2003 Page 12 of 24 Part III. Recordkeeping and Reporting The permittee will comply with recordkeeping and reporting requirements per 40 CFR 122.34(g) Recordkeeping-40 CFR 122.34(g)(2) You must keep records required by the NPDES permit for at least three years. You must submit your records to the NPDES permitting authority only when specifically asked to do so. You must make your records, including a description of your stormwater management program, available to the public at reasonable times during regular business hours (see 122.7 for confidentiality provision). (You may assess a reasonable charge for copying. You may require a member of the public to provide advance notice.) Reporting-40 CFR 122.34(g)(3) Unless you are relying on another entity to satisfy your NPDES permit obligations under 122.35(a), you must I submit annual reports in year two and four unless the NPDES permitting authority requires more frequent reports. Your report must include: (i) The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures; (ii) Results of information collected and analyzed, including monitoring data, if any, during the reporting period; (iii) A summary of the stormwater activities you plan to undertake during the next reporting cycle; (iv) A change in any identified best management practices or measurable goals for any of the minimum control measures; and (v) Notice that you are relying on another governmental entity to satisfy some of your permit obligations (if applicable). Part IV. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Authorized Representative Name: Mike Martin Title: Chief Administrative Officer Signature: Sate: �m�0 3 i 10/15/02 Please submit before March 10,2003 Page 13 of 24 APPENDIX I. Minimum Control Measure Requirements (source: 40 CFR 122.34(b)) 1. Public Education & Outreach on Stormwater Impacts Minimum Requirements—40 CFR 122.34(b)(1)(i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Regulatory Guidance-40 CFR 122.34(b)(1)(ii) You may use stormwater educational materials provided by your state; tribe; EPA; environmental, public interest, or trade organizations; or other MS4s. The public education program should inform individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil and household hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities, as well as activities that are coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies, to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, sponsoring speaking engagements before community groups, providing public service announcements, implementing educational programs targeted at school age children, and conducting community-based projects such as storm drain stenciling and watershed and beach cleanups. In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant stormwater impacts. For example, providing information to restaurants on the impact of grease clogging storm drains, and to garages on the impact of oil discharges. You are encouraged to tailor your outreach program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. 2. Public Involvement/Participation Minimum Requirements—40 CFR 122.34(b)(2)(i) � You must, at a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participationprogram. Regulatory Guidance—40 CFR 122.34(b)(2)(ti) EPA recommends that the public be included in developing, implementing, and reviewing your stormwater management program, and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen representatives on a local stormwater management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program coordination with other pre-existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.) 10/15/02 Please submit before March 10,2003 Page 14 of24 3. Illicit Dis charge Detection & Elimination Minimum Requirements—40 CFR 122.34(b)(3)(i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2)) into your small MS4. (ii) You must: (A) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (B) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non-stormwater discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii) You need address the following categories of non-stormwater discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters,uncontaminated ground water infiltration(as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water(discharges or flows from fire fighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). Regulatory Guidance-40 CFR 122.34(b)(3)(iv) EPA recommends that the plan to detect and address illicit discharges include the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing the source of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected pollutants as part of the procedures for locating priority areas. Illicit discharge education actions may include storm drain stenciling; a program to promote, publicize, and facilitate public reporting of illicit connections or discharges; and distribution of outreach materials. 4. Construction Site Stormwater Runoff Control Minimum Requirements —40 CFR 122.34(b)(4)(i) You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for stormwater discharges associated with small construction activity in accordance with Sec. 122.26(h)(15)(i), you are not required to .levelop, implement, and/or enforce a program to reduce pollutant discharges from such sites. 