HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 09/15/2003 Public Works Committee Agenda
• Councilmembers: Julie Peterson Rico Yingling Tim Clark, Chair
KENT
WASH GTO 4 September 15, 2003
5:00 P.M.
Item Description Action Speaker Time Page
i
1. Approval of minutes dated August 18,2003 yes none 05 1
2. 1TS Grant—Authorize yes Wickstrom 05 3
I
3. Local Agency Agreement from Federal Highway
Administration-Authorize yes Wickstrom 05 9
4. Interagency Agreement with City of Des Moines-
Joint Use Stormwater Detention Facility-Authorize yes Wickstrom 05 21
5. 104"Ave SE Raising Project—Accept as Complete yes Wickstrom 10 33
6. Condemnation Ordinance-Authorize yes Wickstrom 05 35
Unless otherwise noted,the Public Works Committee meets at 5:00 p.m.on the 1"and 3`d Mondays of each month.
Council Chambers East,Kent City Hall,220 4th Avenue South,Kent,98032-5895.
For information please contact Public Works at(253) 856-5500.
Any person requiring a disability accommodation should contact the City Cleric's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
j
SAKBLIC\CLP•RK\Cily Council Cummiaee PackclsTublic Works\030915agenda.doc
This page intentionally left blank.
i
I
1
PUBLIC WORKS COMMITTEE MINUTES
August 18, 2003
COMMITTEE MEMBERS PRESENT Chair Tim Clark,Rico Yingling
The meeting was called to order by Tim Clark at 5 08 P M Tim Clark added one item to
the Agenda, canceling the September I't Committee Meeting due to Labor Day.
Approval of Minutes of August 4,2003
Committee Member Rico Yingling moved to approve the minutes of August 4,2003
The motion was seconded by Committee Chair Tun Clark and passed 2-0 Tim Clark
stated he would get Julie Peterson's concurrence on the motion
Rodenhauser Latecomer Agreement
Public Works Director Don Wickstrom said that homeowner,Darrell Rodenhauser has
requested a sewer latecomer agreement for his extension of the City's samtary sewer
main Four lots benefit from the extension, two neighbors have negotiated with Mr
Rodenhauser the latecomer agreement would be for the remaining lot.
Rico Yingling,Moved lto recommend authorizing the Public Works Director to
execute a sewer Latecomer Agreement with Darrell Rodenhauser for the Darrell
Rodenhauser Sewer. The motion was seconded by Tim Clark and passed 2-0. Tim
Clark stated he would get Julie Peterson's concurrence on the motion.
Sensitive Area Quitclaim Deed From the Boeing Company
Don Wickstrom said as part of the SEPA conditions of Pacific Gateway, The Boeing Co
was required to dedicate in a separate tractor record a Sensitive Area Easement Boeing
will be responsible for maintenance and monitoring of the site for a 10-year period after
which time the site will remain in its natural condition and little if any fiscal impacts will
result from the property
Rico Yingling moved to recommend accepting from the Boeing Company by
sensitive area quitclaim deed approximately 10.98 acres of real property located at
the Northeast intersection of S 196tt' Street and 72nd Ave S. The motion was
seconded by Tim Clark and passed 2-0. Tim Clark stated he would get Julie
Peterson's concurrence on the motion.
State Grant for Commute Trip Reduction Program
Don Wickstrom said that the money from the State Grant will be used to carry on and run
the Commute Trip Reduction Program The amount of money is less this year due to
Benton County being added along with the cities of Snoqualmie and North Bend
i
I
2
i
2
Rico Yingling moved to recommend authorizing the Mayor to sign the Commute
Trip Reduction Implementation Grant Agreement, upon concurrence of the
language therein by the City Attorney and the Public Works Director. The motion
was seconded by Tim Clark and passed 2-0. Tim Clark stated he would get Julie
Peterson's concurrence on the motion.
I
Six-Year Transportation Improvement Plan
Don Wickstrom said the 2004-2009 TIP includes 29 projects,with estimated project costs
totaling$175,646,000 The plan focuses on projects that have potential for funding
Rico Yingling moved to set a Public Hearing on September 16t° for the adoption of
the Six-Year Transportation Improvement Plan for the period 2004-2009. The
motion was seconded by Tim Clark and passed 2-0. Tim Clark stated he would get
Julie Peterson's concurrence on the motion.
September 1, 2003 Public Works Committee Meeting
Don Wickstrom recommended only one meeting be held in September since the Public
Works Committee meeting September 1 falls on Labor Day
Rico Yingling moved to cancel September 0 Public Works Committee Meeting
with no make up meeting. The motion was seconded by Tim Clark and passed 2-0.
Tim Clark stated he would get Julie Peterson's concurrence on the motion.
The meeting adjourned at 5 27 P M
i
Janet Perschek
Administrative Assistant
i
i
3
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
® Phone 253.856-5500
K Fax 253-850.6500
WASNIN GTDN Address 220 Fourth Avenue
Kent,WA 98032-5895
DATE: September 9,2003
TO: Ma White and Kent City Council
FROM: Do ckstrom,Public Works Director
THROUGH
SUBJECT: ITS Earmark Grant
MOTION: Recommend that the Council authorize the Mayor to execute the Local
Agency Agreement to accept the ITS Earmark grant from Federal Highway
Administration (FHWA) for $1,247,913 for Kent Intracity Transit Service and to
establish a budget for same along with directing staff to spend the money accordingly.
i
SUMMARY: The City was able to obtain a federal earmark grant($1,247,913)to facilitate
transit service in Kent,by improving access and circulation to the Kent Transit Center and
expand the circulator service,recently initiated as a demonstration project with Kent and King
County METRO partnering to provide a circulator shuttle to provide a transit link between
Sounder commuter rail service and the employment centers in the industrial/manufacturing
district north of the city center
We have placed this item on the September 16th Council Agenda, upon the Committee's
concurrence, due to the short window of time allowed to return the signed agreement
i
I
i
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
I
BACKGROUND: The funds from this grant will be combined with City funds to complete six
components: 1) Intersection improvements at W. Smith Street and 4th Ave N, 2)Intersection
improvements at W Smith Street and 2nd Ave, 3) Intersection improvements at Central Avenue
and Pioneer Street,4)Intracity Transit Circulator Service, 5) Development of a Transit Plan, and
6)Interconnection(Interne)of intersection traffic signals along Central Avenue with the BNSF
Railroad Grade Crossing Signals ($3,306,000 estimated total project cost-$1,247,913 from ITS
earmark grant $2,532,087 from City funds)
Mayor White and Kent City Council ITS Grant Agreement-Authonze '..
September 15,2003
1
4
This page intentionally left blank.
i
I
i
5
UP��law Washington State Local Agency Agreement
Department of Transportation
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 Fourth Avenue Project No
Kent,WA 98032-5895 Agreement No.
For OSCWSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U S Cade Highways,(2)the regulations issued
pursuant thereto,(3)Office of Management and Budget Out;ulars A-102,A-87 and A-133,(4)the policies and procedures promulgated by the Washington Slate
Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government,relative to the above project,the
Washington State Department of Transportation will authorize the Wcal Agency to proceed on the pmjeclby a separate notification Federal funds which are to be
obligated for the project may not exceed the amount shown heem on liner,column 3,without written authority by the State,subject to the approval of the Federal
Highway Administration All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency
Project Description
Name Kent Intraoity Transit Program Length
Termini CityWlde
Description of Work
The project consists of six components Intersection improvements at W Smith Street and 4th Ave N, Intersection
improvements at W Smith Street and 2nd Ave, Intersection improvements at Central Avenue and Pioncer Street,
Intracity Transit Circulator Service,Development of a Transit Plan, and Interconnection(Intertie)of intersection traffic
signals along Central Avenue with the BNSF Railroad Grade Crossing Signals
Estimate of Funding
Type Of Work l Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a Agency 2,246,000 00 1,092,662 00 1,153,338 00
37 8 % b Other consultant 270,000 00 179,200 00 90,800 00
c Other Non-participantmg 780,00000 780,00000
Federal Aid d State 10,000 00 6,22500 3,77500
Participation ---
Ratio for PE a Total PE Cast Estimate a+b+c+d 3,306,000,00 2,058,087.00 1,247,913.00
Right of Way f Agency ___-
% q Other _.._._
h Other . .-- -
Federal Aid I State
Participation -
Rato for RW I Total R/W Cost Estimate f+ +h+I '..
Construction k Contract
Other
m Other '..
n Other
% o Agency
Federal Aid p State
Participation — - -
Ratio for ON q Total CN Cost Estimate k+I+m+n+o+
r Total Project Cost Estimate(e+j+q) 3,306,000.00 2,058,087.00 1,247 913.00
Agency Official Washington State Department of Transportation
By By
Title _ Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-038 EF
Revised 10102
b
Construction Method of Financing (chock Method selected)
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)In the amount of
$ at$ - per month for months I
Local Force or Local Ad and Award
®Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a
condition to payment of the federal funds obligated,it accepts and will comply with the applicable provisions set forth
below Adopted by official action on .
