HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/03/2003 Public Works Committee Agenda
Councilmembers: Julie Peterson*Rico YinglingeTim Clark, Chair
e November 3, 2003
jC�I1T 5:00 P.M.
Item Description
Action Sneaker Time Page
1. Approval of minutes dated September 15,2003 yes none
OS 1
2. Sale of Properties at SE Quadrant of yes Wickstrom 05 3
SE 2740' St and 108'h Ave SE-Authorize
3. WSDOT Participation Agreement for Pac Hwy yes Wickstrom 05 7
North Phase—Authorization
4. Boeing&Mill Creek Improvements - yes Wickstrom 05 15
Accept as Complete
5. Imerlocal Agreement with Soos Creek Water es Wickstrom 05 17
& Sewer District—Authorize
Y
Unless otherwise noted,the Public Works Committee meets at 5:00 p.m, on the I'and 3�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 Clerk's Office at
(253)856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1 80D-833-6388.
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PUBLIC WORKS COMMITTEE MINUTES
September 15, 2003
COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Rico Yingling, Julie
Peterson
The meeting was called to order by Tim Clark at 5:02 P.M. Council member Julie
Peterson asked that one item be added to the Agenda, a gentleman attending the meeting
wanted to discuss the sidewalk on 124'1,Ave SE. Sidewalks on 124"'Ave SE was added
as Item#7 to the agenda.
Approval of Minutes of AU¢ust 18,2003
Committee Member Rico Yingling moved to approve the minutes of August 18, 2003.
The motion was seconded by Committee member Julie Peterson and passed 3-0.
ITS Grant
Public Works Director Don Wickstrom said the City was able to obtain a federal earmark
grant to facilitate transit service in Kent. Rico Yingling asked who was instrumental in
helping to acquire the grant, Tim LaPorte, City of Kent Design Engineering Manager
stated Patty Murry was very helpful in the process.
Julie Peterson moved to recommend the Council authorize the Mayor to execute the
Loacal Agency Agreement to accept the ITS Earmark Grant form Federal Highway
Administration (FHWA) for$1,247,913 for Dent Intracity Transit Service and to
establish a budget for same along with directing staff to spend the money
accordingly. The motion was seconded by Rico Yingling and passed 3-0.
Local Arency Agreement from Federal Highway Administration for 228Ch Street
Grade Separations Proicct
Don Wiekstrom said 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. This item will go to Council on September 16 due to
short window of time allowed to return the signed agreement to T13.
Rico Yingling moved to recommend authorizing the Mayor to sign the Local Agency
Federal Aid Prospectus and Local Agency Agreement for the South 228"' 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 same along with
directing staff to spend money accordingly. The motion was seconded by Julie
Peterson and passed 3-0.
2
Interagency Agreement with City of Des Moines Joint Use Stormwater Detention
Facility
Don Wickstrom said this agreement 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. This will save the City of Kent$200,000 - $300,000 by not having to build the
detention pond.
Julie Peterson moved to recommend authorizing the Mayor to sign the Kent/Des
Moines Joint Use Stormwater Detention/Treatment Facility Agreement, upon
concurrence of the language therein by the Public Works Director and the City
Attorney. The motion was seconded by Rico Yingling and passed 3-0.
104th Avenue SE Raising Proiect
Don Wickstrom said when a project final contract amount exceeds 10% of the original
bid Public Works _has historically sought the Public Works Committees concurrence
before bringing it to full Council. This project is 21.67% over the awarded contract
amount of$655,824. Dennis Johnson, City of Kent Project Engineer presented a Power
Point presentation of photographs showing the problems that were encountered and the
finial solutions.
Rico Yingling moved to recommend to full Council acceptance of the project as
complete. The motion was seconded by Julie Peterson and passed 3-0.
Condemnation Ordinance—Right of Wav for 228' St Extension
Don Wickstrom,Public Works Director said that in order to facilitate construction of the
S 228`h Street Extension,property owned by the City of Seattle needs to be acquired.
Discussions with the City of Seattle are ongoing but in order to obtain the property and
start construction of the project in 2004 Public Works would like to continue with this
friendly condemnation.
Rico Yingling moved to recommend to Council adoption of an ordinance to
establish Condemnation of Righ of way for 228th St Extension project. The motion
was seconded by Julie Peterson and passed 3-0 j
i
124th Avenue SE Sidewalks
Gary Stewart—404 Railroad Ave North, Mr. Stewart was concerned about 120'Ave SE
on the West side. He stated that the distance from the fog line to the open ditch is only
1'/2 inches. There is no space for pedestrians, bicyclist, strollers, etc. He wanted to know
when the situation would be taken care of. Don Wickstrom said the money was in the
budget to widen the shoulder and his best guess would be that it will take approximately
4 weeks to complete. The Council members thanked Mr. Stewart for bringing this item
to the Committee.
The meeting adjourned at 5:38 P.M.
Janet Perschek
Administrative Assistant
it
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
�® Phone:253-856-5500
K c Fax: 253-856-6500
wA s M N G r o N Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
DATE: November 3, 2003
TO: Mir 4hite and Dent City Council
FROM: Do rckstrom, Public Works Director
SUBJECT: Sale of Properties at the SE quadrant of SE 274`h St and 108`h Ave SE (AKA
Meadow Ridge Short Plat)
MOTION: Recommend authorization to full Council the sale of properties at the southeast
quadrant of S.E. 274`h Street and 1081h Avenue S.E.
SUMMARY: The Public Works Department requests authorization to sell properties at the
southeast quadrant of S.E. 274`h Street and 108`h Avenue S.E.
BUDGET IMPACT: No Unbudgeted Fiscal/Persomiel Impact
BACKGROUND: In conjunction with the development of the 2771h Corridor project
numerous properties impacted by the footprint of the project were bought. In this particular case
we combined two parcels one of which had a house on it. We segregated out a lot with j ust the
house on it then short platted the balance into 4 lots. While we spent $75,000 to provide utilities
and a private roadway to service all lots including the house, my personal belief is that we will
net $300,000 to $400,000 more then we would have had the property been sold as is. All sales
will be at or above appraised value for which we are in the midst of having the properties
appraised. Since we have yet to complete all the improvements associated with this corridor
project the monies here from would be used to do so. It also should be noted that this money is
not a windfall but an anticipated financial element of the projects funding.