10/15/02 Please submit before March 10,2003 Page 15 of 24 1 (ii) Your program must include the development and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B)Requirements for construction site operators to implement appropriate erosion and sediment control (ESC) best management practices; (C)Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D)Procedures for site plan review which incorporate consideration of potential water quality impacts; (E) Procedures for receipt and consideration of information submitted by the public, and (P) Procedures for site inspection and enforcement of control measures. Regulatory Guidance— 40 CFR 122.34(b)(4)(iii) Examples of sanctions to ensure compliance include non-monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. EPA recommends that procedures for site plan review include the review of individual pre-construction site plans to ensure consistency with local (ESC) requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a stormwater pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for stormwater discharges from construction sites). Also see Sec. 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf). 5. Post-Construction Stormwater Management in New Development & Redevelopment i Minimum Requirements—40 CFR 122.34(b)(5)(i) You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A) Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; (B) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; (C) Ensure adequate long-term operation and maintenance of BMPs. 10/15/02 Please submit before March 10,2003 Page 16 of 24 Regulatory Guidance—40 CFR 122.34(b)(5)(ifi) If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and attempt to maintain pre- development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally- based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens. When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post-construction runoff from new development and redevelopment), implementation strategies (e.g., adopt a combination of structural and/or non-structural BMPs), operation and maintenance policies and procedures, and enforcement procedures. In developing your program, you should consider assessing existing ordinances, policies, programs and studies that address stormwater runoff quality. In addition to assessing these existing documents and programs, you should provide opportunities to the public to participate in the development of the program. Non-structural BMPs are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas,maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended-detention outlet structures. filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre-construction review of BMP designs; inspections during construction to verify BMPs are built as designed; post-construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation and maintenance. Stormwater technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control technologies. 6. Pollution Prevention/Good Housekeeping for Municipal Operations Minimum Requirements— 40 CFR 122.34(b)(6)(i) You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your state, Tribe, or other organizations, your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 10/15/02 Please submit before March 10,2003 Page 17 of 24 Regulatory Guidance— 40 CFR 122.34(b)(6)(ii) EPA recommends that, at a minimum, you consider the following in developing your program: maintenance activities, maintenance schedules, and long-term inspection procedures for structural and nonstructural stormwater controls to reduce floatables and other pollutants discharged from your separate storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; procedures for properly disposing of waste removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporating additional water quality protection devices or practices. Operation and maintenance should be an integral component of all stormwater management programs. This measure is intended to improve the efficiency of these programs and require new programs where necessary. Properly developed and implemented operation and maintenance programs reduce the risk of water quality problems. ill I Ili 10/15/02 Please submit before March 10,2003 Page 18 of 24 i APPENDIX II. ABBREVIATIONS*: BAT Best Available Technology Economically O&M Operation and Maintenance Achievable (applies to non-conventional and toxic OW Office of Water pollutants) BCT Best Conventional Pollutant Control OWM Office of Wastewater Management Technology(applies to conventional pollutants) PA Permitting Authority BMP Best Management Practice POTW Publicly Owned Treatment Works BPJ Best Professional Judgment SIC Standard Industrial Classification 4 BPT Best Practicable Control Technology Currently SWPPP Stormwater Pollution Prevention Plan Available (generally applies to conventional TMDL Total Maximum Daily Load pollutants and some metals) TSS Total Suspended Solids CFR Code of Federal Regulations UA Urbanized Area CGP Construction General Permit COD Chemical Oxygen Demand CSO Combined Sewer Overflow CWA Clean Water Act(formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) CZARA Coastal Zone Act Reauthorization Amendments DO Dissolved Oxygen DMR Discharge Monitoring Report ELG Effluent Limitations Guidelines EPA Environmental Protection Agency FR Federal Register MEP Maximum Extent Practicable MS4 Municipal Separate Storm Sewer System MSGP Multi Sector General Permit NOI Notice of Intent NOT Notice of Termination NOV Notice of Violation 1 NPDES National Pollutant Discharge Elimination System NPS Non-point Source 10/15/02 Please submit before March 10,2003 Page 19 of 24 I DEFINITIONS*: Authorized Representative: For a nsunicipality, State, Federal, or other public agency: (a) By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal Agency includes (i)the chief executive officer of the Agency, or(ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the Agency (e.g., Regional Administrators of EPA). (b) All reports required by