Resolution/Ordinance No
— I
Provisions
1 Scope of Work - 1 Prelttmnary,engineering
The Agency shall provide all the work,labor,materials,and services necessary 2 Slight of way acquisition
to perform the project which is descnbed and seiforth in delad in the"Project 3 Project construction
Description"and"Type of Work"
When the Stale acts For and on behalf of the Agency,the State shall be deemed In the event that right of way acquisition,or actual construction of the road,for
which preliminary engineering is undertaken is not started by the closing of the tenth
an agent of the Agency and shall perform the services described and indicated in Fiscal year following the fiscal year in which the agreement is executed,the Agency
"Type of Work"on the face of this agreement,in accordance with plans and will repay to the State the sum or sums of federal funds paid to the Agency under the
specifications as proposed by the Agency and approved by the State and the
terms of this agreement(See Section IX)Federal Highway Adnnnistration
When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the initially
the Agency,the State shall have the right to perform the work subject to the planned cumplete facility within the limits of this project will conform to at least the
ordinary procedures of the State and Federal highway Administration minimum values set by approved statewide design standards applicable in this class
of highways,even though such additional work is financed wrthout federal aid
If Delegation of Authority participation
The State is willing to fulfill the responsibilmes to the Federal Govemment by The Agency agrees that on federal aid highway construction projects,the current
the administration of this project The Agency agrees that the State shall have the federal aid regulations which apply in liquidated damages relative to the basis of
full authority to carry out this administration The State shall review,process,and federal partimpation in the project cost shall be applicable in the event the contractor I.
approve documents required for federal aid reimbursement in accordance with fails to complete the contract within the contract time
federal requirements if the State advertises and awards the contract,the State yl payment and Portal Reimbursement
will further act for the Agency m an matters concerning the project as requested '..
by the Agency If the Local Agency advertises and awards the project,the State The total cost of the project,including an review and engineering costs and
shall review the work to ensure conformity with the approved plans and other expenses of the Slate,is to be paid by the Agency and by the Federal
specifications Government Federal funding shall be in accordance with the Trampoilatron
Equity Act for the 21 st Century(TEA 21),as amended,and Office of
III Project Administration Management and Budget circulars A-102,A-87 and A-133 The State shall not
Certain types of work and services shall be provided by the State on this be ultimately responsible for any of the costs of the project The Agency shall be
project as requested by the Agency and described in the Type of Work above In ultimately responsible for all costs nascent led with the project which are not
addition,the Stale will famish qualified personnel for the supervision and reimbursed by the Federal Government Nothing in this agreement shall be
inspection of the work in progress On Local Agency advertised and awarded construed as a promise by the State as to the amount or nature of federal
projects,the supervision and inspection shall be limited to ensuring all work is in Participation mthis project
conformance with approved plans,specifications,and federal aid requirements The Agency shall bill the stale for federal aid project costs incurred in confomuty
The salary of such engineer or other supervisor and all other salaries and costs with applicable federal and slate lass The agency shall mimimize the rime elapsed
incurred by State forces upon the project will be considered a cast thereof All between receipt of federal aid funds and subsequent payment of incurred costs
costs related to this project incurred by employees of the State in the customary Expenditures by the Local Agency for maintenxnee,general administration, '
manner on highway payrolls and vouchers shall be charged as costs of the supervision,and oilier overhead shall not be eligible for Moral participation unless I
project an indirect cost plan has been approved by WSDOT '..
IV Availability of Records The State will pay for State mcuned costs outhe project Following
All project records in support of all costs incurred and actual expenditures payment,the State shall bill the Federal Government for reimbursement of
kept by the Agency are to be maintained in accordance with local government those costs eligible for federal panicipahon to the extent hat such costs are
accounting procedures prescribed by the Washington State Auditor's Office, atmbutable and properly allocable to this project The State shall bill the
the lJ S Department of Transportation,and the Washington State Department Agency for that portion of State costs which were not reimbursed by the
of Transportation The records shall be open to inspection by the State and Federal Government(see Sterne IX)
Federal Government at all reasonable holes and shall be retained and made 1 Project Construction Casts
available for such inspection fora period of not less than three years from the
final payment of any federal aid funds to the Agency Copies of said records Project construction financing will be accomplished by one of the three j
shall be furnished to the Stale and/or Federal Government upon request methods as mdicalod in this agreement
V Compliance with Provisions
The Agency shall not incur any federal aid participation costs on airy l
classification of work on this project until at thonzed in writing by the State for
each classification The classifications of work for projects are
DOT Form 140-039 EF 2
Revised 10102
Method A—The Agency will place with the State,within(20)days after the X Traffic Control, Signing, Marking,and Roadway
execution of the construction contract,an advance in the amount of the Maintenance
Agency's share of the total construction cost based on the contract award The
State will notify the Agency of the exact amount to be deposited with the State The Agency will not permit any changes to be made in the prop isions for parinng
The State will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the State and
progress billings from the contractor Follovnng such payments,the State will Federal Highway Administration The Agency will not install or permit to be
submit a billing to the Federal Government for the federal aid participation installed any signs,signals,or markings out in conformance with the standards
share of the cost When the project is substantially completed and final actual approved by the Federal Highway Administration and MUTCD The Agency will,
costs of the project can be determined,the State will present the Agency wilt a at its own expense,maintain the improvement covered by ibis agreement
final billing showing the amount due the State or the amount due the Agency
This billing will be cleared by either a payment from the Agency to the State or A Indemnity
by a refund from the State to the Agency
The Agency shall hold the Federal Government and the State harmless from and
shall process and defend at its own expense all claims,demands,or suits,whether at
Method B— The Agency's share ofthe total construction cost as shown on law or equity brought against the Agency,State,or Federal Government,arising
the face ofthts agreement shall be withheld from its monthly fuel tax from the Agency's execution,performance,or failure to perform any of die
allotments The face ofthts agreement establishes the months in which the provisions of tins atpccmxmt,or of any other agreement or contract connected with
vMbdroldmg shall take place and the exact amount to be withheld each month ibis agreement,or arising by reason of the participation of the State or Federal
The extent of withholding will be confirmed by letter from the State at the time Government in the project,PROVIDED,nothing herein shall require the Agency to
of contract award Upon receipt of progress billings from the contractor,the munhurse the Stale or the Federal Government for damages arising out of bodily
State will submit such billings to the Federal Government for payment of its injury to persons or damage to property caused by or resulting from the sole
participating portion of such billings 'I_ negligence of the Federal Government or the State
Method C—The Agency may suhiiu[vouchers to the State in the Format No Lability shall attach to the State or Federal Government except as expressly
prescribed by the State,in duplicate,not mine than once per month for those Provided herein
costs eligible for Federal participation to the extent that such costs are directly XII Nondiscrimination Provision
attributable and properly allocable to this project Expenditures by the Local The Agency shall not discnnunate on the basis ofrace,color,national origin,or
Agency fur maintenance,general administration,supervision,and other sex in the award and performance of any USDOT-assisted contract and/or
overhead shall not be eligible for Federal participation unless claimed under a. agreement or in the administration of its DBE program or the requirements of 49
previously approved indirect cost plan CFR Part 26 The Agency shall tales all necessary and reasonable steps under 49
The State shall reamhurse The Agency for the Federal share of eligible project CFR Part 26 to ensure nondiscrimination in the award and administration of
costs up to the amount shown on the face of this agreement At the time of USDOT-assisted contracts and agreements The WSDOT's DEE program,as
audit,the Agency will provide.documentation of all costs incurred on the required by 49 CFR Pan 26 and as approved by USDOT,is incorporated by
reference in this agreement implementation of this program is a legal obligation
project and failure to carry out its terms shall be treated as a violation of this agreement
The State shall bill the Agency for all costs inclined by the State relative to Upon notification to the Agency of its failure to carry out its approved program,the
the project The Stale shall also bill the Agency four the federal funds paid by Department may impose sanctions as provided for under Part 26 and may,in
the State to the Agency for project costs which are subsequently determined to appropnum cases,refer the master for enforcement under 18 U S C 1001 and/or the
be mehgible for federal participation(see Seen on IX) Program Fraud Civil Remedios Act of 1986(31 U S C 3801 et seq) '..
VII Audit of Federal Consultant Contracts
The Agency,if services of a consultant are required,shall be responsible for 'the Agency hereby agrees that It will mcorparate or cause to be incorporated into
audd of the consultant's records to determine eligible federal and costs on the any contract for construction work,or m)dtficatien thereof,as defined in the rules
project 'the report of said audit shall be in the Agency's files and made and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in
available to the Stale and the Federal Government whole or in part with funds obtained from the Federal Government or borrowed on
the credit of the Federal Government pursuant to a grant,contract,loan,insurance,
An audit shall be conducted by the WSDOT Internal Audit Office in or guarantee or understanding pursuant to any federal program involving such grant,
accordance with generally accepted governmental auditing standards as contract,loan,insurance,or guarantee,the required conbuct provisions for
issued by the United States General Accounting Office by the Comptroller Fcderal•And Contracts(FHWA 1273),located in Chapter 44 of the Local Agency
General of the Umicd States,WSDOT Manual M 27-50,Consultant Guidelines
Authorization,Selection,and Agreement Administration,memoranda of -the Agency further agrees that it will be bound by the above equal opportunity
understanding between WSDOT and FHWA,and Office of Managementii
and Budget Circular A-l33 clause with respect to its own employment practices when mtparticipams in
federally assisted construction work Provided,that if the applicant so
If upon audit it is found that overpayment or participation of federal participating rs a State or Local Govemment,the above equal opportunity clause
money in ineligible items of cost has occurred,the Agency shall reimburse is not applicable to any agency,instrumentality,or subdivision of such
the State far the amount of such overpayment or excess participation(see government which does not participate in wark on or under the contract {
Section IX)
VIII Single Audit Act The Agency also agrees
The Agency,as a subreciprent of federal funds,shall adhere to the federal (1) To assist and cooperate actively with the Stale in abtammng the compliance of
Office of Management and Budget(OMB)Circular A-133 as well as all contractors and subcontractors with the equal opportunity clause and rales,
applicable federal and slate statutes and regulations A wl recipient who regulations,and relevant orders of The Secretary of Labor
expends$300,000 or more in federal awards from all sources during a given (2) To famish the State such information as it may require for the supervision of
fiscal year shall have a single or program-specific audit performed for that such compliance and that it will otherwise assist the State at the discharge of its
year in accordance with the provisions of OMB Circular A-133 Upon primal)responsibility for securing compliance
conclusion of the A-133 audit,the Agency shall be responsible for ensuring
that a copy of the report is transmitted promptly to the State (3) To refrain from entering into any courtmel or contract modnficahun subject to
IX Payment of Billing Executive Order 11246 of September 24,1965,with a contractor debarred from,or
Y g who has not demonstrated eligibility for,government contracts and federally
The Agency agrees that if payment or arrangement for payment of any of assisted construction contracts pursuant to the Executive Order
the State's billing relative to the project(e g,State force work,project
cancellation,Overpayment,cast ineligible for federal participation,ate)is not (4) To carry out such sanctions and penalties for violation of the equal
made to the State within 45 days affair the Agency has been billed,the State opportunity clause as may be imposed upon contractors and subcontractors by the
shall effect reimbursement of the total sum due from the regular monthly fuel State,Federal Highway Administration,or the Secretary of Labor pursuant to Pan
tax at lmments to the Agency from the Motor Vehicle FunT No addihonal 11,subpart D of the Executive Order
Federal project funding will he approved until full payment is received unless
otherwise directed the Assistant Secretary for Highways and Local Programs Li
DOT Form 140-039 EF 3
Revised 10102
a
In addition,the Agency agrees that if it fads or refuses to comply with those XV Venue for Claims and/or Causes of Action
undenalongs,the State may take any or all of the following actions For the convenience of the parties to this cannot,it is agreed that any claims
(a) Cancel,Lemmata,or suspend this agreement in whole or in part, and/or causes of action which the Local Agency has against the State of
Washington,graving out of this contract or the project with which it is
(b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston Comity
program with respect to which the failure orrefusal occurred unlit satisfactory
assurance of future compliance ties been received from the Agency,and XVI Certification Regarding the Restrictions of the Use.