Mayor White and Kent City Council Authorization to sell property
November 3,2003 1
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
• Phone:253-856-5500
Fax:
KNAddress: 220 Fourth Avenue S.
WAsHINGToN
Kent,WA.98032-5895
DATE: octobe 29, 2003
TO: Ma to and Kent City Council
FROM: Do ` ekstrom, Public Works Director
THROUGH:
SUBJECT: WSDOT Participation Agreement for Pac Hwy North Phase Overlay
MOTION:
Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the
amount of $77,000 for design of the North Phase Pacific Highway South HOV Lanes
Asphalt Concrete Overlay upon concurrence of the language herein by the Public
Works Director and the City Attorney and to establish a budget for the same along with
directing staff to spend the money accordingly.
SUMMARY:
Authorize the Mayor to sign the Participation Agreement between the City of Kent and the
Washington State Department of Transportation for the City to perform preliminary engineering
design for overlay of the City of Kent's Pacific Highway South HOV Lanes South Phase
between S. 272"d Street and S. 252nd Street,
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Pacific Highway South is a state route (SR-99). The Washington State Department of
Transportation is responsible for the maintenance of the roadway surface. The City of Kent is in
process of designing the Pacific Highway South HOV Lanes Project. The WSDOT has agreed to
reimburse the City for cost of performing the asphalt concrete overlay. This agreement is for
design of the overlay.
Mayor White and Kent City Council WSDOT Participation Agreement for Pac Hwy North Phase i
November 3,2003
1
i
9
� Washington State
MAP Department of Transportation
Organization and Address -
City of Kent
State Participating Public Works Department
Agreement 229-44 Ave.So
Kent,WA 98032
Work by Local Agency Section/Location
Actual Cost SR 99,S 272nd St to S 252nd South Phase
Agreement Number
Description of Work
CCA 334"6 Preliminary Engineering Phase for ACP overlay and required
State Route Number Control Section Number safety work on existing portion of SR 99 The STATE s portion of I
99 170I06 the CTTY's project will rehabilitate the existing pavement
Region
Northwest Region
THIS AGREEMENT,made and entered into this day of ,between the STATE OF
WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,(hereinafter the"STATE")and
the above named organization, (hereinafter the"LOCAL AGENCY')
WHEREAS,the LOCAL AGENCY is planning the construction of a protect as shown above,and in connection therewith,the STATE
has requested that the LOCAL AGENCY perform certain work as herein described,and
WHEREAS,it is deemed to be in the best interest for the STATE to include specific Items of work in the LOCAL AGENCY's
construction contract proposed for the above-noted project,and
WHEREAS,the STATE is obligated forthe cost of work described herein
NOW THEREFORE,by virtue of RCW 47 28 140 and in consideration of the terms,conditions,covenants,and performances
f contained herein,or attached and incorporated and made a part hereof,IT IS MUTUALLY AGREED AS FOLLOWS
I
The STATE agrees, upon satisfactory completion or the
GENERAL work involved,to deliver a letter of acceptance which shall
Include a release and waiver of all future claims or demands of
The LOCAL AGENCY,as agent acting for and on behalf of
any nature
the STATE,agrees to perform the above"Descriplion of AGREEMENTulting from the performance of the work under this
Work'
Plans,specifications and cost estimates shall be prepared by the II j
LOCAL AGENCY m accordance with the current State of PAYMENT
Washington Standard Specifications for Road, Bridge,and The STATE,in consideration of the faithful performance of the
Municipal Construction,and amendments thereto,and adopted work to be done by the LOCAL AGENCY,agrees to reimburse
design standards,unless otherwise noted The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect
will incorporate the plans and specifications into the LOCAL cost of the work
AGENCY's project and thereafter advertise the resulting project !
for bid and,assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the
awarded,administer the contract LOCAL AGENCY at the STATE's expense is marked Exhibll
"A",and is attached hereto and by this reference made a part
of this AGREEMENT
The LOCAL AGENCY agrees to submit plans and specifications Partial payments shall be made by the STATE,upon request of
for the described work as shown on Exhibit"B",attached hereto the LOCAL AGENCY,to cover costs incurred These payments
and b this reference made a art of this AGREEMENT,to the I
y P are not to be more frequent than one(1)per month It is agreed
STATE for approval prior to advertising the project that an such artist a y p payment will not constitute agreement as to
the appropriateness of any item and that,at the time of the final
The STATE may, P,rf a desires,furnish an inspector on the audit,all required adjustments will be made and reflected in a
final payment
project Any costs for such inspection will be borne solely by
the STATE All contact between said inspector and the LOCAL
AGENCY's contractor shall be through the LOCAL AGENCY's
representative
DOT Fain U4-0e7EF
R8V,..d 1/97
i
10
The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description
within forty-Hve(45)days after the LOCAL AGENCY has _ of work contained in this AGREEMENT is required,approval must
completed the work be secured from the STATE prior to the beginning of such work
Where the change is substantial,written approval must be
ill secured
DELETION OF WORK
In the event the estimate of cost, Exhibit"A",is to excess of Reimbursement for increased work and/or a substantial change o
$10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a
this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved
percent,the STATE shall have the option of directing the LOCAL by the STATE
AGENCY to delete all or a portion of the work covered by this
AGREEMENT from the LOCAL AGENCY's contract Except,that V
this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY
work exceeds 20 percent of the actual total contract bid price The STATE hereby grants and conveys to the LOCAL AGENCY
the right of entry upon all land which the STATE has interest,
within or adjacent to the right of way of the highway;for the
The STATE shall have five(5)working days from the date of Purpose of constructing said improvements
written notification to inform the LOCAL AGENCY to delete the Upon completion of the work outlined herein,all future operation
^•k Should the STATE_ e delete work ha P P
•• T„Tw ax�,csa its option to do a and maintenance of the STATE's facilities shall be at the.sole cost
STATE agrees,upon billing by the LOCAL AGENCY, to of the STATE and without expense to the LOCAL AGENCY
reimburse the LOCAL AGENCY for preliminary engineering costs
incurred by the LOCAL AGENCY to include the work covered by j
this AGREEMENT in the LOCAL AGENCY's contract Yh
LEGAL RELATIONS
IV No liability shall attach to the LOCAL AGENCY or the STATE by
reason of entering into this agreement except as expressly
EXTRA WORK provided herein
In the event unforeseen conditions require an increase in the cost
of 25 percent or more from that agreed to on Exhibit"A",this
AGREEMENT will be modified by supplemental AGREEMENT
covering said increase
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
BY By
Title: Title
Date
DOT Fwm 224-M7 EF
EXHIBIT "Ail
SCOPE OF WORK & ESTIMATE OF COST
SR 99
S. 272"d Street to S. 252°d Street
PRELIMINARY ENGINEERING PHASE
CITY Protect:
This agreement provides for STATE participation in the
preliminary engineering for the "South Phase" of the City of Kent's
Pacific Highway South HOV Lanes Project to widen Pacific
Highway South (SR 99) South 272"d Street and South 252"'
Street, a length of approximately 1.25 miles.