permits, and or other information requested by the Director shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative of that person. Best Available Treatment(BAT)/Best Control Technology (BCT): A level of technology based on the very best(state of the art) control and treatment measures that have been developed or are capable of being developed and that are economically achievable within the appropriate industrial category. Best Management Practices (BMPs): Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Category (xi) facilities: Specific facilities classified as light industry with equipment or materials exposed to stormwater. Clean Water Act(Water Quality Act): (formerly the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Public law 92-500; 33 U.S.C. 1251 et seq.; legislation which provides statutory authority for the NPDES program. Also know as the Federal Water Pollution Control Act. Conveyance: The process of water moving from one place to another. Detention Facility: An above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. Discharge: The volume of water(and suspended sediment if surface water) that passes a given location within a given period of time. Erosion: When land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road-building, and timber harvesting. Excavation: The process of removing earth, stone, or other materials from land. General Permit: A penmit issued under the NPDES program to cover a certain class or category of stormwater discharges. These permits reduce the administrative burden of permitting stormwater discharges. Grading: The cutting and/or filling of the land surface to a desired slope or elevation. Illicit Connection: Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater and is not authorized by an NPDES permit,with some exceptions (e.g., discharges due to fire fighting activities). Interconnected: See Physically Interconnected Industrial Activity: Any activity which is directly related to manufacturing,processing or raw materials storage areas at an industrial plant. 10/15/02 Please submit before March 10,2003 Page 20 of 24 Large Municipal Separate Storm Sewer System (MS4): An MS4 located in an incorporated place or county with a population of 250,000 or more, as determined by Light Manufacturing Facilities: Described under Category(xi) of the definition of"stormwater discharges associated with industrial activity" [CFR 122 26(b)(14)(i-ix and xi)]. Under the Phase I NPDES Stormwater Program, these facilities were eligible for exemption from stormwater permitting requirements if certain areas and activities were not exposed to stormwater. As a result of the Phase II Final Rule, these facilities must now certify to a condition of no exposure. Low Impact Development: The integration of site ecological and environmental goal and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of flow paths and runoff time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature) trees, flood plains,woodland and highly permeable soils. Maximum Extent Practicable (MEP): A standard for water quality that applies to all MS4 operators regulated under the NPDES Stormwater Program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs. Medium Municipal Separate Storm Sewer System (MS4): MS4 located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the latest U.S. Census. Municipal Separate Storm Sewer System (MS4): A publicly-owned conveyance or system of conveyances that discharges to waters of the U.S. and is designed or used for collecting or conveying stormwater, is not a combined sewer, and is not part of a publicly-owned treatment works (POTW). Multi-Sector General Permit(MSGP): An NPDES permit that regulates stormwater discharges from eleven categories of industrial activities. New Development: Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. No exposure: All industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. Non-authorized States: any State that does not have the authority to regulate the NPDES Stormwater Program. Non-point Source (NPS) Pollutants: Pollutants from many diffuse sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Notice of Intent (NOI): An application to notify the permitting authority of a facility's intention to be covered by a general permit; exempts a facility from having to submit an individual or group application. NPDES: "National Pollutant Discharge Elimination System" the name of the surface water quality program authorized by Congress as part of the 1987 Clean Water Act. This is EPA program to control the discharge of pollutants to waters of the United States (see 40 CFR 122.2). 10/15/02 Please submit before March 10,2003 Page 21 of 24 O&M Expenditures: The operating and maintenance costs associated with the continual workings of a project. Outfall: The point where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water. Permitting Authority (PA): The NPDES-authorized state agency or EPA regional office that administers the NPDES Stormwater Program. PAs issue permits,provide compliance assistance, and inspect and enforce the program. Physically interconnected MS4: This means that one MS4 is connected to a second MS4 in such a way that it allows for direct discharges into the second system. Point Source Pollutant: Pollutants from a single, identifiable source such as a factory or refinery. Pollutant Loading: The total quantity of pollutants in stormwater runoff. Qualifying local program: A local, State or Tribal municipal stormwater management program that imposes, at a minimum, the relevant requirements of one or more of the minimum control measures includes in 122.34(b). Redevelopment: On a