HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 05/20/2019 (2)
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works A dministration at 253-856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, May 20, 2019
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of May 6, 2019 Minutes YES Chair 05 MIN.
5. ILA with King County Flood
Control District for Signature
Pointe Levee
YES Stephen Lincoln 10 MIN.
6. ILA with King County Flood
Control District for Lower Russell
Levee
YES Mike Mactutis 15 MIN.
7. Information Only/Republic
Services Proposed Price
Increases
NO Tony Donati 20 MIN.
8. Information Only/Quiet Zone
Update
NO Rob Brown 10 MIN.
Page 1 of 4
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
May 6, 2019
Date: May 6, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated April 15, 2019
MOTION: Move to approve the Minutes dated April 15, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Kent Airport Levee Grant - King County Flood Control District
Subregional Opportunity Fund - Authorize
Environmental Engineer II, Stephen Lincoln noted that the King County Flood
Control District (District) collects an annual levy from properties within King
County. Ten percent of the levy collected within each jurisdiction is granted
back to the jurisdiction to be used for stormwater or habitat projects through
the District’s Subregional Opportunity Fund.
Lincoln noted that the Kent Airport Levee is located on the left bank (south
side) of the Green River, located between SR 167 to the west, and the Union
Pacific Railroad tracks to the east. The levee protects large businesses in
manufacturing, warehouse distribution, transportation, freight, auto, and
railroad industries. The levee needs to be repaired as it currently does not
meet FEMA accreditation standards for flood protection.
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Public Works Committee CC PW Regular Meeting
Minutes
May 6, 2019
Kent, Washington
Page 2 of 4
The King County Flood Control District Subregional Opportunity fund has
allocated funds in the amount of $188,090. These funds will be used to
secure property along the river to construct the levee, and to prepare
preliminary designs.
MOTION: Authorize the Mayor to accept funds from the King County
Flood Control District Subregional Opportunity Fund in the amount of
$188,090 for the Kent Airport Levee project, to establish a budget,
and authorize expenditure of funds in accordance with the grant
terms and conditions, acceptable to the Public Works Director and
City Attorney.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/21/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
6. Lake Fenwick Aerator Retrofit Grant – King County Subregional
Opportunity Fund - Authorize
Environmental Supervisor, Matt Knox noted that Retrofitting the existing
aerator is a good fit for the Subregional Opportunity Fund grant allocation.
Knox noted that the hypolimnetic aerator that was installed in Lake Fenwick
in 1994 to help sequester phosphorus pollution and reduce the potential for
harmful algae conditions has reached its capacity level.
MOTION: Authorize the Mayor to accept the King County Flood
Control District Subregional Opportunity Fund, in the amount of
$190,352, to help fund a retrofit of the Lake Fenwick Aerator, amend
the budget, and authorize expenditure of the funds in accordance
with the grant terms and conditions acceptable to the Public Works
Director and City Attorney.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/21/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Information Only - Amendment to Consultant Services Agreement for
4th and Willis Roundabout Design with Transportation Solutions, Inc.
(TSI)
Design Engineer II, Thomas Leyrer noted that Transportation Solutions, Inc.
(TSI) is under contract to prepare the Channelization Plans for Washington
Department of Transportation (WSDOT) review and approval for the
roundabout at the intersection of 4th Avenue and Willis Street (SR 516).
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Public Works Committee CC PW Regular Meeting
Minutes
May 6, 2019
Kent, Washington
Page 3 of 4
A Contract amendment has been prepared in the amount of $59,020 to
include the design of a signal system to meter the traffic through the
roundabout to accommodate emergency operations by Puget Sound Regional
Fire Authority and Police, and the design of pedestrian activated signals for
the crosswalks.
TSI will prepare plans, specifications, and cost estimates for the proposed
signal system.
8. Information Only - Transportation Grants Update
Senior Transportation Planner, April Delchamps noted that there are multiple
grant opportunities in the next 18 months. The process to develop and
evaluate potential projects for submission has been started by staff. All grant
submissions must be consistent with local, regional and state plans and must
be in the local Transportation Improvement Program or TIP.