(c) Refer the case to the Department of justice for appropriate legal proceedings of Federal Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief,
that
XIII Liquidated Damages (1)No federe]appropriated funds have been paid or will be paid,by or on behalf
The Agency hereby agrees that the liquidated damages provisions of 23 CFR of the undersigned,to any person for influencing or attempting to influence an
Part 635,Subpart 127,as supplemented,relative to the amount of Federal officer or employee of any federal agency,a member of Congress,an officer or
participation in the project cost,shall be applicable in the event the contractor employee of Congress,or an employee of a member of Congress in connection with
falls to complete the contract within the contract time Failure to include the awarding of any federal contract,the making of any federal grant,the making of '..
liquidated damages provision will not relieve the Agency from reduction of any federal loan,the entering into of any cooperative agreement,and the extension,
federal participation in accordance with this paragraph continuation,renewal,amendment,or modification of any federal contract,grant,
loan,or cooperative agreement
XIV Termination for Public Convenience
The Secretary of the Washington Stanc Department of Transportation may (2) If any funds other than federal appropriated funds have been paid or will be
tam muc the contract in whole,or from lane to time in part,whenever paid m any person for influencing or attempting to mflonce an officer or employee j
Of any federal agency,a member of Congress,an officer or employee of Congress,
(1) The requisite federal funding becomes unavailable through failure of or an employee ofa member of Congress in connection with this federal contract,
appropmtmn or otherwise grant,loan,or cooperative agreement,the undersigned shall complete and submit
(2) The contractor is prevented from proceeding with the work as a direct the Standard Form-LLL,"Disclosure Form to Report Lobbying;'m accordance
result of an Executive Order of the President with respect to the prosecution of with its instructions
tear or in the interest ofnanooal defense,or an Executive Order of the (3) The undersigned shall require that the language of this certification be
President or Governor of the State with respect to the preservation of energy included in the award documents for all subawaids at all hen;(including subgrants,
resources and contracts and subcontracts under grants,subgrants,loans,and cooperative
agreements)which exceed$100,000,and that all such subrecipients shall certify
(3l The ry,special,or
prevented from proceeding with the work compelreason of and disclose accordingly
j preliminary,,special,or arict o suchnt training order of a court by
competent
jurisdiction where the issuance of such order is pnrnanly caused by the acts or This certification is a material representation of fact upon which reliance was
omissions ofpersons or agencies other than the contractor placed when this transaction was made or entered into Submission of this
certificaten as a preregmstte formaking or entering into this transaction imposed
by Sechm 1352,Title 31,U S Code Any person who fails to file the required
(4) 'the Secretary determines that such termination is in the best interests of certification shall be subject to a civil penalty ofnot less than$10,000 and not more
Slit Slate then$100,000 for each such failure
Additional Provisions
i
i
il)
DOT Form 140-039 EF
Revaed 10102 4
9
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253.556-5500
® Fax 253-656-6500 '..
K E N T Address 220 Fourth Avenue S
WASHINOTON
Kent,WA 98032.5895
i
DATE: Sept b 15,2003
TO: Ma to and Kent City Council
FROM: Don ickstrom,Public Works Director
THROUGH
SUBJECT: Local Agency Agreement for 228th Street Grade Separations Project
MOTION:
Recommend authorizing the Mayor to sign the Local Agency Federal Aid Prospectus
and Local Agency Agreement for the South 228th Street Grade Separation Project upon
concurrence of the language therein by the Public Works Director and the City
Attorney and to establish a budget for some along with directing staff to spend the
money accordingly
SUMMARY:
Authorize the Mayor to sign the Local Agency Federal Aid Prospectus and Local Agency
Agreement in order to receive a$1 million grant from FHWA(Federal Highway Administration)
for the South 228th Street Grade Separations Project
i
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACICGROUND:
This is a$1 million grant administered through FAST from FHWA to begin preliminary
engineering on the South 228'h Street Grade Separations Project There is no local match
required
We have place this item on the September 16t''Council meeting agenda,upon the Committees
concurrence, due to the short window of time allowed to return the signed agreement to
Transportation Improvement Board
i
Mayor White and Kent city Council Local Agency Agreement-Authonze
September 15,2003
1
i
10
This page intentionally left blank.
I
l
i
i
i
ii
i
� Washington State
Local Agency Federal „eu
-I Department of Transportation Project Prospectus
Prefix Route ( �I
Federal 9 Aid Date ']/30/2003
Project Number
Local Agency Q2-3013 WSDOT Federal Employer 91-6001254
Project Number (Use Only lax 10 Number
Agency Federal Program Title
City of Kent 0 20205 ❑ 20209 ❑ Other
Project Title Stan Latitude N47,23',51" Start Longitude W122,14',34"
S 228th St Railroad Grade Separations
End Latitude 2j47,23',51" End Longitude W122,13',58"
Project Termini From To
700 feet west of the Union Pacific Railroad Tracks 700 feet east of the Burlington Northern Santa Fe Railroad
From To Length or Project tAwardType
05mi cal ❑ Local Forces ❑ State ® Railroad
Federal Agency City Number County Numbunty Name WSDOT Region
10 FHWA ❑ Others 0615 17 ing NW
congressional District Legislative DisVlcls Urban Area Number TMAI MPO/RTPO
8,9 5,31,33,47 ] MPO/PSRC
Total Local Agency Federal Funds Phase Start
Phase Estimated Cost Funding Data
(Nearest Hundred Dollar iNearest Hundred Dollar) Nearest Hundred Dollar Month Year
P E $1,000,000 $1,000,000 Sept 2003
R/W
Const
Total $1,000,000 $1,000,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
46 feet 4
Currently, S 228th St is 4-lanes wide,approximately 46 feet in width with separate left turn pockets at the intersections The
Union Pacific and Burlington Northern Santa Fe railroad tracks cross the road at grade The UP has one mainline track crossing
the road and the BNSF has two mainline tracks and one spur track crossing the road Sidewalks exist in some locations
predominantly on the south side of the road No bike lanes exist in the vicinity Driveways to businesses connect to the roadway
in several locations
Description of Proposed Work
Roadway Width Number of Lanes.
®New Construction ❑3-R ❑2-R 48 feet 4
The project will grade separate the Burlington Northern Santa Fe and Union Pacific railroad tracks at S 228th Street via
under-crossings The railroads will operate on bridge structures constructed at the existing track grade Associated improvements
include driveway improvements to accommodate the under-crossings as well as curbs,gutters,sidewalks,storm drainage,pump
stations, and lighting _
Local Agency Contact Person Title PhoneI
Mark Madfai Senior Project Engineer 253-856-5521
Mailing Address - City State Zip Code
220 4th Ave S I Kent WA 98032-5895
By
Design Approval Approvmg Professional Engineer
Title Date
00T Form 140-101 EF Page 1 of 3 ®Supersedes Previous Editions°
Revised 12(2002
12
Agency Project Title Date
City of Kent S 228th St Railroad Grade Separations 7/30/2003
Geometric Design Data
Description Through Route Crossroad
❑Principai Arterial ❑Principal Arterial
Federal ®Urban ®Minor Arterial ❑Urban ❑Minor Arterial
❑Collector ❑Collector
Functional ❑Major Collector —-MalorCollector
Classification ❑Rural ❑Minor Collector ❑Rural ❑Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ® Flat ❑ Roll ❑Mountain ❑Flat ❑Roll ❑Mountain _
Posted Speed .� 35 MPH
Design Speed _ 40MPH
Ensting ACT 9000
Design Year ADT 14000 ',.