site that is already substantially developed(i.e.,has more than 35% or more of existing impervious surface coverage), the creation or addition of impervious surfaces;the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. Regional: An action(here, for stormwater management purposes) that involves more than one discrete property. Regional Detention Facility: A stormwater quantity control structure designed to correct the existing surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is sited to detain stormwater runoff from a number of new developments or areas within a catchment Regulated MS4: Any MS4 covered by the NPDES Stormwater Program (regulated small, medium, or large MS4s). Retention: The process of collecting and holding surface and stormwater runoff with no surface outflow. Retention/detention facility (R/D): A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation,plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a sort period of time and then release it to the surface and stormwater management system. Retrofit: The modification of stormwater management systems through the construction and/or enhancement of wet ponds, wetland plantings, or other BMPs designed to improve water quality Runoff: Drainage or flood discharge that leaves an area as surface flow or as pipeline flow. Has reached a channel or pipeline by either surface or sub-surface routes. Sanitary Sewer: A system of underground pipes that carries sanitary waste or process wastewater to a treatment plant. Sediment: Soil, sand, and minerals washed from land into water, usually after rain. Sediment can destroy fish- nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants. Sheet flow: The portion of precipitation that moves initially as overland flow in very shallow depths before eventually reaching a stream channel. 10/15/02 Please submit before March 10,2003 Page 22 of 24 Site Plan: A graphical representation of a layout of buildings and facilities on a parcel of land. Site Runoff: Any drainage or flood discharge that is released from a specified area. Small Municipal Separate Storm Sewer System (MS4): Any MS4 that is not regulated under Phase I of the NIPDES Stormwater Program and Federally-owned MS4s. Stakeholder: An entity that holds a special interest in an issue or program -- such as the stormwater program- since it is or may be affected by it. Standard Industrial Classification (SIC) Code: A four digit number which is used to identify various types of industries. Storm Drain: A slotted opening leading to an underground pipe or an open ditch for carrying surface runoff. Stormwater: Precipitation that accumulates in natural and/or constructed storage and stormwater systems during and immediately following a storm event. Stormwater Management: Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural)that collect, store, control, and/or convey stormwater. Stormwater Pollution Prevention Plan (SWPPP): A plan to describe a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in Stormwater runoff. Surface Water: Water that remains on the surface of the ground, including rivers, lakes, reservoirs, streams, wetlands, impoundments, seas, estuaries, etc. Total Maximum Daily Load (TMDL): The maximum amount of pollutants which can released into a water body without adversely affecting the water quality. Tool Box: A term to describe the activities and materials that EPA plans to perform/produce to facilitate implementation of the stormwater program in an effective and cost-efficient manner. The eight components include: 1) fact sheets; 2) guidance documents; 3) menu of BMPs; 4) compliance assistance; 5) information clearing house; 6) training and outreach efforts; 7) technical research; and 8) support for demonstration projects. Treatment BMP: A BMP that is intended to remove pollutants form stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators,biofiltration swales, and constructed wetlands. Uncontrolled Sanitary Landfill: a landfill or open dump, whether in operation or closed,that does not meet the requirements for run-on or runoff controls established pursuant to subtitle D of the Solid Waste Disposal Act. Urbanized Area (UA): A Bureau of the Census determination of a central place (or places) and the adjacent densely settled surrounding territory that together have a minimum residential population of 50,000 people and a minimum average density of 1,000 people/square mile. This is a simplified definition of a UA;the full definition is very complex. Urban Growth Areas means those areas designated by a county pursuant to RCW 36.70A.110. Urban Runoff: Stormwater from urban areas, which tends to contain heavy concentrations of pollutants from urban activities. Watershed: That geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also known as drainage area, catchment, or river basin). i Wet Weather Flows: Water entering storm drains during rainstorms/wet weather events. *The following references were used in these sections: j 10/15/02 Please submit before March 10,2003 Page 23 of 24 i • Stormwater Phase II Compliance Assistance Guide;United States Environmental Protection Agency, Office of Water; March 2000; Publication# EPA 833-R-00-002. • 40 Code of Federal Regulations,part 122.22, (3); United States Environmental Protection Agency. • Stormwater Management Manual for Western Washington; Washington State Department of Ecology;August 2001; Publication#99-11 through 99-13. • Loin Impact Development in Puget Sound Innovative Stormwater Management Practices, a conference sponsored by the Puget Sound Water Quality Action 'ream and King County Department of Natural Resources through a Water Works