Delchamps noted that so far in 2019 staff have submitted four projects for
two grant opportunities, the Sound Transit System Access Fund and the
WSDOT Local Bridge Program. There are four additional grant opportunities
this year. Two from the Transportation Improvement Board or TIB and two
from WSDOT using federal Highway Safety Improvement Program or HSIP
funds. Delchamps went over the schedule with the committee. Schedules and
scoring were also discussed.
9. Information Only - 2020-2025 Transportation Improvement Program
(TIP) Update
Senior Transportation Planner, April Delchamps gave an overview of the
2020-2025 Six-Year Transportation Improvement Program (TIP). Delchamps
touched on updating the TIP and the following project changes:
· Naden Avenue Improvements
· Quiet Zone
· Meeker Frontage Improvements
· 76th Avenue South
· SE 248th St
· Willis St Shared Use Paths - Union Pacific Railroad to the 4th Ave S Roundabout
· 132nd Ave S Pedestrian Improvements (Phase III)
· S 212th St - West Valley Highway to Orillia Rd
· Meeker St and 64th Ave S - Intersection Improvements
· New Street to Support Transit Oriented Development (TOD)
· Sound Transit System Access Fund Projects
Next Steps:
· Present Draft 2025-2025 Transportation Improvement Program to PWC
· Public Works Committee Recommends Council Schedule Public Hearing
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Public Works Committee CC PW Regular Meeting
Minutes
May 6, 2019
Kent, Washington
Page 4 of 4
· City Council Schedule
· City Council Public Hearing & Adoption May 21, 2019
10. Information Only - Sidewalk Code Update
Street and Vegetation Manager, Bill Thomas noted that as staff assessed
sidewalks in 2016 and 2018, there were instances where adjacent property
owner ingress/egress/vegetation has resulted in egregious damage to the
public sidewalk. The City Code is being reviewed to verify if there is sufficient
language therein to obligate the property owner to perform restoration in
these instances. An update on the condition of the City’s sidewalk network
and corrective maintenance practices were presented to the Committee.
11. Information Only - Quiet Zone Update
Transportation Manager, Rob Brown gave a brief update on the Quiet Zone.
Union Pacific Railroad
Staff have been working with the Washington State Department of
Transportation for the ability to include Willis St (SR 516) in the UPRR quiet
zone. SR 516 is a limited access highway at the UPRR crossing and the state
owns and controls the highway. We have been pursuing two options. The first
is to have this section of SR 516 changed from limited access to managed
access which would give the City operational control of the crossing. The
second is a maintenance agreement for the signs and pavement marking
related to the railroad crossing and asking WSDOT for a letter of “No Issue”
with the establishment of the Quiet Zone.
BNSF Railway
The application to the Federal Railroad Administration (FRA) to establish a
quiet zone on the BNSF mainline was submitted on April 3, 2019. We are in
the 60-day comment period where the railroads (BNSF, Sound Transit, and
Amtrak), the Washington State Department of Transportation, and the
Washington Utilities and Transportation Commission can submit comments
related to our application before the FRA makes a determination.
Quiet Zone Timeline
Staff are also assembling a timeline for Quiet Zone actions which will be
presented at the May 20, 2019 Public Works Committee.
Cheryl Viseth
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: May 20, 2019
TO: Public Works Committee
SUBJECT: ILA with King County Flood Control District for Signature
Pointe Levee
MOTION: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement between the City of Kent and the King County Flood
Control District regarding the acquisition of property and reimbursement of
the City’s costs and expenses for the Signature Pointe Levee Project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The Signature Pointe Levee is located on the right bank of the Green
River between Washington Ave S and SR-516. The levee does not meet 100-year
FEMA Accreditation standards for flood protection and needs to be repaired. The
proposed project will include increasing the flood protection level to a 500-year
design standard.