Design Year 2020
Design Hourly Volume(DHV) i500
Accident-3 Year Experience
Property IniurvAccidents Fatal Accidents Total Number
Year Damage Number of Number of Number of Number of Totalof Number
cidents
Accidents Accidents Injuries Accidents Fatalities
1999 1 - 1
2000 1 ---- 2
-
U
--- ----
2001 -'
--
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Agency and consultants 70 % 30 %
Construction Will Be Performed By Contract Agency
lOO
Environmental Classification
❑Final ®Preliminary
❑ Class I-Environmental Impact Statement(EIS) ® Class It-Categorically Excluded(CE)
❑ Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project involves NEPA/SEPA Section 404 '
Interagency Agreement
Environmental Considerations
The undercrossing at the BNSP tracks are adjacent to a portion of Mill Creek The project will require this to be
protected during construction A box culvert at a driveway may need to be replaced Wetlands exist in the roadway
ditches north and south of the roadway No filling of wetlands is anticipated to occur as a result of this project Noise
and air quality will be addressed in the BA and may be affected due to an increase in traffic, although the reduction
in traffic delays at the tracks and the associated train noise may decrease the noise and air impacts
I
DOT ram 140-101 rF Page 2 of 3
Revised 1212002
1
13
Agency Protect Title Date
City of Kent S 226th St Railroad Grade Separations 7/30/2003
Right of Way
®No Right of Way Required ❑Right of Way Required
'All construction required by the i El No Relocation ❑Relocation Required
contract can be accomplished
within the existing right of way
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Protect
At the 13NSF and UP crossings there are various underground utilities that will need to be relocated including fiber
optic lines for Qwesl,Sprint,MCI,360 Networks,Level 3, and Multimedia as well as the railroads'own
communication fiber The Olympic Pipeline alongside the UP tracks will also need to be relocated
FAA Involvement '..
Is any airport located within 3 2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks '..
i
i
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee,and is
not inconsistent with the agency's comprehensive plan for community development
Agency City of Kent
Date By
Mayor7Chairpemon
DOT Fomi 140,101 EF Page 3 of 3
Revised 1212002 '',
14
This page intentionally left blank.
I
i
i
i
I
I
(
15
Washington State Local Agency Agreement
Department of Transportation
I
Agency City of Kent CFDA No. 20 205
(Catalog of Federal Domestic Assistance)
Address 220 4th Ave S Project No.
Kent,WA 98032-5895 Agreement No. _
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,US Code Highways,(2)the regulations issued
pursuant thereto,(3)Office of Management and➢udget Circulars A-102,A-87 and A-)33,(4)the policies and procedures promulgated by the Washington State
Department of Transportation,and(5)the federal aid project agreement entered into behmeen the Slaie and Federal Govemrent,relative to the above project,the
Washington Stale Department of Transportation will nflionze the Local Agency to proceed on the project by a separate notification Federal funds winch are to be
obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal
Highway Administration All project costs not nimbursed by the Federal Government shall be the responsibility critic Local Agency
Project Description
Name S 228th St Railroad Grade Separations _ Length 0 5 col
Terrill 700 feet west of the Union Pacific 700 feet east of the Burlington Northern Santa Fe Railroad Tracks.
Description of Work
The project will grade separate the Union Pacific and Burlington Northern Santa Fe railroad tracks at S 228th Street via
two under-crossings Both railroads will operate on bridge structures over the roadway Associated improvements
include driveway improvements to accommodate the under-crossings as well as curbs,gutters,sidewalks, storm drainage,
pump stations,and lighting
Estimate of Funding
Type of Work (1) (2) la)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.. Agency__ 295,000 00 _ 295,000 00
% b Other consultant 700,00000 700,00000
c Other_ — — —I— -.
Federal Aid d State 5,00000 5,00000
Participation - ---- 606
—Ratio for PE e Total PE Cost Estimate a+h+c+d I 1,000,D00 00 1,000,0OO.OD
Right of Way f Agency '
% -
_g Other
h Other — -
Federal Ald I State ---
Participation ----- -- — ---
Ratio for RW I Total RW Cost Estimate f+ +h+t
Construction k Contract -
Other
m Other — —
n Other
_o_Agency ------- --_
Federal Aid State
Participation ------.------ --- -- T
Ratio for CN q Total CN Cost Estimate k+l+m+n+o+ r
r Total Project Cost Estimate(e+1+q) - 1,000,000.00 1,000,000.00 I
Agency Official Washington State Department of Transportation
By By
Title ltm_W1ute,MayoL Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-039 EF 1
Revised 10/02
16
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑Method B-Withhold from gas lax the Agency's share of total construction cost(line 4,column 2)in the amount of
S _ at$ per month for months
Local Force or Local Ad and Award
®Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a
condition to payment of the federal funds obligated,.it accepts and will comply with the applicable provisions set forth
below Adopted by official action on
ResolutionlOrdmance No
Provisions
1 Scope of Work I Preliminary engineering
The Agency shall provide all the work,labor,materials,and services necessary 2 Right of way acquisition
to perform the projectwhich is described and set forth in detail to the"Project 3 Protect construction j
Description"and"Type of Work" - I
When the State acts for and on behalf eif the Agency,the State shall be deemed in the event that right of way acquisition,or actual construction of the road,for
an agent of the Agency and shall [form the services described and mdreuted m which preliminary engineering is undertaken is not started by the closing of the tenth
g g perform fiscal year following the fiscal year in which the agreement is executed,the Agency
"Type of Work"on the face of this agreement,In accordance with plans and will repay to the State the sum or sums of federal funds paid to the Agency under the
specifications as proposed by the Agency and approved by the State and the terms of this agreement(see Section IX)
Federal Highway Admmistration
When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary toprovide the initially
the Agency,the State shall have the right to perform the Work subject to the planned complete facility within the limits of this project will conform to at least the
ordinary procedures of the State and Federal Highway Administration minimum values set by approved statewide design standards applicable to this class
it Delegation of Authority
of highways,even though such additional work is financed without federal aid
participation
The State is willing to fulfill the responsibibnes to the Federal Government by The.Agency agrees that on federal aid highway emistruchon projects,the current
the administration of this project The Agency agrees that the Stale shall have the federal aid regulations which apply to liquidated dannges relative to the basis of
lull authority 4o carry out this administration The State shall review,process,and federal participation in the project cosishall be applicable in the event the contractor
approve documents required for federal aid reimbursement in accordance with fails to complete the contract within the contract time
federal requirements if the State advertises and awards the contract,the State VI Payment and Partial Reimbursement
will further act for the Agency in all matters concerning the project as requested
by the Agency if the Local Agency advertises and awards the project,the State The total cost of the project,mcluding all review and engineering costs and
shall review the work to ensure conformity with the approved plans and other expenses of the State,is to be paid by the Agency and by the Federal j
specifications Govemment Federal funding shall be in accordance with the Transportation
Equity Act for the 21 st Century(YEA 21),as amended,and Office of
III Project Administration Management and Budget circulars A-102,A-97 and A-133 The State shall not
Certain types of work and services shall be provided by the State on this be ultimately responsible for any of the costs of the project The Agency shall be
project as requested by the Agency and described in the Type of Work above In ultimately responsible for all costs associated with the project which are not
addition,the State will furnish qualified personnel for the supervision and reimbursed by the Federal Government Nothing in this agreement shall be
inspection of the wurk in progress On Local Agency advertised and awarded construed as a promise by the State as to the amount or nature of federal
projects,the supervision and inspection shall be limited to ensuring all work is In participation in this project
conformance with approved plans,specifications,and federal aid requirements The Agency shall bill the slate for federal aid project costs mComaj In confonmty
The salary of such engineer or other supemsor and all other salaries and costs %ith applicable federal and state laws The agency shall mimrmize the time elapsed
incurred by State forces upon the project will be considered a cost thereof An between receipt of federal aid funds and subsequent payment of incurred costs
costs related to this project mcurnd by employees of the State in the customary Expenditures by the Local Agency formaintenanee,general administration,
manner an highway payrolls and vouchers shall be charged as rusts of the supervision,and other overhead shall not be eligible for federal participation unless
project an indirect cost plan has been approved by WSDOT
IV Availability of Records The State will pay for State incurred costs on the project Following j
All project records in support of all costs incurred and actual expenJimTes payment,the Stale shall hill the Federal Government for rcrmbursement of
kept by the Agency are to be maintained in accordance with local government those casts eligible for federal participation to The extent that such costs are
accounting procedures prescribed by the Washington State Auditor's Office, attributable and properly allocable to this project The$late shall bill the
the 11 S Department of Transportation,and the Washington State Department Agency for that portion of State costs which were not reimbursed by the
of Transportation The records shall be open to inspection by The State and Federal Government(sec Section IX)
Federal Government at all reasonable times and shall be retained and made I Project Construction Costs
available for such mspechon for a period of not less than three years from the
final payment crony federal aid funds to the Agency Copies of said records Project construction financing will be accomplished by one of the three
shall he furnished to the State stallion Federal Govemment upon request methods as indicated in this agreement
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any
classification of work on Ibis project until authorized in writing by the State for
each classification The classifications of work for projects are
DOT Form 740-039 EF 2
Revised 10102
17
Method A—The Agency will phec with the State,within(20)days aner the X, Traffic Control,Signing,Marking,and Roadway
execution of the construction contract,an advance m the amount of the Maintenance
Agency's share of the total construction cost based on the contract award The
State will notify the Agency of the Exact amount to be deposited with the State The Ageneywtll not permit any changes to be made m the provisions for parking
The State will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the Slate and
progress billings from the contractor Following such payments,the Stale will Federal Highway Administration The Agency will not install or perm lobe
submit a billing to the Federal Government for the federal aid participation installed any signs,signals,or markings not in conformance with the standards
share of the cost When the project is substanlialty completed and final actual approved by the Federal Highway Administration and MUTCD The Agency wdL
costs of the project can be determined,the State will present the Agency with a at its own expense,maintain the Improvement covered by this agreement
final billing showing the amount due the Slate or the amount due the Agency