Grant. • Low Impact Development Design Strategies, An Integrated Design Approach; Prince Georges County,Maryland, Department of Environmental Resources;June 1999. I 10/15/02 Please submit before March 10,2003 Page 24 of 24 PUBLIC WORKS DEPARTMENT V Don E. Wicicstrom, P.E. Public Works Director • KE N T Phone: 253-856-5500 WASHiNoroN Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent,WA 98032-3895 Date: Apri17, 003 To: Public orks Committee From: Do kstrom, Public Works Director t,)v- RE: Qwest Construction Agreement West Fork Soosette Creek Improvements—Utility Relocation As part of the West Fork Soosette Creek Improvements, four box culverts will be installed in the Springwood Apartments, which are owned by King County Housing Authority. The existing underground telephone facilities need to be relocated to a lower depth to provide clearance for the four box culverts. It is estimated that the City's costs therefore is $71,211.82. Attached is the agreement with Quest, for the relocation of its facilities. The Public Works Director Recommends that the Mayor be authorized to sign same subject to the approval of the terms and conditions therin by the City Attorney and myself. i i i i Motion: Recommend authorizing the Mayor to sign the Qwest Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. 1 ride The light Qwest. Date: 4/1/2003 C17Y OF KENT DEPT. OF PUBLIC WORKS ENGINEERING DIVISION '.. WILLIAM S.WOLINSKI 220 FOURTH AVE S. KENT,WA 98032 JOB NUMBER: C3WOOB7 RE: THE WEST FORK SOOSETTE CREEK IMPROVEMENT PROJECT IN KENT, WASHINGTON Attached are two copies of our Billing Proposal. We must receive both copies, signed at the acceptance paragraph, before the work described on the Qwest proposal can be started. We will return one copy,with our manager's signature, for your records. We will also need your 50%Advance payment in the amount of$35.605.91, before the work or material can be ordered. Send to: QWEST COMMUNICATIONS BART-GROUP 700 W. MINERAL RM NE G29.29 '.. LITTLETON,CO 80120 If you have any questions with the scheduling and/or work to be done, please call your Engineer, Carol Davis,503.242-2835. Sincerely, Sandie M. Hess Bart Coordinator enclosures i I RG-25 N59 PROPOSAL (4QDa2) Contract Number: C3W0087 Job Authorization No.: Date: April 1, 2003 Job Number. QW0087 Customer/ Billing Address: Work Location: CITY OF KENT DEPT. OF PUBLIC WORKS ENGINEERING DIVISION FOR THE WEST FORK SOOSETTE WILLIAM S. WOLINSKI CREEK IMPROVEMENT PROJECT IN 220 FOURTH AVE. S KENT, WASHINGTON KENT, WA 98032 Description and/or specifications of work to be performed by Qwest under this Proposal("Work"): SPECIAL CONSTRUCTION CHARGES FOR OWEST TO RELOCATE COPPER CABLES FOR THE WEST FORK SOOSETTE CREEK IMPROVEMENT PROJECT(SPINGWOOD APARTMENTS- LOCACTIONS W-4, W-5, AND W-6. A SEPARATE CONTRACT WILL BESENT FOR COST FROM POTELCO CUSTOMER TO BE BILLED ACTUAL COSTS ESTIMATED AT$71,211.82 Advance Payment(Required before work begins) $ 35,605.91 ACTUALS ACTUAL DOLLARS 'Customer will be responsible for these Charges only, unless a change order is signed by both parties in accordance with Section 8 below. For outstanding balances: Qwest will submit an Invoice of Charges to Customer upon completion of all construction work necessary to fulfill this Proposal. Customer will pay the invoice within thirty (30)days of receipt. All past due accounts may be assessed a late fee at 14%APR, Qwest shall perform the work in a professional manner, consistent with industry standards, shall be fit and sufficient for the stated purpose and shall conform to the Specifications. The work to be performed under this Proposal shall be released to Construction for scheduling pending the return of the fully executed Proposal and receipt of the Advance Payment. Owest may withdraw this proposal if not accepted by the customer within 30 days. Owest Corporation Authorized Signature: Name Printed/Typed: Debbie J Young Title: Manager Date: Acceptance of this Proposal and all of its terms and conditions constitute a binding contract. The charges and specifications are satisfactory and are hereby accepted. Customer: Authorized Signature: Name PrintedfTyped: Title: Date: NOTE: CONTRACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 OF THIS DOCUMENT, Proposal 2001 Qwasl C., rwl. 1 Vei4m.@-07-02 p RG45-0G59 ' This Proposal, all terms and conditions and the tariff, if applicable,constitute the entire Agreement and supersede all reviouS agreements between Qwest and Customer relating to the subject matter hereof. 1. Customer Responsibilities. Customer shall furnish all surveys and a description of the site. Customer shall secure and pay for all necessary permits,approvals, easements, assessments and any other charges required for the Work to be performed under this Proposal. Qwest shall be under no obligation whatsoever and the Customer assumes all responsibility to contact and make arrangements with any third parties, such as power companies, railroads,cable companies, or other telecommunications companies to arrange for the relocation of wires and equipment or the temporary disconnection of the transmission of electricity. 2. Owest Responsibilities. Owest shall supervise and direct the Work under this Proposal and shall be solely responsible for construction means, methods, techniques, sequences, procedures of the Work and any safety precautions associated with the Work hereunder. 3. Concealed/Subsurface Conditions. Should concealed conditions be encountered below the surface of the ground, or in an existing structure, during the performance of the Work, differing materially from those ordinarily encountered and generally recognized as inherent in the Work,the Proposal Charges shall be equitably adjusted by change order upon written claim by either party made within twenty(20) days after the first observance of such conditions. 