This Interlocal Agreement (Agreement) between the City of Kent (City) and the
King County Flood Control District (District) includes provisions for the City to
purchase property to construct the levee and provides the District with easements
to operate and maintain the levee in the future. The Agreement also includes
provisions to remove structures necessary for future construction. This future work
will enable the City to accredit the levee for FEMA flood insurance purposes. The
District will reimburse the City for expenses related to the above work as described
the Agreement.
In the future, a separate Interlocal Agreement will be needed for additional
property acquisition, design, and construction of the levee.
BUDGET IMPACT: This Interlocal Agreement will provide $1,600,000 to the Project
budget. Expenses will be reimbursed by the King County Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. 5 - Exhibit - DRAFT Signature Pointe Levee ILA (PDF)
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‐1‐
DRAFT 5/7/2019 AGREEMENT REGARDING PROPERTY ACQUISITION
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT REGARDING PROPERTY ACQUISITION (“Agreement”)
related to the Signature Pointe Levee Improvement, River Mile 21.7 to 23.2, Right Bank, is
entered into on the last date signed below by and between the CITY OF KENT, a Washington
municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a
special purpose district of the State of Washington (“District”) (collectively, the "Parties").
RECITALS
A. King County, Washington, through its Water and Land Resources Division of the
King County Department of Natural Resources and Parks, as service provider to the District
pursuant to an interlocal agreement, manages, operates and maintains a major portion of the
Green River levee system.
B. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and FEMA accreditation, and secure necessary land rights
for river bank protection and other flood related works (the Levee improvement will hereafter be
referred to as the “Project”). The area of the Project is the right bank of the Green River from
River Mile 21.7 to 23.2.
C. The District has included the Project on its 2018-2023 Capital Budget Project
List, and budgeted $300,000 in its 2018 Capital Budget for an analysis of design alternatives for
the Project. The District has also included Pre-Construction Acquisition in its 2019-2024 Capital
Budget Project List, and budgeted $5,000,000 in its 2019 Capital Budget for strategic acquisition
of properties necessary to construct levee projects and reduce the risk of construction delays.
The Parties desire to construct the Project as soon as possible, with an optimistic goal of
commencing construction in the year 2021. However, before construction can commence, the
necessary property rights must first be acquired, and the existing structures removed.
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River System-Wide Improvement Framework’s provisional flood
protection goal of 500-year or 18,800 cubic feet per second (cfs), plus three feet of freeboard.
E. At the District’s request and on its behalf, the City has agreed to acquire
necessary real property and real property interests (“Real Property”) to construct the Project in
furtherance of the parties’ common interest in flood protection for Kent and the larger regional
community, and agreed to remove the structures thereon. This Real Property may include
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without limitation fee title, permanent restrictive easements, or temporary construction
easements as the Parties may agree are necessary for the Project. The Parties intend for the City
to acquire the Real Property as soon as practicable, with a goal of completing the acquisitions
provided for by this Agreement by the end of 2019, but with the understanding that this
acquisition date is not firm and may be exceeded if voluntary acquisition efforts are unsuccessful
and formal eminent domain proceedings become necessary.
AGREEMENT
The Parties agree as follows:
1. Incorporation of Recitals Definitions. All recitals above are hereby incorporated
in and ratified as part of this Agreement. The District Executive Director or designee shall have
the discretion and right to perform the functions of the District in this Agreement, unless
otherwise provided in this Agreement.
2. Acquisition and Transfer of Real Property.
a. The City shall acquire title to and interests in the real property (“Real
Property”) described in this Agreement, or such additional Real Property that the City and
District agree is necessary for public use through ownership, construction, installation, operation,
maintenance, repair, replacement and removal of the Project in accordance with this Agreement.