STATE Participation:
The STATE will participate in this phase of work by providing
funding for the preliminary engineering of the ACP overlay and
required safety work for the existing pavement of SR 99
Preliminary Engineering $77,000.00
The maximum amount that the STATE shall reimburse the CITY
of KENT shall not exceed the TOTAL AMOUNT AUTHORIZED as
listed for PRELIMINARY ENGINEERING work.
SR 99—S. 272""St.to S. 252"d St. GCA 3346
Exhibit"A" Sheet 1 of 1
1
f
12 .
EXHIBIT «E"
DESCRIPTION OF WORK
SR 99
S. 272"d Street to S. 252nd Street
PROJECT DESCRIPTION:
The "South Phase" of the City of Kent's Pacific Highway South
Hvv Lanes Project will widen Pacific Highway South (SR gO)
between the South 272nd Street and South 2520d Street. The
proposed project will reconstruct and widen the roadway to a curb-
to-curb width of SG feet providing northbound and southbound
high occupancy vehicle lanes adjacent to the street curb.
Improvements also include the construction of concrete curb,
gutters, and a even-fno-t-wide sidewra k. unnillary iMnrr) iom9nf8
include upgrading and interconnecting the existing traffic signals,
underground overhead utilities, construction of a new storm
drainage system, construction of new detention ponds, control of
driveway access points and drainage and illumination system
improvements
City of Kent's Total Construction Cost Estimate for South
Phase Overlay is $770,200.00
Preliminary Engineering costs - 10% of Total Construction Cost
Estimate - to be paid to the CITY by the STATE.
- II'I
SR nd 99-S. 272 St. to S. 252 nd St.
GCA 3346
Exhibit"B" Sheet 1 at 3
13
S 200TH ST - S 2DDTH ST
i
N S 212TH ST "
s 2+6TH ST I� >-
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a
CITY OF KENT
IS 4
lO/�FS RD .ao S 234TH ST {(�
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S 2401H 5T -
GREfN > 6
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SOUTH PHASES,262ND 5T 7
PROJECT LIMITS : 41 �
SOUTH 252nd ST `
TO SOUTH 272nd ST � w
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S 2607H 5T�
LK FEN'YMCX
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GCA 3346
Exhibit"B" Sheet 2 of 3
\ CITY OF KENT PACIFIC HIGHWAY SOUTH HOV LANES PROJECT FIGURE
ENDINEERIND DEPARTMENT PHASE 2 1
KENT m,,w A� VICINITY MAP
i
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I ,
Ex.HIGH VOLTAGE
TRANSMISSION LINES(PA
as easr.
LIMITS OF DOST. NGHT-9'-WAY
RIGHT-OF-WAY 7' _ 14' 11' 12' 1Y 12' 11' 14' �'
OEW HOY 58 7HRU 59 THRU RAISED Ne THRU Ne THRU HW EW
LWE LANE LANDSCAPE LANE LANE
c�iia�uVG Pvnr7T�'— MEDIAN "�'—PASMISSON
POLE iU BE I C POWER'r0[E
REMOVED
E105TING y
AERIAL
TRANS
n . O Ex.ITATER�IAIN.--- —__ WATEH 0\�IXSN7IIARY
O
i sEvk'R
NEW STORM GRAIN IX bA5 MNN ij UNDERGROUND VAULT
iARY p EXIST CONCRETE U
ENCASED TELEPHONE Ex CONCRETE TNT UTILITY
DUCTS(DEPTH VARIES) TRENCH
I NEW CA7T1T BASIN TYPICAL SECTION
(PRERRm DESIGN) - LOOKING NOVI
CURB TO CURB µ107H - BW
GCA 3346
Exhibit"B"Sheet 3 of 3 '
CITY OF KENT PACIFIC HIGHWAY SOUTH HOY LANES PROJECT
MOKECKINO MPART Mi TYPICAL ROADWAY SECTION
KENT mM V Aiuu
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone: 253-856-5500
® Fax: 253-856-6500
KENT Address: 220 Fourth Avenue S.
WASH NGTON
Kent,WA.98032-5895
DATE: November 3, 2003
TO: M White and Kent City Council
FROM: Do' ickstrom,Public Works Director
THROUGH:
SUBJECT: Boeing &Mill Creeks Restoration Improvements—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 bringing it
to full Council. In this case the final contract amount is 15.28% or $44,569.13 over the awarded
contract amount of S291,663.15.