4. Limitation of Liability- NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT; provided, however,there shall be no limitation on a party's liability to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or local administrative agency resulting from the failure of the party to comply with any term or condition of this contract or any valid and applicable law, rule or regulation. Force Majeure. In the event the performance of Qwest is interrupted or prevented by an event, not due to its own fault, ,at was not reasonably foreseeable and could not have been prevented through the exercise of reasonable care("Event of Force Majeure"), then the performance of Owest's obligations hereunder shall be suspended until such time as the Event of Force Majeure has been eliminated. Owest shall use its best effort to eliminate an Event of Force Majeure. 6. DISPUTES. Any claim,controversy or dispute between the parties shall be resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law. 7. Warranty. All workmanship is guaranteed against defects for a period of six(6)months from the date of completion. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy for Customer under this Proposal shall be that Qwest will re-perform any part of its work which is found to be defective. Qwest shall not be responsible for damage to its work by other parties or for improper use of the equipment by others. 8. Changes. Changes in the Work, an adjustment to the proposal price or the timeframe for the Work shall be made by change order specifically slated in writing. The cost or credit to the Customer from a change shall be determined by mutual agreement. 9. Safety and Environmental Conditions. Customer understands and acknowledges that should Qwest encounter a hazardous substance and determine that such substance presents a health or physical hazard, Qwest may,without penalty, discontinue work under this contract. 10. Termination. In the event Customer elects to abandon the project and terminate this contract for Customer's convenience, Qwest shall be paid for all Work executed and any expense sustained plus a reasonable profit P,.Pcsal Vanim 02-M2 2GG1 Owed CDr aliW PUBLIC WORKS DEPARTMENT i Don E. Wiclvstrom, P.E. Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: April 7, 2003 To: Public orks Committee From: Donikstrom, Public Works Director RE: Puget Sound Energy Construction Agreement West Fork Soosette Creek Improvements - Utility Relocation As part of the West Fork Soosette Creek Improvements, four box culverts will be installed in the Springwood Apartments, which are owned by King County Housing Authority. The existing underground power utilities need to be relocated to a lower depth to provide clearance for the four box culverts. It is estimated that our costs for Puget Sound Energy to lower its facilities will be approximately$100,000. The attached is a draft of an agreement with Puget Sound Energy, for relocating their facilities. The Public Works Director Recommends that the Mayor be authorized to sign same subject to final approval of the terms and conditions therin by City Attorney and myself. l Motion: Recommend authorizing the Mayor to sign the Puget Sound Energy Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. 1 FACILITY RELOCATION/11IODIFICATION AGREEMENT � D1; D THIS Facility Relocation/Modification Agreement ("Agreement"), dated as of this day of 200, is made by and between PUGET SOUND ENERGY, Inc., a Washington corporation ("Company"), and KENT a municipal corporation of the State of Washington ("City"). The Company and Kent are sometimes referred to herein collectively as the "Parties". RECITALS A. The Company owns and operates certain facilities: (i) underground power lines (such facilities are collectively referred to herein as "Facilities"). Some or more of the Facilities occupy and use "existing easements". . B. The City plans to construct improvements to four (4) culverts in the Springwood Apartment Complex. ("Improvements"). C. The Improvements necessitate the redesign and modification or relocation of the Facilities. In connection with the Improvements, the City has requested the Company to modify a portion of the Facilities to ensure proper clearances are maintained between such Facilities and Improvements in accordance with prudent utility practices ("Relocated Facilities"). Acquisition of sufficient new operating rights for the Facilities may also be necessary. D. The Parties desire to enter into this Agreement to govern the installation of the Relocated Facilities. Page 1 City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5/30/00 i AGREEMENT D Q Now, therefore, the Parties agree as follows: 1. Facilities Modification 1.1 Scope of Work The following is the scope of work to modify the Relocated Facilities: [describe the work] ("Work"). The design for the Work will meet the Company's engineering design standards and all required approval by government authorities. i 1.2 Obligations of Kent The City] shall, at its expense, 1.3 Work Schedule Prior to the commencement of the Work, the Company and the City shall mutually agree upon a schedule that sets forth milestones for completing the Work ("Work Schedule"). The Work Schedule may be revised from time to time by mutual agreement of the Parties. The Company shall perform the Work in accordance with the Work Schedule, provided, however, that the ability of the Company to perform the Work is subject to any and all conditions placed upon the Company by governing jurisdictions. The Parties acknowledge that delays caused by any jurisdictional agency or property owner from whom permits, easements, and other operating rights are required may occur. So long as the Company exercises reasonable effort to perform the Work in accordance with the Work Schedule, the Company shall not be liable to the City (or its agents, servants, Page 2 City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5/30/00 employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising in connection with the Work Schedule. 