In acquiring Real Property, the City shall comply with the following procedures, laws, and
regulations: (i) the Washington State Department of Transportation Right of Way Manual
(M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26 RCW; (iii) Chapter 308-125 WAC; and (iv) King
County Flood Control Zone District Property Acquisition Policy approved in Resolution FCD
2016-22.2. In the event the District’s Property Acquisition Policy conflicts with a mandatory law
or regulation that applies to action being taken by the City, the mandatory law or regulation will
control over the Acquisition Policy. In acquiring Real Property, the City shall acquire the Real
Property in a size and location the City and the District agree is necessary for the Project and
public use. For each Real Property acquisition, the City (i) shall prepare and submit to the
District, prior to the commencement of the acquisition process, a schedule that includes work
tasks, task durations, and task linkages, and (ii) will communicate regularly with WLRD and the
District, providing written reports when requested by WLRD or the District.
b. The District shall approve before execution by the City all conveyance
documents proposed to acquire the Real Property from the property owners and to transfer the
Real Property to the District. Any easements granted by the City to the District shall be in the
form of the standard River Protection Easement in Reference 8P to the King County Surface
Water Design Manual, or in a different form acceptable to the District.
c. The District shall approve before expenditure by the City any individual
cost or expense that exceeds $10,000 in the City’s acquisition or transfer of Real Property
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pursuant to this Agreement. The District agrees it will reimburse the City for City’s actual costs
and expenses incurred in acquiring the Real Property and removing the structures thereon, and
that reimbursement requests will be submitted and paid in accordance with Section 4 of this
Agreement.
d. The City shall acquire fee title of the Real Property identified by the
District for acquisition which supports the Project’s goals to (i) allow for ownership,
construction, installation, operation, maintenance, repair, replacement, and removal of the
Project; (ii) allow for a continuous Green River Trail (“Recreational Trail”); and (iii) allow for a
new roadway alignment of South 251st Street between the Signature Pointe Apartments to the
west and Washington Avenue to the east (“Roadway Alignment”). After the Project is fully
constructed, the City shall grant to the District an easement over that portion of the Real Property
the District requires to own, construct, install, inspect, operate, maintain, repair, replace, and
remove the Project. As part of its regular communications with the District regarding the
acquisition of the Real Property, the City shall submit to the District background information,
appraisals, analysis and negotiations with the owner of the Real Property. The District shall
reimburse the City for acquisition of the Real Property in accordance with Section 4.
3. Removal of Structures.
a. Once the Real Property is acquired and the City has title and possession to
the Real Property, the City will hire a contractor to demolish and remove all structures on the
Real Property, including any existing septic tank, oil heating system, or other appurtenances
associated with the Real Property.
b. The City shall obtain and be responsible for all necessary local, state, and
federal permits and approvals necessary to carry out the demolition and removal work described
above, and shall fully comply with all applicable requirements and conditions thereof.
c. The District agrees it will reimburse the City for the City’s actual costs
and expenses incurred in the demolition and removal work provided for in this Section 3, and
those reimbursement requests will be submitted and paid in accordance with Section 4 of this
Agreement.
4. Reimbursement of City Expenditures – General.
a. As provided for in this Agreement, the District will reimburse the City all
costs and expenses incurred by the City to acquire or transfer the Real Property (“City Costs”)
The maximum reimbursement for City costs currently authorized through this Agreement is
$1,600,000 for the acquisition of the Real Property identified in Section 2 and the removal of
structures per Section 3. However, the parties understand that the market rate for Real Property
is in a constant state of flux and the area is currently experiencing an unprecedented increase in
property values. Therefore, the parties agree and understand that this maximum reimbursement
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amount may be insufficient to acquire the Real Property and, consequently, to fully reimburse
the City for its actual costs incurred. In the event it appears this budget amount will be
insufficient to complete the work authorized under this Agreement, the parties agree to negotiate
in good faith to amend the Project budget or redefine the Project as the parties mutually agree is
necessary. In such an event, the City’s Mayor and the District’s Executive Director are
authorized to execute an amendment to this Agreement to amend the Project budget or redefine
the Project up to an additional amount of $100,000. Any increases beyond this amount will
require an amendment to this Agreement and may require additional approval of the Kent City
Council and the King County Flood Control District’s Board of Supervisors.
b. Reimbursement requests for City Costs incurred in accordance with this
Agreement may be submitted by the City on a no more frequent basis than once a month. The
request shall be in a form and shall contain information and data as required by the District.