BUDGET IMPACT: There is No Unbudgeted Fiscal Impact associated there with
BACKGROUND: These projects involved removing certain obstructions in Boeing and Mill
Creeks, installing a new fire system water main to serve the Boeing property, and installing fish
habitat structures in Mill Creek
Original Contract Amount: $291,663.15
Final Amount: $336,232.28
Overage: $ 44,569.13 (15.28%)
1. Major Bid Item Quantity Overrun
Excavation and Haul (Calculation error) $43,980
(Accounts for majority of 15% project overrun)
2. Change Orders of Lesser Significance
Abandon Existing Catch Basin $ 500
Overtime Premium for Saturday Work $600
Mayor White and Kent City Council Boeing &Mill Creeks Restorations
November 3,2003
1
Q CITY OF KENT
ENGINEERING DEPARTMENT
CONS71RUC7'ION P ROJEC7'ESTIMATE ROUTING
P ROJECT: BOEIMi Sr MILL CRENU/RESWRATIOA/IMPS
CONTRACTOR: SCIIA1FR,4S71?LICTII1?E
PAYMENT.' P,4YES7IM41- #2 -FIA14L
AMOUNT: $41,371.53
ROUTE COMES 710: (5)
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WASHINGTON
CHANGE ORDER
Date 10/27/03 Change Order No.: 2
City Project Name: BOEING &MILL CREEKS RESTORATION IMPS.
k'l Ordered by the Engineer under terms of Section 1-04.4 of the Project Specifications.
X Change proposed by the Contractor.
Endorsed by: SCI INFRASTRUCTURE,LLC
Contractor Firm Name
Signature: /
Authorized Signature Date
DESCRIPTION OF WORK AND REASON FOR CHANGE ORDER
You are ordered to perform the following described work upon receipt of an approved copy of this
Change Order or previous written authorization describing the substance of this order:
2r #001 Provide and Install Geojute Matting. Cost for this work shall be 700 SY @$2.26 per
SY for a total cost of$1,582.00. (Boeing Creek—86-3001)
Reason: Not included in original Contract. Required for Slope Stability.
Cost ...................................................................................$1,582.00
TOTAL CHANGE ORDER...................................... $1,582.00
In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications,the
Contractor accepts all requirements of this change order by signing where indicated. Further,the
Contractor;agrees to waive any protest or claim it may have regarding this change order and
acknowledges and accepts that this change order constitutes full payment and final settlement of all
claims of any kind or nature arising from or connected with any work either covered or affected by
this change order,including,without limitation,claims related to contract time,onsite or home office
overhead, or lost profits. The Contract change order, unless otherwise provided therein, does not
relieve the Contractor from strict compliance with the guarantee and warranty provisions of the
original contract,particularly those pertaining to substantial completion date.
I
i
CITY USE
Original Contract Current Contract Net Change
Amount: Amount: This Order:
$291,663.15 $305,894.57 $ 1,721.22
(inch. sales tax)
Estimated Contract Total
After Change Order:
$307,615.79
Original Contract Estimated Extension of Contract Total Extension of Contract
Time: Time Due to This Change Order: Time After This Change Order:
Days: 90 Days: 0 Days: 1
i
Total Contract
Time:
i
Days: 91 I
Approval Recommended By:�
e ign Engineer< Construction Manager
Approved by:
/oo
Public Works Director Date
D20036 /D20018co2
86-3001 / 89-3003
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
Fax: 253-856-6500
K E IV T
WASH IN G 1 0 N Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
i
DATE: November 3, 2003
TO: Mayor white and Kent City Council
FROM: Don strom,Public Works Director
SUBJECT: Interlocal Agreement with Sees Creek Water and Sewer District for Provision of
Water and Sewer Service by District Within City
MOTION: Recommend authorizing the Mayor to sign an Interlocal Agreement with Sees Creek
Water and Sewer District for provision of water and sewer service by district within the City
subject to the Public Works Director's and City Attorney's concurrence of the language therein.
SUMMARY: The Public Works Department proposes to enter into an agreement with Sees
Creek Water and Sewer District for the District to provide water and sanitary sewer service to
certain areas of the City's corporate limits (see attached map for respective service areas). The
City and the District have determined that the District can more efficiently provide water and
sanitary sewer service to the areas.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: With the Meridian annexation in 1996 , the Meridian Valley annexation in
1997 and the Demarco annexation in 2001 significant area served by Sees Creek Sewer& Water
District (District)now lies within the City's corporate limits. As shown on the attached map the
Dist portion of Kent generally lying easterly of 124tr'Ave SE
t rict provides sewer service to that
and northerly of SE 256th St and then easterly of 132nd Ave SE. With respect to water service
the District services generally easterly of 120the Ave SE and northerly of SE 2401h St. This
agreement which runs for ten years simple establishes the terms and conditions for the District
must follow per use of the City's right of ways.
Mayor White and Kent City Council Interlocal Agreement with Soos Creek Water and Sewer
October 20, 2003
1
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21
DRAFT
CITY OF KENT and SOOS CREEK WATER AND SEWER DISTRICT
INTERLOCAL AGREEMENT FOR PROVISION OF
WATER AND SEWER SERVICE BY DISTRICT WITHIN CITY
THIS AGREEMENT, made and entered into this day of
2003, by and between the CITY OF KENT, a Washington
municipal corporation, hereinafter referred to as "the City", and SOOS CREEK WATER AND
SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as "the
District", both being duly organized and existing under and by virtue of the laws of the State of
Washington,
WITNESSETH:
WHEREAS, the City and the District are public agencies authorized by law to
engage in furnishing domestic water service and sanitary sewer service, and to that end, the City
may, through the City Council, enter into franchise agreements and interlocal agreements with
respect to the rights, powers, duties, and obligations of the parties regarding the use of public
rights-of-way and other public property, the provision of services,the maintenance and operation
of facilities, the right to promulgate rules and regulations, to levy and collect special
assessments, rates, charges, service charges and connection fees, the performance of contractual
obligations and any other matters arising out of the provision of District service to areas within
the City, all pursuant to and in accordance with RCW Sections 39.34.080, 35.92.0 10,
35A.47.040, and 57.08; and
WHEREAS, the City and the District desire to enter into an interlocal agreement
which will describe the terms and conditions regarding the District's provision of service to areas
within the City; and
WHEREAS, the City and the District have determined that the District can more
efficiently provide water to that certain area of its corporate limits as described in Exhibit A; and
1 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
II
22. .