1.4 Ownership of Facilities The Company shall own, operate, and maintain all Relocated Facilities installed pursuant to this Agreement. 1.5 Permits Pursuant to paragraph 1.6,no jurisdictional permits are required for the Company. 2. Costs 2.1 General The City shall be responsible for, and reimburse the Company for, all Costs and Expenses necessarily incurred or allocable to the Work. For the purposes of this Agreement, "Costs and Expenses" shall include, without limitation, any and all direct or indirect costs necessarily incurred or reasonably allocated to this Agreement or its performance, including, but not limited to, the cost of labor, personnel, consultants, attorneys and other professionals, travel, printing, supplies, taxes, permits, approvals, assessments, inspections, tests, transportation, material, supplies, equipment, tools, utilities, services, rental charges, consumables, premium for bonds or insurance, disposal costs, overhead, administration and general expenses, and any other charges authorized by applicable tariffs. i f Page 3 i City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5/30/00 2.2 Payment Dip The City shall, within thirty (30) days after the completion of the Work to be performed by the Company pursuant to paragraphs 1.1 and 1.2 above, remit to the Company a payment equal to the amount of the actual Costs and Expenses. 2.3 Estimate of Costs and Expenses As of the date of this Agreement, the estimate for all Costs and Expenses to perform the Work in accordance with this Agreement is [amount in words]-dollars ($amount) ("Estimate"). This Estimate does not affect the recoverability of any costs in excess thereof. The Parties further agree that the foregoing Estimate is subject to change for reasons that include, but are not limited to,the following: a) the City revises its construction plans for the Improvements in a manner that requires the Company to revise its construction plans for the Relocated Facilities ("Revision"); or b) the City(or its agents, servants, employees, contractors, subcontractors, or representatives) cause delays in the Company's installation of the Relocated Facilities; or c) construction has not started within 90 days from the date of this I Agreement. 1.6 Change Order Proposals If the estimated Costs and Expenses for a Revision are greater than 10% of the Estimate herein, the Company shall require the City to sign a Change Order Proposal Page 4 City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5/30/00 describing the Revision and the estimated Costs and Expenses associated with said Revision. The City shall be responsible for, and reimburse the Company for, the actual cost of the Revision pursuant to paragraphs 2.1 and 2.3. 2.5 Costs Upon Termination of Work In the event that the City cancels the Improvements proposed hereunder, the City shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work to be performed under this Agreement prior to the date canceled. 3. Limitation of Liability The Company's liability in connection with the work hereunder shall be limited to property damages or personal injuries caused by the intentional or negligent acts of the Company, its employees or agents, limited to the extent of negligence attributable to the Company, its employees or agents. In no event shall the Company be liable for any consequential, indirect, special, or incidental damage, nor shall the Company be liable for injuries or damages of any kind that arise from causes beyond the control of the Company, including but not limited to acts of God, weather, labor disputes, procurement delays, delays in plan or permit approvals, or other third party actions. 4. Indenarity The City releases and shall defend, indemnify, and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs, and expenses (including,but not limited to, reasonable attorneys' fees) caused by, arising out of, or in connection with the Page 5 City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5130/00 performance of the City's duties under this Agreement. During the performance of such activities the City's employees shall at all times remain employees of the City The Company releases and shall defend, indemnify, and hold the City harmless from all claims, losses, harm, liabilities, damages, costs, and expenses (including,but not limited to, reasonable attorneys' fees) caused by, arising out of, or in connection with the performance of the Company's duties under this Agreement. During the performance of such activities the Company's employees shall at all times remain employees of the Company. In witness whereof, the parties have executed this Agreement as of the date set forth above. CITY OF KENT PUGET SOUND ENERGY, INC. By BY Its Its Page 6 City of Kent Culvert replacement project inside Springwood Apartments Notification 10444436 Rev 5/30/00 Mr. Joe Fielding Dip ivironmental Engineer City of Kent 220 Fourth Avenue South Kent, WA 98032-S895 I I I I� i PUBLIC WORKS DEPARTMENT • Don E. Wickstrom, P.E. Public Works Director KENT WASH 1 N O T°N Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 