This billing will be cleared by either a payment from the Agency to the State or XI Indemnity -
by a refund from the Stale to the.Agency 1
The Agency shall hold the Federal Government and the Slate harmless from and
shall process and defend at its Own expense all claims,demands,or suits,whether at
Method B— The Agency's sham of the total construction cost as shown on law or equity brought against the Agency,State,or Federal Government,arising
the face of this agreement shall be withheld from its monthly fuel tax from the Agency's execution,performance,or failure to perform any of the
allotments The face of ibis agreement establishes the months in which the provisions of this agreement,or of any other agreement or contract connected with
w ithholdmg shall take place and the exact amount to be withheld each month this agreement,or arising by reason of the participation of the State or Federal III
The extent of withholding will be confirmed by letter from the Stale at the time Government in the project,PROVIDED,nothing herein shall require the Aeenev to
of contract award Upon receipt of progress billings from the contractor,the reimburse the Stale or the Federal Government for damages arising out of bodily
Stale will submit such billings to the Federal Government for payment of 1is injury to persons or damage to property caused by or resulting Front the sole
participating portion of such billings.... negligence of the Federal Govemment or the Stale
Method C—The Agency ma submit vouchers to the Slate m the format No liability shall attach to the State or Federal Government except as expressly
B Y Y provided herein
prescribed by the Slate,in duplicate,not room than once per month for those
costs eligible for Federal participation to the extent that such costs are directly XII. Nondiscrimination Provision
attributable and properly allocable to this project Expenditures by the Local The Agency shall not disenminale on the burrs of race,color,national origin,or
Agency for m unicnance,general administration,supervision,and other sex in the award and performance of any USDOT-assisted contract and/or
overhead shall not be eligible for Federal participation unless claimed under a agreement Orin the administration of its DBE program or the requirements of 49
previously approved indirect cost plan CFR Part 26 The Agency shall take all necessary and reasonable steps under 49
The Stale shall reimburse the Agency for the Federal share of eligible project CFR Part 26 in ensure nondiscrimination to the award and administration of
coals up to the amount shown on the face of this agreement Al the time of USDOT-assisted contracts and agreements Thc WS➢OT's➢BE program,as
audit,the Agency will provide documentation of all costs incurred on the required by 49 CFR Part 26 end as approved by USDOT,is incorporated by
Project reference in this agreement implementation of this program is a legal obligation
and failure to carry out its terns shall be treated as a violation of ibis agreement
The State shall bill the Agency for all costs incurred by the Slate relative to Upon notification to the Agency of its failure to eany out its approved program,the
the project T'he State shall also bill the Agencyifor the federal funds paid by Depnrtmenl may impose sanctions as prow ided for under Pan 26 and may,in
the State to the Agency for project costs which an subsequently determined to appropriate cases,refer the matter for enforcement under 18 U S C 1001 and/or the
be ineligible for federal participation(sue Section IX) Program Fraud Civil Remedies Act of 1956(31 U S C 3801 el to q}
VII Audit of Federal Consultant Contracts
The Agency,if services of a consultant are required,shall be responsible for The Agency hereby agrees that it will incorporate or cause to be incorporated into
audit of the consultant's records to determine eligible federal aid costs on the any Conner for construction work,or modification thereof,as defined in the miss
project The report of said audit shall be in the Agency's files and made and regulations of the Secretary of labor in 41 CFR Chapter 60,which is paid for in
available to the Stale and the Federal Government whole or in part with funds obtained from the Federal Government or borrowed on
the credit of the Federal Government pursuant to a grant,contract,loan,insurance,
An audit shall be conducted by the WSDOT Internal Audit Office in or guarantee or understanding pursuant to any federal program involving such grant,
accordance with generally accepted governmental auditing standards as contract,loan,insurance,or guarantee,the required contract provisions for
issued by the United Slates General Accounting Office by the Comptroller Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency
General ofthe United States,WSDOT Manual M 27-50,Consultant Guidelines
Authorization,Selection,and Agreement Administration,memoranda of The Agency Center agrees that It will be bound by the above equal opportunity
understanding between WSDOT and FHWA,and Office of Management
and Budget Circular A-133. clause wnhrespect to its own employment practices when participates
federally assisted construction work Prodded,Thal dlhe aa npplicantatit in
so
If upon audit it is found that overpayment or participation of federal participating is a Suite or Local Government,the above equal opportunity clause
money in ineligible items of cost has occurred,the Agency shall reimburse is not applicable to any agency, ristrurnentahty,or subdivision of such
the Stale for the amount of such overpayment or excess participation(see government which does not participate In work on or under the contract '..
Section IX)
Vlll Single Audit Act The Agency also agrees
The Agency,as a subreciptent of federal funds,shall adhere to the federal (1) To assist and cooperate actnely with the State in obtaining the compliance of
OFFICE of Management and Budget(OMB)Cucular A-133 as well as an contractors and subcontractors with the equal opportunity clause and rules,
applicable federal and slate statutes and regulations A subrecipient who regulations,and relevant orders of the Secretary of Labor
expends S300,000 or more in federal awards from all sources during a given (2) To furnish the State such information as it may require for the supervision of
fihcal year shall have a single or program-specific audit performed for that
such compliance and that a will otherwise assist the Slate in the discharge Of its
year in accordance with the provisions of OMB Circular A-133 Upon
conclusion of the A-133 audit,the Agency shall be responsible for ensuring primary responsibility for securing Compliance
that a copy of the report is transmitted promptly to the Slate (3) To refrain from entering into any Contract or contract modification subject to
!X Payment Of 13111m Executive Order 11246 of September 24,1965,with a contractor debarred from,or
y g who has not demonstrated ell gibihty for,government contracts and federally
The Agency agrees that I payment or arrangement for payment of any of assured construction contracts pursuant to the Exeaume Order
the State's bitting relative 10 the project(e g,State force work, ro ect
p j 4 To carry out such sanctions and penalties for nDlatron of the c ual
made to cancellation,overpayment,cost ineligible for federal been bill participation,etc)is not O P a
made to the Suite within 45 days after the Agency has been billed,the Stale Opportunity clause as maybe imposed upon contractors and subcontractors by the
shall effect reimbursement of the total sum due from the regular monthly fuel Slate,Federal Highway Administration,or the Secretary of Labor pursuant to Part
tax allotments to the Agency from the Motor Vehicle Fund No additional 11,subpart D of the Executive Order
Federal project funding will be approved until full payment is received unless
otherwise directed the Assistant Secretary for Highways and Local Programs
DOT Form 140-039 EF 3
Revised 10102
I
i
18
In addition,the Agency agrees that if it fails or refuses to comply with these XV Venue for Claims andfor Causes of Action
undertakings,the State may take any or all of the following actions For the convenience of the parties to ibis contract,it is agreed that any claims
(a) Cancel,terminate,or suspend this agreement in whole or in part, and.lor causes of action which the Local Agency has against the State of
Washington,growing out of this contract or the project with which it is
(b) Refrain from extending any further Assistance to the Agency under The concerned,shall be brought only in the Superior Court for Thurston County
program with respect to which the failure or refusal occurred until satisfactory -
assurance of future compliance has been received from the Agency,and XVI Certification Regarding the Restrictions of the Use
(c) Refer the lase to the Depai unent of Justice for appropinne legal proceedings of Federal Funds for Lobbying -
The approving authority certifies,to the best of his or her knowledge and belief,
that
MI. Liquidated Damages
The Agency hereby agrees that the bquidared damages provisinns of 23 CFR (l) undersigned,
federal appropriated funds have been paid attempting
will be paid,by or e a behalf
Part 635,Subpart 127,as supplemented,relative to she amount of Federal of ice undersignede to any person for agency,
a me orrr ofCongr to influence o
F FF officer or employee of any federal agency,a member of Congress,an officer or
participation in the project cost,shall be applicable in the event the contractor employee of Congress,or an employee of a member of Congress in connection with
fails to complete the contract within the contract Arne Failure to include the awarding of any federal contract,the making of any federal grant,the making of
liquidated damages provision will not relieve the Agency from reduction of any federal loan,The entering into of any cooperative agreement,and the extension, '..
federal participation in accordance with this paragraph continuation,renewal,amendment,or modilicxti0n of any federal contract,grant,
XIV Termination for Public Convenience loan,or co0pembte Agreement
The Secretary of the Washington Slate Department ofTmnsporiation may (2) If any funds other than federal appmpnated funds have been paid or will be j
terminate the contract in whole,or from time to time in part,whenever paid to any persun for Influencing or attempting to influence An officer or employee
of any federal agency,a member of Congress,an officer or employee of-Congress,
(I) The requisite federal funding becomes unavailable through failure of or an employee ofa member of Congress In connection with this federal contract,
appropriation or otherwise grant,loan,or cooperative agreement,the undersigned shall complete and submit
(2) The contractor is prevented from proceeding with the work as a direct the Standard Form-LLL;"Disclosure Form to Report Lobbying,"in accordance
result ofan Executive Dole,ofthe President with respect to the prosecution of with its instructions
war or in the interest ofnational defense,or an Executive Order of the (3) The undersigned shall require that the language oC thts certification be
President or Governor of the State with respect to the preservation of energy included In the award documents for all suhawards at all hers(including subgrants,
resources and contracts and subcontracts under grants,subgrants,loans,and cooperative
(3) The contractor is prevented from proceeding with the work by reason of agreements)which exceed S100,000,and that all such subrecipicros shall certify
and disclose accordingly
A prchmnary,special,or permanent"straining order ofa court of competent
jurisdiction where the issuance of such order is primarily caused by The acts or This certification is a niatenal representation of fact upon which reliance was
onussions of persons or agencies other than the contractor placed when this transaction was made or entered into Submission of%his
certification as a prerequisite for making or entonng into this transaction Imposed
by Section 052,Title 31,U S Code Any person who fails to file the required
(4) The Secretary determmes that such lertrnatom is In the best interests of certrfieahon shall be subject to a civil penalty of not less than S10,000 and not more
the Slate than$100,000 for each such failure
Additional Provisions
i
I
i
DOT Form 14M59 EF 4
Revised r0102
1'
19
k
t
a
x
i
x �
i
w �
L�
N
III
- M I
m
O
N �
C]
N
1
r
� d
p
m 1
3
ENGINEERING DEPARTMENT SHEET .�-
CITY OF KENT
_ TYPICAL BRIDGE
KENT DD WN R" 5 NONE SECTION
v
a""'^°� APPRGYEG MTE
w
0 .