WHEREAS, the City and the District have determined that the District can more
efficiently provide sanitary sewer service to that certain area of its corporate limits as described
in Exhibit B;and
i
WHEREAS, the District has the ability and desire to provide water and sanitary
sewer service to the areas described in Exhibits'A and B,respectively;
NOW,THEREFORE:
I
i
IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION I. District Facilities Within City. The City and the District hereby
j
agree that the District, its successors and assigns, for a period of ten (10) years, commencing on
the effective date of this Agreement shall be acknowledged by the City as having a right and
privilege, subject to the City's regulatory authority, to lay down, construct, relay, connect,
replace and/or maintain such and so many pipes, conduits and mains, and all other
j
appurtenances, appendages, and facilities thereto, in, along, through, and under the avenues,
streets, lanes, alleys,highways, and other public places and ways in that portion of the Kent City
limits as specifically described in Exhibit A, attached hereto and incorporated herein,as may be
necessary, convenient and/or proper in order to provide water to the public, and for that purpose
to make any and all connections which may be necessary, convenient and/or proper, in
accordance with the terms and conditions set forth hereinafter.
The City and the District further agree that the District, its successors and assigns, for a
period of ten (10) years, commencing on the effective date of this Agreement shall be
acknowledged by the City as having a right and privilege, subject to the City's regulatory
authority, to lay down, construct, relay, connect, replace and/or maintain such and so many
pipes, conduits and mains, and all other appurtenances, appendages, and facilities thereto, in,
along, through, and under the avenues, streets, lanes, alleys, highways, and other public places
and ways in that portion of the Kent City limits as specifically described in Exhibit B, attached
2 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
23
hereto and incorporated herein, as may be necessary, convenient and/or proper in order to
ose to make any and all
provide sanitary sewer service to the public, tand/or nd for that
roper, accordance with the terms
connections which may be necessary, convenient p
and conditions set forth herein.
SEC�2• A uthoritE To Manage.Regulate,And Control Water and Sanita
_ r_ Sv�tem After the construction of the water and sanitary sewer facilities as contemplated
Sewer
in,manage, conduct
under this Agreement,the District shall have the sole responsibility to mainta
described in Exhibit A, and the sanitary
and operate its water system as installed within the area
sewer system as installed within the area described in Exhibit B, together with any additions,
extensions and betterments thereto.
SECTION 3. Authority To Fix Service Rates. The rates charged to the water
service customers within the area described in Exhibit A, and the sanitary sewer service
described in Exhibit B, shall be fixed, altered, regulated, and controlled solely by the District,
pursuant to the limitations on such authority as set forth in Ch. 57.08 RCW, or any applicable
regulations promulgated thereafter by the state on the subject of rates and charges for water and
sanitary sewer service.
SECTION 4. Non-Exclusive. The rights described in this Agreement shall not be
er service and sanitary sewer service
deemed or held to be exclusive. Except for provision of wat
to the public within the areas described in Exhibits A and B, respectively, it shall in no manner
chises of a like nature or franchises
prohibit the City from entering into other agreements or frail
for other public or private utilities, in, over, along, across, under, and upon any of the streets,
avenues, highways, alleys, or public places, or ways as herein described, and shall in no way
etc., or affect its jurisdiction
prevent or prohibit the City from using any of said streets, avenues,
all necessary changes, relocations,
over them or any part of them with full power to make
repairs, or maintenance of same as it deems fit. Finally, and without limiting the foregoing,
r service to the public within the areas
except for provision of water service and sanitary sewe
i
3 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
I
24
described in Exhibits A and B, the City also retains its fall right to operate its water utility
system and sanitary sewer system within the described areas. Nothing herein is intended to
diminish the authority of either the City or the District under applicable statutory and regulatory
authority, and any apparent limitation thereon placed by this Agreement shall be considered an
exercise by interlocal agreement of said authority.
SECTIONS. Approval of Plans. Prior to construction, repair, or maintenance of
any of the pipes, conduits, mains, facilities, and appurtenances in the area described in Section 1
herein, the District shall submit to the Director of Public Works or his designee ("Director") for
review and approval, the requested number of plan sets drawn to an accurate scale, showing the
exact location, character, position, dimension, depth, and height of the work to be done. The
plans shall accurately depict the relative position and location of all pipes, conduits, mains,
manholes, facilities, and appurtenances to be constructed, laid, re-laid, installed, replaced,
repaired, connected or disconnected, and the existing street, avenue, alley, highway,right-of-way
or property lines. All streets, avenues, highways, alleys, lanes, or ways denoted thereon shall be
designated by their names and number and the local improvements therein such as roadway
pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or
electric distribution poles, conduits, storm, gas, or water pipe lines as may exist on the ground or
area sought to be occupied shall be outlined.
In the construction proposed by the District, all materials and equipment shall be as
specified in the District's general conditions and standards and as approved by the City. The
exact class and type to be used shall be shown on the plans, as will the equipment to be used and
the mode of safeguarding and facilitating the public traffic during construction. The manner of
excavation, construction installation, backfill, and temporary traffic control measures (such as
traffic turnouts, road barricades, etc.) shall meet.with the approval of, pass all requirements of,
and be constructed in conformance with approved plans, pennit conditions, and specifications
under the inspection supervision of the Director. Prior to approval of any work under this
Agreement, the Director may require such modifications or changes, as he deems necessary to
4 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
25
properly protect the public in the use of the public places, and may fix the time or times within
and during which such work shall be done.
The District shall pay to the City such amounts as, in the judgment of the Director, are
reasonably necessary to investigate and process any plans for construction work, to inspect such
work, to secure proper field notes for location,to plot such locations on the permanent records of
the City's public works department, to supervise such work, or to inspect or re-inspect as to
maintenance, during the progress of or after the repair of, any of the initial construction
authorized by this Agreement. The City shall make its best efforts to complete all inspections in
a timely manner.
SECTION_6. Protection Of Public. Whenever an accident, faulty operation, or
excavation or fill associated with the construction, installation, maintenance or repair of the
facilities authorized under this Agreement has caused or contributed to a condition that appears
to substantially impair the structural integrity of the adjoining street or public place, or endangers
the public, and adjoining public place, street utilities or City property as determined solely by the
Director, the Director may direct the District, at its own expense, to take actions to protect the
public, adjacent public places, City property and street utilities, and may require compliance
within a prescribed time.
In the event that the District fails or refuses to take the actions directed promptly, or fails
to fully comply with such directions given by the Director, or if emergency conditions exist
which require immediate action, the City may enter upon the property and take such actions as
are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the
placing of temporary shoring, backfilling, alterations of
structural integrity thereof, including
drainage patterns and any other actions reasonably necessary to decrease the possibility of earth
movement, or actions regarded as necessary safety precautions; and the District shall be liable to
the City for the costs thereof.