Upon receipt of a request for reimbursement, the District may request the City to provide a status
or progress report concerning all acquisitions of Real Property that are not the subject of the
request. The District may delay payment until receipt of this report.
c. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review and pay the reimbursement within forty-five (45) days of receipt of a request.
d. The District may postpone review of a City request for reimbursement
where all or any part of the request is inaccurate or incomplete. The District shall notify the City
of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City
shall provide all additional information or data within thirty (30) days of the District’s request for
such additional information or data. If the request is still inaccurate or incomplete in the
reasonable opinion of the District, the dispute shall be resolved in accordance with Section 10 of
this Agreement. After resolution of the dispute, the District shall provide reimbursement as
provided in this Section.
e. The District may also postpone payment of any portion of a request for
reimbursement where the City is delinquent in the submittal, preparation, or completion of any
document, work, or services required by this Agreement and related to the Real Property that is
the subject of the request for reimbursement.
f. This Section 4 pertains to information the City may need to submit to the
District with its reimbursement request for processing. However, nothing in this Section shall be
interpreted as releasing the District from any obligation to pay any just compensation, damages,
or costs ordered by a Court to be paid to a Real Property owner as a result of any eminent
domain proceeding, or the actual costs or expenses incurred by the City in acquiring the Real
Property when that cost or expense was approved by the District in accordance with Section 2.c.
or as otherwise authorized by this Agreement.
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5. Duration—Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until all terms of this
Agreement are completed or four (4) years from the effective date of this Agreement, whichever
occurs first.
6. Third Parties. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
7. Liens and Encumbrances. The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
King County or the District shall have the right to remove such lien and charge the costs of such
removal to the City. If there are pre-existing encumbrances which are required to be removed by
the City in order to construct the Project, the costs will be reimbursable by the District as
described in Section 4 of this Agreement.
8. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property, arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or the City or its contractor or employees, agents, or representatives. Each
Party’s obligation hereunder applies only to the extent of the negligence of such Party or its
contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor’s employees. This waiver has been mutually
negotiated.
9. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
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that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
10. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for
in Section 3 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non-
binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney’s fees in
connection with the dispute resolution provisions of this paragraph 10.
11. Entire Agreement; Amendment. This Agreement represents a full recitation of the
rights and responsibilities of the Parties and may be modified only in writing and upon the
consent of both Parties.
12. Binding Nature. The rights and responsibilities contained in this Agreement shall
inure to the benefit of and are binding upon the Parties and their respective successors in interest
and assigns.
13. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one (1) business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three (3) business days after the deposit thereof in the United States Mail. If
such notice is sent by electronic mail, it shall be deemed given at the time of the sender's
transmission of the electronic mail communication, unless the sender receives a response that the
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electronic mail message was undeliverable. Each such notice shall be deemed given only if
properly addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District:
Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Either Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
14. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
15. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Reagan Dunn
Its: Mayor Its: Board Chair
DATE: __________________________ DATE:________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney District Attorney
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: May 20, 2019
TO: Public Works Committee
SUBJECT: ILA with King County Flood Control District for Lower Russell
Levee
MOTION: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the King County Flood Control District for
Ownership, Construction, Operation and Maintenance of the Lower Russell
Levee and other project impacted facilities subject to final terms and
conditions acceptable to the City Attorney and Public Works Director,
including those that address punch-list items for Van Doren’s Park and
documents conveying property interests to the City’s properties.
SUMMARY: The Lower Russell Road Levee Project (Project) is located on the right
bank of the Green River between S. 212th St. and Veteran’s Drive. The landward
area is protected by the levee above the 100-year flood level, but the levee will be
set back from the river to meet federal stability requirements for levee accreditation
and a 500-year flood level. The Project, which is being managed by the King County
Flood Control District (District), includes habitat and trail improvements as well as
relocation of Van Doren’s Park in addition to the levee’s reconstruction. The Project
will reduce flood risks to residences, businesses, and properties in the Kent Valley.