7, 2003 To: PuBickstrom, orks Committee From: Do P.E. Public Works Director RE: Transportation Improvement Board(TIB) Grant Agreement #9-P-113(004)-4 We are in receipt of a TIB Grant Agreement for the construction phase of the Pacific Highway I� South SR-99 HOV Lanes SR-516 to South 252"a Street project. At this time we are requesting authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. We have placed this item on the April 15`" Council Agenda, upon the Committee's concurrence, due to the short window of time allowed to return the signed agreement to TIB. Motion: Recommend authorizing the Mayor to sign the TIB grant agreement, authorize staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. i Washington State $�m Transportation Improvement Board FMareh mittal Letter TIB Member 2003 GooncilmemCP,R KngCou _ Coun6nnembar WOliam Ganley Mr. Don Wickstrom Vise Chan,City of tle11le Ground Mr.John Akers,P.E. Public Works Director " Ofryof E0cnsbVrg City of Kent Mr T°emaPe�d P ry 220 - 4th Avenue South Commissioner Lao Bowman Kent,WA 98032-5838 9ento,Ccunry Mp jpprgeCf855 Ponofl.ongmew Transportation Improvement Program Ms.Kathleen Bella 9-P-113(004)-4 WGOOT Pacific Highway South SR-99 HOV Lanes MC-Ban Bicamo SR-516 to South.252nd Street GDan Transit Coendlmembar Mary Gates Construction Phase Approval Cryof Federal Way Ms.Paula Hammond P.E. WSOOT Coun .i pocadernRobHiggins This is to confirm that the TIB has authorized the construction phase of this Glty of Spokane Mr,Pick McKinley project effective March 12, 2003. See roval of this Projehe attached cment for specific Cgy°f©ening^ant information regarding construction app Mr.Dave Nelson complete an Updated Cost Estimate Grans County In accordance with TIB Guidelines, Mr.Dave 0Coonell (LICE) form after bid award and prior to award of the contract. Send the Masao C°enty signed UCE form and a copy of the bid tabulations to the T113.you may award the Mr.Paul RobertsCdyofEverett receive either verbal or written concurrence from TIB staff, Mr.Alien Gchweim contract. Call or e-mail your TIB project engineer to receive an Updated Cost Spokane hand Authority Estimate form. Commissioner Mike Shelton !stand County M,.A,noldTomaO For assistance with your project, contact Greg Armstrong, TIB Project 91cyde Alliance°/Washington Mr.Doug Vaughn Engineer, at (360) 586 1142 or via e-mail at GregA@TI .wa.go . Opice of Financial managernent Mr.Jay Weber Oouny Road Adminrsnarion Board Mr,Stevan Gorcesher Fxecutwe O%rector P.O.BOX 40901 Olympia,W A 98504-0901 Phooe:360-886-1140 Fax:360-5861165 www.lib.wa.gov Investing in your focal community Attachment Construction Approval Effective Date: March 12, 2003 Project Information Lead Agency: City of Kent Project Number: 9-P-113(004)-4 Project Title: Pacific Highway South SR-99 HOV Lanes Project Termini: SR-516 to South 252nd Street Reimbursement Ratio: 37.7% T Ose Approved TIB Funds lication/Design 96,574 Construction 363,426 Authorization $460,000 i This confirms TOhas authorized construction approval for this project in the amount of $363,426, for a total authorization of $460,000. � I 03/12/2003 Date 45UL111Ve wit Vcto E I Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: 9-13-113(004)-4 PROJECT TITLE: Pacific Highway South SR-99 HOV Lanes PROJECT TERMINI: SR-516 to South 252nd Street 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TO Form 190-500 Page 1 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board j Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TO has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1) was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TIB Form 190-500 Page 2 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction. Approved as to Form This 14th Day of February, 2003 Christine O. Gregoire Attorney General By: Signature on file Jeanne A. Cushman Assistant Attorney General i Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director Date Print Name Print Name i TIB Form 190-500 Page 3 of 3 Rev.2/14/2003 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director K E N T Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 7, 2003 To: Public Works Co imr rttee From: Don Wiekstroiu lic Works Director RE: Kent Springs Transmission Main Repair i Design Section staff have been working with our Water Division to prepare a design for a repair of the 24 inch Kent Springs Transmission Main at the very East end of Town along Kent Kangley Road. The main is leaking approx. 50 gallons per minute at a very difficult location to reach. After review by a number of industry experts it was determined that the best fix would be to replace a section of main adjacent to it's current location which is under the Soos Creek Bridge approach. The cost to fix is currently estimated at $160,000. The main could be out of service for 2 weeks while it is being fixed. In a typical year June becomes a high water demand month and so our desire is to bid this project this week and open bids after the next Council meeting on April 15th to give bidders sufficient time. We would like to award it before the first Council meeting in May so that the low bidder could have the entire month of May to order pipe, schedule purities, etc. Therefore Council approval at the April 15`h meeting is requested to authorize the Mayor to award this contract to the lowest responsible bidder subject to concurrence by the Public Works Director and City Attorney, I I Motion: Recommend authorization for the Mayor to award the Kent Springs Transmission Main Repair project to the lowest responsible bidder subject to the Public Works Director and the City Attorneys concurrence I