SECTION 7. Repair Of Streets Sidewalks Public Places and/or City Facilities.
After construction, maintenance, or repair of the facilities authorized by this Agreement, the
5 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
26
District shall repair and restore any damaged or injured streets, avenues,highways,public places,
City facilities, or affected portions of same, to their original condition. The Director shall have .
final approval of the condition of such streets and public places after completion of construction.
SECTION 8. Indemnification. The District hereby releases, covenants not to
bring suit and agrees to indemnify, defend, and hold harmless the City, its officers, officials,
employees, agents, and representatives, from any and all claims, costs, judgments, awards, or
liability to any person, including claims by the District's own employees to which the District
might otherwise be immune under Title 51 RCW, arising from injury or death of any person or
damage to property of which the negligent acts or omissions of the District, its agents, servants,
officers, or employees in performing this franchise agreement are the proximate cause. The
District further releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers, officials, employees, agents and representatives from any and all
claims, costs,judgments, awards or liability to any person including claims by the District's own
employees, to which the District might otherwise be immune under Title 51 RCW, arising
against the City solely by virtue of the City's ownership or control of the rights-of-way or other
public properties by virtue of the District's exercise of the rights granted herein, or by virtue of
the City's permitting the District's use of the City's rights-of-way or other public property, based
upon the inspection or lack of inspection of work performed by the District, its agents, and
servants, officers, or employees in connection with work authorized on the City's property or
property over which the City has control,pursuant to this franchise agreement or pursuant to any
other permit or approval issued in connection hereto.
This covenant of indemnification shall include, but not be limited by this reference to, j
claims against the City arising as a result of the negligent acts or omissions of the District, its
agents, servants, officers, or employees in barricading or providing other warnings of any
excavation, construction, or work in any public right-of-way or other public place in
performance of work or services permitted under this franchise agreement. Inspection or
acceptance by the City of any work performed by the District at the time of completion shall not
be grounds for avoidance of any of these covenants of indemnification. Said indemnification
6 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
27
i
i
e not reduced to a suit and any claims which may be
obligations shall extend to claims which or
compromised prior to the culmination of any litigation or the institution of any litigation,
provided that the District shall not be liable to indenmify the City for any settlement of any
action or claim effective without the consent of the District, but if settled with the consent of the
District,the District shall indemnify and hold harmless the City from and against loss or liability
by reason of such settlement.The District shall be obligated to indemnify the City regardless of
whether the settlement of the action on the claim is made with the consent of the District if the
District has refused to defend the City.
In the event that the District refuses the tender of defense in any suit or claim, said tender
having been made pursuant to the indemnification clauses contained herein, and said refusal is
subsequently determined by a court having jurisdiction (or such other tribunal that the parties
shall agree to decide the matter) to have been a wrongful refusal on the part of the District, then
all of the City's costs for defense of the action, including all reasonable
the District shall pay
ity,including
expert witness fees and reasonable attorney's fees and the reasonable costs of the C
reasonable attorney's fees for recovery under this indemnification clause.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damage to property caused by or resulting from the concurrent negligence of the District and the
City, its officers, officials, employees or agents, the District's liability hereunder shall be only to
the extent of the District's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the District's waiver of immunity under Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties.
SECTION 9. Insurance. The District shall procure and maintain for the duration
of this Agreement, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the exercise of the rights, privileges and authority granted
hereunder to the District, its officers, officials, agents, or employees. The District shall provide
7 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
i
28 .
evidence satisfactory to the City of such insurance policy for its inspection prior to the adoption
of this agreement.
The insurance obtained by the District shall name the City, its officers, officials,
employees and agents as insureds with regard to activities performed by or on behalf of the
District. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officers, officials, employees or agents. In addition, the insurance policy shall
contain a clause stating that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability. The
District's insurance shall be the primary insurance as respect to the City, its officers, officials,
employees or agents. Any insurance maintained by the City, its officers, officials, employees or
agents shall be in excess of the District's insurance and shall not contribute with it.
The insurance policy or policies required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or
limits except after thirty(30) days'prior written notice by certified mail,return receipt requested,
has been given to the City. Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City, its officers,officials, employees or agents.
SECTION 10. Relocation Of Lines And Facilities The District agrees and
covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or
remove from any street or public place within the Agreement area, any of its installations when
so required by the City by reason of traffic conditions or public safety, dedications, or new
rights-of-way and the establishment and improvement thereof, freeway construction, change or
establishment of street grade, or the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity, provided that the District shall in all
such cases have the privilege to temporarily bypass, in the authorized portion of the same street
upon approval by the City, any water or sanitary sewer line or portion thereof required to be
temporarily disconnected or removed.
I
The City shall consult all as-built maps and plans filed by the District pursuant to this
Agreement or any permits authorized under this franchise, in order to determine whether the
i
8 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
i
2s
i
District has placed pipe or facilities inany area affected by a proposed City project. The City will
malce its best effort and attempt to design or redesign streets, avenues, alleys or public places or
ways, and other City utilities to minimize the impact thereof on the District's existing water and
sanitary sewer systems, including the need to require the District's facilities to be relocated.
PROVIDED HOWEVER, that the City shall make the final determination on the need for
relocation of the District's facilities.
Whenever the City determines that any of the above circumstances necessitate the
relocation of the District's then existing facilities,the City shall notify the District in writing,and
provide the District with copies of pertinent portions of the plans and specifications for such
project so that the District is able to relocate its facilities to accommodate the City's project at
least ten (10) days prior to the project's commencement. The City shall provide notice to the
District and require relocation of the facilities in a period of time that is reasonable given the
circumstances surrounding the project. The City understands that pursuant to RCW 57.08.050,
the District is required to comply with certain notice and bid procedures prior to commencement
of any construction project. Whenever practical, given the circumstances surrounding the City's
project, the City shall provide the District with sufficient notice to enable the District to comply
fully with RCW 57.08.050 without resorting to emergency powers granted therein. Upon the
District's failure to complete relocation of its installations and facilities as directed by the City,
the City may remove same at the District's expense.