rc
I
u
20
arlU t
Q I
0 1 2
"S CNT
SCALE IN MILES mt
, s s
TUKWILA /�^q
V
NOT TO SCSL£
n
•< e
..4
{' 5
to
I� s � _yG sgsnE sr I
y g
.,GRADE r, ING COUNTYy'
4.' SEPAPATIONS
MOINES
.! E Y+tiF§
•. T.. �+�T
1 SC Ii WEN§Y
sl
wy-cH
5 31M$1 C
p� p p i _�_y__ S
EVEtSML�j gt AUBURN --`
W. Y.
4 I
ENCINEMNC DEPARTMENT m SHEET
CITY OF KEN T' `
F
F
.� �oruw,�.......__KE� rw . .._.. sc.tc v+:rnw VICINTY MAP i
I
21
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
® ^�° Phone 253-856.5500
KEN Fax
Fax 253.856-6500
w n s H N a r o H Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: September 15, 2003
TO: Ma; VWite and Kent City Council
FROM: D ekstrom, Public Works Director
THROUGH
SUBJECT: Interagency Agreement Between The City of Kent and the City of Des Moines
Joint Use Stormwater Detention/Treatment Facility
MOTION:
Authorize the Mayor to sign the KenUDrs Moines Joint Use Stormwater Detention/Treatment
Facility Agreement, upon concurrence of the language therein by the Public Works Director
and the City Attorney
SUMMARY:
This agreement between the City of Kent and the City of Des Moines allows the City of Des
Moines to design and construct a Joint stormwater detention/treatment facility and environmental
mitigation work in exchange for being granted rights to construct the improvements on City-
owned property located immediately west of the intersection of Pacific Highway South and
Kent-Des Moines Road
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
The north segment of Korn's Pac Hwy project and the south segment of the City of Des Moines'
Pac Hwy project both drain to a large wooded area near the intersection of Pacific Highway
South and Kent-Des Moines Road. This property was purchased several years ago by the City of
Kent to be used for construction of a stormwater detention/treatment facility for the Kent's
project The City of Des Moines desired to use a portion of the property to construct their
stormwater detention/treatment facility It was determined that constructing a joint
detention/treatment pond on the Kent-owned property would benefit both City's
Mayor While and Kent City Council 7omt Use Stormwater Detention/TTeatment Agreement Ali
September 15,2003
1
22
This page intentionally left blank.
i
i
I
i
i
i
23
INTERAGENCY AGREEMENT BETWEEN
THE CITY OF KENT AND THE CITY OF DES MOINES
REGARDING THE PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
JOINT USE STORMWATER DETENTIONITREATMENT FACILITY
THIS INTERAGENCY AGREEMENT is entered into between the City of Kent, a
Washington Municipal Corporation,located and doing business at 220 Fourth Avenue South,
Kent, Washington.98032 (hereinafter called"City of Kent") and the City of Des Moines, a
Washington Municipal Corporation,located and doing business at 21650 111h Avenue South,
Des Moines, Washington 98198 (hereinafter called"City of Des Moines").
RECITALS
WHEREAS, the City of Kent is required to construct a stormwater detention/treatment
facility for their Pacific Highway South HOV Lanes Project, and
WHEREAS, the City of Des Moines is required to construct a stormwater detention/
treatment facility for their Pacific Highway South HOV Lanes Project, and
WHEREAS both the City of Kent's and the City of Des Moines' drainage systems will
discharge to the headwaters of Massey Creek within the City of Kent limits, and
I
I
WHEREAS the City of Kent recently acquired property within the City of Kent and
i
partially within the City of Des Moines to provide for its detcntion/treatment facility, a map of
this property is attached to this AGREEMENT as Exhibit A, and
i
Page 1 of 08/12/2003
24
WHEREAS the Cityof Des Moines desires to utilize portions of the Kent acquired
P 4
property to construct aloint-use detention pond, and
WHEREAS the calculated volume that the City of Des Moines requires within the pond
area is 60 percent of the total and the calculated volume that the City of Kent requires within the
pond area is 40-percent of the total
NOW THEREFORE,in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED BY THE CITY OF KENT AND THE CITY OF DES MOINES AS
FOLLOWS:
AGREEMENT
A. PACIFIC HIGHWAY SOUTH STORM WATER DETENTION/TREATMENT
FACILITIES
1 The City of Kent will allow the City of Des Moines to utilize 60 percent of theaoint-pond
area on the City of Kent owned property
2 The City of Des Moines will perform all work and assume all costs associated with the
design and construction of the stormwater detention/treatment facility and associated
appurtenances. The pond will be designed to accommodate the City of Kent's and the
City of Des Moines' stormwater in accordance with the provisions of the City ofKent's
May 2002 Surface Wafer Design Manual and the City of Des Moines' requirements A
preliminary drawing of the slormwater detention/treatment facility contemplated by this
AGREEMENT is attached as Exhibit B to this AGREEMENT
Page 2 of 7 08/12/2003
25
3 The City of Des Moines will submit to the City of Kent and/or other agencies all required
permit applications and, prior to start of construction,receive all approvals necessary to
construct the stormwater detention facility and appurtenances including approvals from
i
i
the City of Kent
i
4 The City of Des Moines agrees that they will perform all work and assume all costs
associated with the design, construction and maintenance of any required environmental
mdigationmeasures necessitated by the construction of the pond and appurtenances
5. The City of Des Moines and the City of Kent agree that,after the City of Des Moines
i
completes construction and the City of Kent accepts the construction as complete, the
City of Kent will perform periodic maintenance of the pond and its appurtenances The
costs for this maintenance work will be shared between the parties. The City of Des
Moines will be responsible for 60-percent of the maintenance costs and the City of Kent
will be responsible for 40-percent of the maintenance costs The labor and material cost
for maintenance will be at normal City of Kent rates including associated overhead costs
In the event that the City of Kent should decide to contract for or transfer maintenance
responsibilities to a third party, the City of Des Moines will have the right and
opportunity to review and approve any procurement or bidding process and any contract
for maintenance responsibilities and,if such a contract for maintenance is ultimately
entered into with a third party,the City of Des Moines will be responsible for 60 percent
of the total third party maintenance costs and the City of Kent will be responsible for 40
percent of the total thud party maintenance costs.
6 The cost of any future modifications to the stormwater detention/treatment facility
required for repair,maintenance,or by any federal, state or local ordinance or
Page 3 of 7 08/12/2003
26
requirement shall be shared between the parties at the rate of 60 percent for the City of
Des Moines and 40 percent for the City of Kent
7 The City of Kent reserves the right to surplus or sell the remaining portion of the property
not required for the stormwater detention/treatment facility
B. MISCELLANEOUS
1. Termination Items 1 through 4 of Section A of the AGREEMENT shall terminate on the
date that construction of the stormwater detention/treatment facility is completed and
both parties have accepted the pond construction as final Items 5, 6 and 7 of Section A of
the AGREEMENT shall remain in force in perpetuity unless modified by a future
agreement executed by both parses pursuant to Item 5, Section B of this AGREEMENT
i
2 Leval Relations The City of Des Moines shall defend and hold the City of Kent, its
officers,officials, employees, agents and volunteers harmless from any and all claims,
injuries,damages, losses or suits, including all legal costs and attorney fees, ansing out or
in comiection with the performance of this AGREEMENT, except for injuries and
damages caused by the City ofKent's negligence
The City of Kent shall defend and hold the City of Des Moines, its officers, officials,
employees, agents and volunteers harmless from any and all claims,in)unes,damages,
losses or suits,including all legal costs and attorney fees, ansing out or in connection
I
Page 4 of 7 08/12/2003
27
with the performance of this AGREEMENT, except for injuries and damages caused by
the City of Des Moines' negligence
i
I
i
3 Resolution of Disnutes and Governing Law
a. MEDIATIONIARBITRATION CLAUSE—If a dispute arises from or relates to
this Agreement or the breach thereof and if the dispute cannot be resolved through direct
discussions,the parties agree to endeavor first to settle the dispute in an amicable manner
by mediation administered by a mediator under the American Arbitration Association's
Commercial or Construction Rules before resorting to arbitration The mediatormay be
selected by agreement of the parties or through the American Arbitration Association.