The City is the majority landowner of the project area, including Van Doren’s Park
and the Green River Natural Resource Area, as well as Russell Road and the Green
River Trail. The District is paying for the project and the mitigation of the project,
while the City is providing the land for the project that it already owns or is
purchasing and being reimbursed by the District. The City and the District will each
be responsible for operation and maintenance of portions of the completed project,
and the attached ILA prescribes those project related rights and responsibilities.
Negotiations are ongoing on the Final Terms and Conditions.
BUDGET IMPACT: None, Interlocal Agreements with the King County Flood Control
District will pay for the project.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
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ATTACHMENTS:
1. ILA for Acquisition conveyance of easements design permitting construction
O&M Lower Russell Levee Setback Project (PDF)
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5/20/l9Bdits - INTERLOCAL AGREEMENT FOR ACQUISITION, CONVEYANCE OF
EASEMENTS, DESIGN, PERMITTING, CONSTRUCTION, OPERATION, AND
MAINTENANCE
Lower Russell Levee Setback Project
River MÍle 17.85 to 19.25, RÍght Bank
THIS INTERLOCAL AGREEMENT is made and entered into, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW, on the day of
2079, by and between
(City), and KING CO
the GITY oF KENT, a municipal corporation of the state of washington
TINTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of
the State of Washington (District) (collectively, the "Parties").
RECITALS
A. The District will replace the existing levee and revetment on the right bank of the
Green River from River Mile 17.85 to 19.25 (between S.2l2rh St. and S. 228th St.), commonly
referred to as the Lower Russell Road Levee, which is a key part of the Green River levee system.
The District formally approved this replacement project through Resolution No. FCD2016-10.1.
B. The replacement project will consist of a levee that is set back from the Green River
where feasible, a flood wall and scour deflectors. This project will reduce flood risk to people,
property and infrastructure, will improve riparian and aquatic habitat along the Green River, and
will integrate road, trail and park amenities.
C. By Interlocal agreement between King County and the District, the Water and Land
Resources Division of the Department of Natural Resources and Parks provides services to the
District. These services will include designing, bidding, constructing, managing, operating and
maintaining the replacement project on behalf of and at the direction of the District.
D. To accomplish the replacement project, the District must acquire real property and
real property rights, some of which will be acquired from the Green River Trail (Russell Road),
Van Doren's Park, other City park properties, and the Green River Natural Resource Area, all of
which the City has acquired or improved with City or grant funds.
E. On May 17,2018 the Parties entered into an agreement concerning the acquisition
of a portion of the KOA Campground and the Suh Properties in support of the replacement project
("Property Acquisition Agreement"). The acquisition of the Suh Properties is complete and the
acquisition of the KOA Campground property is anticipated through an exchange of a portion of
the City's Green River Natural Resource Area Property.
F. The Parties desire to entór into this Agreement to govern the design, bidding,
construction, construction management, approval and acceptance of the replacement project; to
provide generally for operation and maintenance of the replacement project after completion on
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an interim basis while the parties continue to negotiate a long term Site Management Plan; and
finally, to provide for inclusion of certain City projects in the replacement project as consideration
for the impacts the replacement project will have on recreational opportunities during construction.
AGREEMENT
1. Incorporation of Recitals. The recitals are incorporated and ratified.
2. King County as Service Provider. The City acknowledges that King County,
operating primarily through the Water and Land Resources Division of the Department of Natural
Resources and Parks, provides services to the District pursuant to an Interlocal agrcement between
the District and King County. Thus, the City acknowledges that the duties and obligations of the
District under this Agreement will be carried out or satisfied by either the District or King County.
3. Term-Effeciive Date
a. This Agreement will be effective when the second party signs.
b. The term of this Agreement shail run until the end of the maintenance and
monitoring poriod as defined in the tJS Army Corps of Engineers permit the District
obtains for the project, which is estimated to be fur ten (10) years after constn:ction
is complete.