If, after reviewing the as-built maps and plans submitted by the District, the City
determines that the District's pipe or facilities will not be affected by a proposed City project,no
notice shall be given to the District. The City may then commence construction and if the City
i,
finds that the District's as-built maps and plans are inaccurate through the actual discovery of
pipe and facilities in the construction area, the City shall notify the District and allow the District
twenty-four (24) hours to remove and/or relocate its pipe and facilities. However, should the
District be unable to remove and/or relocate its pipe and facilities within this twenty-four (24)
hour period after notification, the City may remove and dispose of same at the District's cost.
9 City of Kent and Soos Creek
Water and Sewer Interlocal Aereement
30
SECTION 11. Abandonment of Water Pipe Sanitary Sewer Pipe, and System
Facilities. No pipe, conduit, main, appurtenances, appendages or water and sanitary sewer
system facilities may be abandoned by the District without the express written consent of the
City. Abandonment procedures may be initiated by application of the District to the City,which
application shall detail, to the City's satisfaction, the location of all pipe or facilities to be
abandoned by providing to the City with the abandonment application current as-built drawings
showing the exact location of all pipes or facilities to be abandoned, and the procedures the
District plans to implement in order to comply with all local, state, and federal regulations
pertaining to abandonment of water and sanitary sewer pipe and facilities constructed of asbestos
cement or other materials containing asbestos. The District shall, at its sole cost and expense, and
pursuant to all local, state, and federal regulations,remove and properly dispose of all abandoned
pipes and water and sanitary sewer facilities when so directed by the City for any reason, with
cause. The District will commence the removal and disposal of the abandoned facilities within
thirty (30) calendar days, and will fully complete the removal within one hundred eighty (180)
calendar days from the date the Cityy directs the removal, unless the City agrees, in writing, to
extend the time for removal. In the event of the District's failure to fully comply with these
provisions, the District will be charged $100.00 a day for each day of the District's non-
compliance. In addition to and in clarification of the indemnity provisions in Section 8, the
District specifically shall defend, indemnify and hold the City, 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, arising out of or in connection with the abandonment
and/or removal of water and sanitary sewer pipe and facilities constructed of asbestos cement or
other material containing asbestos. In the case of street vacations, the City shall, to the extent
possible,retain and grant an easement to the District for any pipe and facilities then in use by the
District. The City shall give notice to the District of any proposed project or street vacation
requiring removal of abandoned pipe and facilities as set forth in Section 10. If the District does
not comply within the time period set by the City, the City may arrange for the removal and
proper disposal of all such pipes and facilities at the District's cost.
City of 10 Ci Kent and Soos Creek
Water and Sewer Interlocal A-reernent
i
31
i
period of installation, relocation,
SECTION 12. Excavation. During any
maintenance, or repair of the District's facilities and installations, all surface structures, if any,
such laces and positions within said public rights-of-way and other
shall be erected and used ins p
public properties so as to interfere as little as possible with the free passage of traffic and the free
use of adjoining property, and the District shall at all times post and maintain proper barricades
during such period of construction as required by state law or city ordinance.
Whenever the District shall excavate in any public right-of-way or other public property
for the purpose of installation,repair, maintenance, or relocation of its facilities, it shall apply to
the City for a permit to do so and except in the case of an emergency, shall give the City at least
three (3) working days notice thereof. In the event that emergency work is required, the District
may, without prior written notice to the City, request permits by telephone. The Director shall
grant or deny such permits by telephone, but the District shall follow-up all phone emergency
permit requests with a written application within three (3) working days of the telephone
notification to the Director. In all other cases, the City shall approve the District's applications
for permits as soon as reasonably possible. During the progress of the work,the District shall not
unnecessarily obstruct the passage or proper use of the right-or-way;and shall file maps or plans
with the City (as described in Section 5 herein) showing the proposed and final location of the
water and sanitary sewer facilities.
If either the City or the District shall at any time plan to make excavations in any area
covered by this Agreement and as described in this section, the party planning such excavation
shall afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT: (1) such joint use shall not unreasonably delay the work of the
parry causing the excavation to be made; (2) such joint use shall be arranged and accomplished
on terms and conditions satisfactory to both parties; and (3) either parry may deny such request
for.safety reasons.
Prior to commencement of any construction authorized by this franchise agreement, the
District shall reference all monuments and markers of every nature relating to subdivision plats,
iew and inspection by the City. The reference points shall
highways and all other surveys for rev
be so located that they will not be disturbed during the District's operations under this
11 City of Kent and Soos Creek
Water and Sewer Interloeal Agreement
32
Agreement. The method of referencing these monuments or other points to be referenced shall be
approved by the Director before placement. The replacement of all such monuments or markers
disturbed during construction shall be made as expeditiously as conditions permit and as directed
by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the
expense of replacement by approved monuments shall be borne by the District.
i
SECTION 13. Permits Required. This Agreement does not release the District
from any of its obligations to obtain applicable local, state, and federal permits necessary to
install,construct, operate,maintain,remove,repair,reconstruct,replace,use and inspect its water
and sanitary sewer system. The District's failure to comply with this Section 13 shall, after
j
notice and a reasonable opportunity to cure, as determined by the City in its sole discretion,
I
constitute grounds for termination of this Agreement by the City.
SECTION 14. Compliance With Laws. The District keeps itself fully infonned
of and comply with all Federal and State laws, and all municipal ordinances and regulations
which in any manner affect the work or performance of the work authorized under this
Agreement. The District shall indemnify the City, its officers, officials, agents, employees or
representatives against any claim or liability arising from or based upon the violation by the
District, its subcontractors, employees, or any person acting on behalf of the District of any laws,
i
ordinances or regulations.
i
SECTION 15. Discrimination. The District will not discriminate on the grounds
of race, creed, color, religion, national origin, sex, marital status, age or the presence of any
sensory,mental, or physical handicap. The District fully complies with RCW 49.60.
i
SECTION 16. City Construction Adiacent To District Installation, The laying,
construction, maintenance, and operation of the said District's system of water and sanitary
sewer lines,pipes, conduits, mains, etc., authorized under this Agreement shall not preclude the
City or its accredited agents and contractors from excavating, grading or doing other necessary
12 City of Rent and Soos Creek
Water and Sewer Interlocal Agreement
33
roadwork contiguous to the said District's pipe lines,provided that the District shall have forty-
eight eight (48) hours notice of said excavation, grading or road work in order that the District may
protect its line of pipe and property.