Following mediation,any unresolved controversy or claim arising from or relating to this
Agreement or breach thereof shall be settled through arbitration which shall be conducted
under the Arnencan Arbitration Association's Commercial or Construction Arbitration
Rules. The arbitrator may be selected by agreement of the parties or through the
American Arbitration Association All fees and expenses for mediation or arbitration
i
shall be bome by the parties equally However, each party shall bear the expense of its
own counsel, experts,witnesses, and preparation and presentation of evidence
i
b. VENUE. APPLICABLE LAW and PERSONAL JURISDICTION- Except as
I
otherwise provided by law,it is expressly understood that neither party can institute any
legal action against the other based on this Agreement until the parties have exhausted the
mediation and arbitration procedures required by the previous paragraph This
AGREEMENT shall be governed and construed in accordance with the laws of the State
of Washington If the parties are unable to settle any dispute,difference or claim ansmg
Pap 5 of 7 08/12/2003
28
from the parties' performance of this AGREEMENT,the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue,
{
rules and jurisdiction of the King County Superior Court located in Kent,King County,
I
Washington. The parties each consent to the personal jurisdiction of such court In any
claim or lawsuit for damages ansing from the parties' performance of this
AGREEMENT, each party shall pay all of its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, in addition to any other recovery or award
provided by law, provided, however,nothing in this paragraph shall be construed to limit
either party's right to indemnification under Item 2, Section B of this AGREEMENT
4. Assignment Any assignment of this AGREEMENT by either party without the written
i
i
consent of the non,assigning party shall be void.
5 Modification No waiver, alteration, or modification of any of the provisions for the
I
i
AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the City of Kent and the City of Des Moines
6. Enure Agreement The written provisions and terms of this AGREEMENT,together with
any attached Exhibits,shall supercede all prior verbal statements of any officer or other
representative of either party, and such statements shall not be effective or be construed
as entering into or forming a part of or altering in any manner this AGREEMENT This
document, including all Exhibits,is the entire agreement between the parties.Should any
language in any of the Exhibits to the AGREEMENT conflict with any language
contained in this AGREEMENT,the terms of this AGREEMENT shall prevail
Page 6 of 7 09/12/2003
29
7 This AGREEMENT shall be effective as to all Parties on the last date signed below
IN WITNESS WHEREOF,this AGREEMENT and Conveyance is executed by the Parties by
their authorized officers indicated below
CITY OF KENT CITY OF DES MOINES
BY BY (—ry;'�/�
ITS ITS X e-k-vi
By Direction of the Des Moines City Council
DATE in open public meeting on July 31,2003
DATE 51+51d3
i
i
i
ATTEST ATTEST
CITY CLERK, CITY OF KENT CI CLERK, CITY OF DES MOINES
APPROVED AS TO FORM ROVE O FORM
KENT CITY ATTORNEY DES MOINES CITY ATTORNEY
i
i
1
I.
i
Page 7 of 7 08/12/2003
30
EXHIBIT A
Y � I
S 212TH ST
Y ar }
4 N,
J
_ 5 216TH ST '
C I T Y ® Fps ES r
DES MOIN
� 6 CITY OF K E N T f
T ,
RD € S 234Tn ST F
S �
JOINT - USE
DETENTION 1 TREATMENT ' S 240TH ST
FACILITY LOCATION f o WREN a m yyh
< I/3 z
T O
o r-J 2 l p MEEKER
w I � Z
II a
1
YAWS
^t—T 5 252Np ST
-'
I
4 i
s 260ni sr >I
T \Jti� lK FENWICK
I
%
t L T—
I
M I I
S 268TH ST ? ` i n T
^ 5 2]_2t`D 5T CITY""ITS_4---� I �
I
_�I
STARLK
-1
CITY OF KEN PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
k ENGINEERING DEPARTMEBT
2RO .n+♦o x VICINITY MAP
�� N,NT MA S.W2
31
EXHIBIT
NEW STORMWATER
DETENTION I TREATMENT
NT.KE
O FACILITY
o�S M1N�S Rpgp
W
� F
, � W
Y
� � b
o CITY Ol KENT
c� OWNED FROPERTY
S
Y
� � u
Z
iL
_ O
r
r,
z
U
4
1
j
CITY OF KENT PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
ENCINEERIN6 OEPARTMEW SITE MAP j
1�KENT 120 Oro Arc, s
KENT YF GWJI
I
32
I
i
I
This page intentionally left blank. j
i
i
i
i
I
i
i
it
I
I
I
i
i
33
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
® ^�° Fax 253-856-6500
KEN 1 Address 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5695
DATE: Se er 15, 2003
TO: M to and Kent City Council
FROM: D kstrom,Pubhc Works Director
THROUGH:
SUBJECT: 1041"Ave SE Raising—Accept as Complete
MOTION: Recommend to full Council acceptance of the project as complete.
SUMMARY:
The Public Works Department is seeking Council acceptance of this subject project as complete.
As we have historically done when a construction projects final contract amount exceeding 10%
of the original bid amount'we seek the Public Works Committee's concurrence before bunging it
to,full Council In this case the final contract amount is 21.67% or $142,278 76 over the
awarded contract amount of$655,824
BUDGET IMPACT There is No Unbudgeted Fiscal Impact associated therewith
I
BACI(GROUND
The primary cause of the over run of cost(approximately$88,000)related to the discovery of
unsuitable material encountered within 1041 Ave SE in the area and southerly of SE 267ih Street
To get a stable road bed an additional 1,100 cubic yards of matenal had to be excavated followed
by baekfilling with additional gravel borrow and crushed rock
The problem with the unstable road continued into the paving as the first course was put down
and allowed to set until the saturated base drained. Afterwards the area had to be pre-levelled
before the final lift to remove the ruts. This increased the asphalt quantities
Lastly the other significant additional costs incurred related to replacing 16 traffic loops
($25,000), 2 manholes($16,000) and to add lIDPE pipe($17,000) for a power by-pass and to
mitigate for a rusted out 36 inch culvert under 104'°SE(saving having to tear up 100 and
replace the entire run under traffic)
Mayor White and Kent City Council ITS Grant Agreement-Authorize '...
September 15,2003
1
34
This page intentionally left blank.
i
I
I
i
i
I
it
i
i
35
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
1400 Phone 253-856-5600
U® Fax 253.856-6500
KE•�T Address 220 Fourth Avenue S
WASHING70N
Kent,WA 98032-5895
DATE: Septemb r 15, 2003
TO: Ma hite and Kent City Council
FROM: Dc�cstrom,Public Works Director
THROUGH
SUBJECT: Condemnation Ordinance—Right of Way for 228f'St Extension
MOTION:
Recommend authorization to adopt Condemnation Ordinance# Right of Way for
228th Street Extension project
SUMMARY:
Construction of the S 220' Street Extension will require acquisition of property located north of
the Kent Highlands Landfill This property is owned by the City of Seattle and is currently
vacant. An appraisal of the property is nearing completion and will be done in time for adoption
of a Condemnation Ordinance The property in question is needed for the roadway and to
provide on-site soil for use as roadway fill, a construction staging area, and room for a
stomiwater treatment facility
i
BUDGET IMPACT Already included in the South 22gth Street Extension project budget
BACKGROUND:
In order to facilitate construction of the S 228th Street Extension,property owned by the City of
Seattle needs to be acquired Discussions with City of Seattle staff have been ongoing since
2000, and have included City of Seattle Real Estate Services staff since 2001 During a
November 2002 meeting, it was suggested that condemnation of Seattle's property may
significantly reduce the time needed to acquire it Following completion of appraisals,Public
Works would like to continue with this"friendly"condemnation in order to obtain the property
and start construction of the project in 2004
Mayor white and Kent City Council Condet,manon Ordinance—Right of Way for 220 St Extension
August 4,2003
1
36
I
This page intentionally left blank.
i
i
I
I
I
37
ORDINANCE NO.
AN ORDINANCE of the City of Kent,Washington,
providing for the acquisition of a portion of the South 228th
Street extension project and/or property rights in order to
construct, extend, widen, improve, alter, maintain, and
reconstruct South 228th Street between 60 Avenue South
and State Route 516; providing for the condemnation,
appropriation, taking and damaging of such surface and
aerial property rights as are necessary for that purpose;
providing for the payment thereof out of the 228'h West Leg
Improvement Project fund (Fund No R90093.4140 364),
directing the city attorney to prosecute the appropriate legal
proceedings, together with the authority to enter into
settlements, stipulations or other agreements; and
acknowledging that all of said property is located within
King County,Washington
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ORDAINS AS FOLLOWS
SECTIONI. After hearing the report of City staff,and after reviewing the
planned improvements for the South 2281h Street Extension Improvement Project (the
"Project"), the City Council finds and declares that the public convenience, use, health,
safety and necessity demand that the City of Kent condemn,appropriate,take and damage
portions of certain real property located in King County, Washington, in order to acquire
the necessary real property and/or property rights for the construction of the Project,
including all necessary appurtenances. The property affected by this ordinance is legally
described in Exhibit A,attached and incorporated by this reference(the"Property") The
South 22e Street
Condemnation Ordinance
38
purposes for which this condemnation is authorized shall include, without limitation,all
acts necessary to complete the construction,extension,improvement,widening,alteration,
i
maintenance, reconstruction and restoration of the Project, and any other municipal
purpose that may be necessary from time to time on the Property
SECTION2 The city authorizes the acquisition by condemnation of all or
a portion of the Property for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, together with all necessary
appurtenances and related work to make a complete improvement according to city
standards `
SECTION 3. The city shall condemn the Property only after just
compensation has first been made or paid into court for the owner or owners in the manner
prescribed by law
SECTION 4. The city shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the city's "228`h West Leg
Improvement Project"fund(Fund No R90093 4140 364)or from any of the city's general
funds, if necessary, as may be provided by law
I
SECTIONS. The city authorizes and directs the city attorney to commence
those proceedings provided by law that are necessary to condemn the Property In
commencing these condemnation procedures,the City Council authorizes the city attorney
to enter into settlements,stipulations or agreements in order to minimize damages,which
settlements, stipulations or agreements may include,but not be limited to, the amount of
just compensation to be paid,the size and dimensions of the property condemned,and the
acquisition of temporary construction easements and other property interests
SECTION 6. Any acts consistent with the authority and prior to the
South 2240 Street
Condemnation Ordinance.