4 Proiect Description and Specifications
Ttre project is a replacement of the existing levee on the right bank of the Green
River Green River in the City from River Mile 17.85 to 19.25 (between S. 212th St-
and S. 228th St.), commonly referred to as the Lower Russell Levee Setback Project
("Proiect"). The Project is described briefly and depieted on Exhibit A and ineludes
relocation of the existing Van Doren's Park and the construction of additional
recreational amenities as described in Section 9 below.
D
b. The height of the existing levee will be increased to achieve the Lower Green River
System-Wide Improvement Framework's provisional floodprotection goalof 0.2o/o
annual chance (500-year) or 18,800 cfs (as measured at Aubum USGS gate), plus
three (3) feet offreeboard.
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Proiect Responsibilitv and General Requirements
The District will design, bid, construct, manage, approve, accept, operate and
maintain the Prdect in accordance with all applicable laws, regulations, standards
and guidelines, including without limitation the following:
District resolutions and policies;
Landscape architecture and engineering design standards and guidance;
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iii. Terms and conditions of agreements that relate to the real property on which
the Project will be constructed;
iv. u.s. Army corps of Engineers and FEMA design guidance and standards
regarding structural design of flood protections system (levees and
floodwalls); and
Project plans and specificationsV
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b. The City will assist the District with the Project by acquiring the property under the
terms of the Property Acquisition Agreement, by conveying to the District those
property interests as provided for by this Agreement, by participating in Project
construction meetings with the District and its Contractor(s), and in other matters
as the parties may agree.
c. The District will invite the City to all construction meetings between the District
and the Contractor.
d. The District will assist the City in obtaining FEMA accreditation for the Project,
consistent with Section 18 of this Agreement.
The Dishict will provide the City with a Project schedule and construction
documents, including but not limited to drawings and specifications.
f. The District shall apply for and obtain all necessary Project permits and approvals,
and the City agrees to assist the District as the parties may agree,which may include
providing information to permitting agencies, as may be requested, concerning the
city's properties and its partnership with the District on the project.
g. The District will provide all construction administration and construction
management services, directly or through its agreement with King County, as may
be necessary to attain the parties' goal of construction completion by November
2022.
h. The District shall include in the Project construction contracts language that
indemnifies the District and the City from claims arising out of the negligent or
willful misconduct ofthe contractors and their ofÍicials, officers, employees, agents
and subcontractors; a waiver by contractors of their Title 51 RCV/ immunity; and
insurance coverage in the types and amounts sufficient to cover the risk associated
with the contractors' work that includes an endorsement extending coverage to the
City as an additional insured.
The District shall provide a copy of the Project construction contract to the City.
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j. The District shall protect in place, replace or relocate, as the parties may mutually
agree, all existing utilities on City real property if impacted by the Project.
k. Given the joint and cooperative nature of this Project, and to the extent necessary
and appropriate to accommodate the project, the City will exercise its relocation
rights under City franchise agreements to relocate any privately-owned utilities.
L The City shall have the right, but not the obligation, to inspect and observe the
construction of the Project, so long as the City's inspection and observation do not
unreasonabiy interfere with or deiay Project construction.
m. Notwithstanding the additional obligations in Sections 9 and 10 of this Agteement
concerning parks and recreation amenities and features, the District will provide
the City wittr an opportunity to review and comrnent on changes to project schedule
and coirstn-iction documents including but not limited to drawings and
specifications. The District shall consider the City's cornnnents prior to making the
final decision on changes.
n. The City will document the pavement condition of streeis to be used by the
District's contractors as haul routes and provide this document to the District prior
to the District's contractors using the haul routes. If over the course of the Project's
construction the pavement condition worsens, the District shall repair the pavement
or other damage caused to City streets by the Project's construction within a yeat
offinal acceptance.