SECTION 17. ModiTcation. The City and District hereby reserve the right to
alter, amend or modify the terms and conditions of this Agreement upon written agreement of
both parties to such alteration, amendment, or modification.
SECTION IS.. Bond: The City and the District acknowledge RCW 35A.21.250.
The District shall not be required to furnish any bond before undertaking any of the work,
improvements, repair,relocation, or maintenance authorized by this Agreement.
SECTION 19. Enforcement. If the District or the City willfully violates or fails to
comply with any of the provisions of this Agreement, then the non-breaching party may elect,
without any prejudice to any of its other legal rights and remedies, to obtain an order from the
superior court having jurisdiction compelling compliance with the provisions of this Agreement
and to recover damages and costs incurred by reason of the failure to comply. If the District
through willful or unreasonable negligence fails to heed or comply with any notice given the
District under the provisions of this Agreement,then , after providing the District reasonable
notice and opportunity to cure, this Agreement may be revoked or annulled by the Council after
a hearing held upon reasonable notice to the District.
SECTION 20. Remedies to Enforce Compliance. In addition to any other
remedy provided herein, the City and the District reserve the right to pursue any remedy to
compel or force the other and/or its successors and assigns to comply with the terms hereof. The
pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a
forfeiture or revocation for breach of the conditions herein. This Agreement shall not in any way
affect the District's obligation to obtain all necessary permits and to comply with all City
13 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
34
ordinances, rules, and regulations to the extent they apply to any work or activity subject to this
Agreement.
SECTION 21. City Ordinances and Regulations. Nothing herein shall be
deemed to direct the City's ability to adopt and enforce all necessary and,appropriate ordinances
regulating the performance of the conditions of this Agreement, including any reasonable
ordinance made in the exercise of its police powers in the interest of the public safety and for the
welfare of the public. The City shall have the authority at all times to control by reasonable and
appropriate regulations the location, elevation and manner of construction and maintenance of
any water and sanitary sewer facilities by the District, and the District shall promptly conform
with all such regulations, unless compliance would cause the District to violate .other
requirements of law. Provided, however, that the City shall not compel compliance by the
District with any permitting, construction, building or restoration standard or regulation contrary
to that which would be required for the same project or activity if it was performed by the City.
SECTION 22. Cost Of Publication. The cost of publication any ordinance
adopting this Agreement shall be borne by the District.
SECTION 23. Assi ng ment. The District may not assign the rights, duties, and
obligations under this Agreement without the prior, written consent of the City, which consent
shall not be unreasonably withheld, If such consent is given for assignment, acceptance of the
assignment shall be filed by the District's successor with the City.
SECTION 24. Successors And Assigns. All the provisions, conditions,
regulations, and requirements contained in this Agreement shall be binding upon the successors
and assigns'of the District, and all privileges of the District shall inure to its successors and
assigns equally as if they were specifically mentioned herein.
14 City of Kent and Soos Creek
Water and Sewer Interlocal.Areement
so
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SECTION 25. Notice. Any notice or information required or permitted to be
given to the parties under this Agreement may be sent to the following addresses unless
otherwise specified:
CITY OF KENT SOOS CREEK WATER&SEWER
Director of Public Works DISTRICT
220 Fourth Avenue South ATTN: District Manager
Kent Washington 98032 P.O.Box 58039
Renton,Washington 98058
(253) 630-3309
(FAX)(253) 630-5289
SECTION 26. Acceptance. After the passage and approval of this Agreement by
the Kent City Council, and within sixty (60) days after such approval, this Agreement shall be
accepted by the District by its filing with the City Clerk an unconditional written acceptance
thereof. Failure to so accept within said period of time shall be deemed a rejection thereof by the
District. This Interlocal Agreement shall be processed, approved, and implemented by the City
in accordance with its procedures for the granting of franchises, except to the extent such
procedures would be contrary to the express terms hereof.
SECTION 27. Survival. All of the provisions, conditions, and requirements of
Sections 6, Protection of Public; 8, Indemnification; 10, Relocation of Lines and Facilities; and
11, Abandonment of Lines and Facilities, of this Agreement shall be in addition to any and all
other obligations and liabilities the District may have to the City at common law, by statute, or
by contract, and shall survive this Agreement's expiration for the use of the areas mentioned in
Section I herein, and any renewals or extensions thereof. All of the provisions, conditions,
regulations, and requirements contained in this Agreement shall further be binding upon the
successors and assigns of the District, and all privileges, as well as all obligations and liabilities
of the District shall inure to its successors and assigns equally as if they were specifically
mentioned wherever the District is named herein.
15 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
36
SECTION 28. Severability. If any section, sentence, clause, or phrase of this
1
Agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction,
- . such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Agreement_In the event that any of the provisions of
i
this Agreement are held to be. invalid by a court of competent jurisdiction, the City and the
District reserve the right to reconsider this Agreement and by mutual agreement may amend,
repeal, add replace or modify an other provision, or either may rescind its execution of this
P � P f1'- Y P � Y I
Agreement.
SECTION 29. Effective Date. This Agreement shall be effective on January 1,
2004.
Approved by Motion of the City Council of the CITY OF KENT,Washington, at
its regular meeting held on the day of 2003.
Approved by Resolution No. -C of the Board of Commissioners of SOOS
CREEK WATER AND SEWER DISTRICT of King County, Washington, adopted at its
regular meeting held on the day of 2003,
CITY OF KENT SOOS CREEK WATER AND
SEWER DISTRICT
JIM WHITE,MAYOR PHILIP SULLIVAN,President of Board
CLEMENT QUANRUD, Secretary
16 City of Kent and Soos Creek
Water and Sewer Interloeal Agreement
ATTEST: ATTES
T: i
BRENDA JACOBER, City Clerk RON SPEER,District Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY MICHAEL HANIS,Attorney for District
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17 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
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