39
effective date of this ordinance are ratified and confirmed.
SECTION 7, The provisions of this ordinance are declared to be separate
and severable The invalidity of any clause, sentence,paragraph,subdivision,section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this ordinance,or the validity
of its application to other persons or circumstances
SECTION 8. This ordinance, being the exercise of a power specifically
i
delegated to the City legislative body, is not subject to referendum,and shall take effect
and be in force five(5) days after passage, approval and publication as provided by law
I
I
JIM WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY j
PASSED the day of 12003
APPROVED the day of 2003
South 228"Street
Condemnation Ordinance
40
PUBLISHED the day of 2003
I hereby certify that this is a true and correct copy of Ordinance No
passed by the City Council of the Crty of Kent,Washington,and approved by the Mayor of
the City of Kent as hereon indicated
BRENDAJACOBER,CITY CLERK(SEAL)
➢WiYiMMNANCMom mn32281MOW Eo<. .
i
I
I
I
I
I
i
South 22e Street
Condemnation Ordinance
41
Property to be Acquired from City of Seattle
That portion of Section 15, Township 22 North, Range 4 East,W M , the Enos
Cooper Donation Land Claim Number 38, and the unrecorded plat of Richard's
Hy-Line Acres, all in King County, Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01'11'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears S01019'23'VV
2630 04 feet distant; thence S89°51'38"E, along the east west center of section
line of said Section 15, a distance of 897.77 feet to the TRUE POINT OF
BEGINNING of the herein described tract of land, thence N24044'21"W 53 34
feet, thence N200 12'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W,
thence northeasterly, along said curve, through a central angle of 2023'08", an
arc distance of 55 79 feet to a point of tangency; thence N62053'56"E 355 76 feet
to a point of tangency with a 1960 00 foot radius circular curve to the right,
thence northeasterly, along said curve, through a central angle of 10000'58", an
arc distance of 342 64 feet, thence S65009'08"E 615 63 feet, thence S23056'42"E
162 95 feet to the east west center of section line of said Section 15, thence
S89051'38"E, along said center of section line, 449 78 feet to the center of said
Section 15 thence N00°45'27"E, along the north south center of section line of
said Section 15, a distance of 340 02 feet to the north line of the south 340 00
feet of the northeast quarter of said Section 15, thence S89051'38"E, along said
north line, 325 02 feet to the east line of the west 325 00 feet of said northeast
quarter, thence N00045'27"E, along said east line, 185 01 feet to the north line of
the south 525 00 feet of said northeast quarter, thence S89051'38"E, along said
north line, 855.38 feet to the southwesterly line of a tract of land conveyed to the
City of Kent by Quit Claim Deed recorded under King County Recording Number
20020829000359, thence N35003'17"W, along said southwesterly line, 142 81
feet to an angle point in said line, thence continuing along said southwesterly
line, N55045'57"W 257 43 feet to an angle point in the south line of said tract;
thence N89051'00"W, along the south line of said tract, 882 09 feet to the north
south center of section line of said Section 15 and an angle point in the south line
of said tract; thence continuing along the boundary of said tract and said north
south center of section line, N00°45'27"E 26 30 feet to an angle point in the
boundary of said tract, thence S89110'13"W, along the boundary of said tract,
341 94 feet to the southwest corner thereof, thence N03051'53"E, along the west
boundary of said tract and its northerly prolongation, 197 49 feet to an angle
point in the southerly boundary of Tract"R" as shown in that certain Record of
Page 1 of 2
EXHIBIT "A"
Page 1 of 5
42
Survey on file under King County Recording Number 19991123900001, thence
N50°08'07"W, along said southerly boundary, 158 37 feet to an angle point in
said southerly boundary, thence continuing along said southerly boundary and its
southwesterly prolongation, S75051'53'W 213 39 feet to the west line of the east
half of the northeast quarter of the northwest quarter of said Section 15; thence
S00051'59"W, along said west line, 474 22 feet, thence S84131'32"W 40 98 feet
to a point of tangency with a 2050 00 foot radius circular curve to the left, thence
southwesterly, along said curve, through a central angle of 18'03'57", an arc
distance of 646 38 feet to the east line of the southwest quarter of the northwest
quarter of said Section 15, thence N00058'32"E, along said east line, 3 60 feet to
the north line of the south 415 00 feet of said southwest quarter of the northwest
quarter; thence N89151'38"W, along said north line, to the centerline of a Jogging
road as described in Statutory Warranty Deed recorded under King County
Recording Number 8304010596, thence southwesterly, along said logging road
centerline, to the northeasterly right of way line Military Road South; thence
S24°44'21"E, along said northeasterly right of way line, to the northwest corner of
Tract 20, in the unrecorded plat of Richards Hy-Line Acres, from which point the
west quarter corner of said Section 15 bears N89044'01"W 876.63 feet distant,
thence continuing along said northeasterly right of way line, S24044'21"E 446 89
feet to the south line of the north 405 00 feet of said unrecorded plat, thence
S89044'01"E, along said south line, 22 07 feet to a point which bears
S24°44'21"E from the TRUE POINT OF BEGINNING, thence N24044'21"W
449 09 feet to the TRUE POINT OF BEGINNING.
Containing 1,101,811 square feet or 25 294 acres
Page 2 of 2
EXHIBIT "A"
Page 2 of 5
43
Slope Easement No 1 from the City of Seattle_
That portion of Section 15, Township 22 North, Range 4 East, W M , in King
County, Washington, described as follows.
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01011'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears S01119'23"W
2630 04 feet distant, thence S89051'38"E, along the east west center of section
,line of said Section 15,a distance of 897 77 feet; thence N24044'21"W 53 34
feet, thence N20012'271� 43 32 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'33"W,
and the TRUE POINT OF BEGINNING of the herein described tract of land,
thence northeasterly, along said curve, through a central angle of 2023'31",an
are distance of 55 94 feet to a point of tangency, thence N62°53'56"E 64 79 feet,
thence S27006'04"E 22.52 feet, thence S62053'56"W 136 24 feet to a point which
bears S20012'27"W from the TRUE POINT OF BEGINNING, thence
N20012'27"E 34 93 feet to the TRUE POINT OF BEGINNING
Containing 2819 square feet or 065 acres
r� 1,11
1 f�Y Ij
,l ` %
der
EXHIBIT "A"
Page 3 of 5
i
44
i
Slope Easement No 2 from the City of Seattle-
That portion of Section 15, Township 22 North, Range 4 East, W M , in King
County,Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01011'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears SO1°19'23'VV
2630 04 feet distant, thence S89051'38"E, along the east west center of section
line of said Section 15, a distance of 897 77 feet, thence N24044'21"W 53 34
feet, thence N20012'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W
thence northeasterly, along said curve, through a central angle of 2°23'08", an
arc distance of 55 79 feet to a point of tangency, thence N62053'56"E 137 49 feet
to the TRUE POINT OF BEGINNING of the herein described tract of land, thence
continuing N62053'56"E 218 27 feet to a point of tangency with a 1960 00 foot
radius curve to the right, thence northeasterly, along said curve, through a central
angle of 10000'58", an arc distance of 342 64 feet, thence S65009'08"E 1 81 feet,
thence S61059'54"W 139 68 feet, thence S60050'45'W 343 27 feet, thence
S74024'16"W 79 1i6 feet, thence N27°06'04"W 30 00 feet to the TRUE POINT OF
BEGINNING
Containing 17,644 square feet or 0 405 acres
:
EXHIBIT "A"
Page 4 of 5
45
Slope Easement No 3 from the City of Seattle
That portion of Section 15, Township 22 North, Range 4 East, W M , in King
County, Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears NOVI1'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears S01°19'23"W
2630 04 feet distant, thence S89051'38"E, along the east west center of section
line of said Section 15, a distance of 897 77 feet, thence N24044'21"W 53 34
feet, thence N20°12'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W,
thence northeasterly, along said curve, through a central angle of 2023'08", an
arc distance of 55 79 feet to a point of tangency; thence N62053'56"E 355 76
feet; thence N2700604"W 40 00 feet to a point of curvature on a 2000 00 foot
radius, circular curve to the right, from which point the center of said curve bears
S27°06'04"E, thence northeasterly, along said curve, through a central angle of
3033'38", an are distance of 124 30 feet to a point on said curve, thence
N23032'26"W 50 00 feet to the east line of the southwest quarter of the northwest
quarter of said Section 15 and the TRUE POINT OF BEGINNING of the herein
described tract of hand, thence N00°58'32"E, along said east line, 17 46 feet,
thence N69043'03"E 444 45 feet, thence N72004'25"E 260 76 feet to the west line
of the east half of the northeast quarter of the northwest quarter of said Section
15, thence S00051'59"W, along said west line, 86 63 feet, thence 884031'32"W
40 98 feet to a point of tangency with a 2050 00 foot radius, circular curve to the
left, thence southwesterly, along said curve, through a central angle of 18003'57",
an are distance of 646 38 feet to the TRUE POINT OF BEGINNING
Containing 23,805 square feet or 0 546 acres
i
EXHIBIT "A"
Page 5 of 5
i
it
i
i�
I
i
i N`
z.
e
II �.
Y ti
II
r �
-
/ 6e
0 RR
x.
l
i
�4
/ I
` a
/
w
i
i
i
i