o. The District shall require the
to provide a one-year warranty for the Project in general and a two-year warranty
for landscaping and plants of the Project. For purposes of this Agteement, "final
acceptance" means that all construction has been completed in accordance with the
plans and specifications, all punch list items have been corrected, the contractor has
submitted an application for fînal payment, the period for filing construction liens
has passed, and all retainage releases have been received'
p. Notwithstanding the specif,rc City approval requiredby Section 10, the District shall
give notice in writing to the City at least thirty (30) days prior to the District's final
acceptance of the Project, or any part thereof. TTie Districi shali considet airy
comments by the City, including punch lists, prior to final acceptance of the Project.
q. The District shall provide to the City record drawings of the Project in pdf and if
requested in Auto CAD format.
6. Acauisition of Propertv and Propertv Rights
a. The Parties agree to respectively perform their obligations under the Property
Acquisition Agreement.
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b. The District has acquired the Noble'Warehouse Property (Tax parcel 102204-9021)
and the Holiday Kennel and Gagliardi Properties (Tax parcels 102204-9016 and
10224-9027) (collectively, "District Properties").
i. The Parties acknowledge that some tenants remain and some structures
require demolition.
ii. Once the District legally removes any remaining tenants from the
properties, the District shall demolish all structures at the District's cost.
iii. Once the tenants have vacated, the structures have been removed, and the
demolition debris removed, the District will transfer title of the District
Properties to the City, subject to those restrictions imposed by a Department
of Ecology (DOE) covenant the parties negotiated with DOE conceming a
grant the District utilized to support purchase of the District Properties. A
copy of the DOE covenant is attached and incorporated as Exhibit
Once the District Properties are transferred to the City, this DOE Covenant
will be recorded against the District Properties, which will restrict the
purposes for which they may be used.
1. The parties desire to transfer title to the District Properties before
construction commences on the existing Van Doren's Park property,
but such transfer is entirely contingent on whether the tenants have
been removed from the District Properties and any existing
structures have been demolished and removed.
2. If environmental testing confirms the presence of hazardous
substances that require remedial action under Model Toxics Control
Act ("MTCA") regulations or the Department of Ecology, the
District shall undertake and complete all such remedial action as is
required by MTCA or DOE prior to its transfer of title of the
District's Properties to the City. In no event will the City accept title
to contaminated property, or undertake any clean-up responsibilities
or costs, with respect to the District Properties.
c. In exchange for the District providing replacement property and performing as this
Agreement provides, the City shall provide to the District easements or other
appropriate property rights, such as street use permits, licenses, use agreements and
franchises ("Property Rights"), on the City-owned property identified on Exhibit
B, for the purpose of design, construction, operation, maintenance, repair and
replacement of the Project, and access to the Project for such purposes. The
Property Rights documents shall be of a type, in a form and with terms and
conditions mutually acceptable to the parties. The Property Rights are as follows:
i. Levee-maintenance access over and extending 1S-feet out on both sides
oflevee base.
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Floodwall (South of PSE trail corridor) -extending 1S-feet on both sides
of new floodwall.
iii. Habitat Area A (Riverward of levee, south of S. 212th St ROW, north of
Habitat Area B and Green River Trail)- Vegetation management and
perpetual maintenance access over rock barbs and revetment scour
protection.
iv. Fiabitat Area B (V/est anci northwest of new Van Doren's Park boundary) -
Vegetation and sediment management within basin and river connecting
channel.
\/Riparian Area C (150 feet landward of River's edge (ordinary high water
mark, between rrew Van Doren's Park and S. 228th Sireet) - Vegetation
management during required permitting rnonitoring period.
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Park eonsistent with the Department of Ecology covenant as provided for in Section
6.b.iii.
e. The District's obligations and duties and the City's rights and benef,rts under this
Agreement constitute just and full compensation for the Property Rights granted by
the City to the District.
f,documents at the _C_!!ylqlqst
copies to the District.
7. Access to Properties During Construction
a. During construction, the District will provide suitable access to the City's nursery
(from the existing Russell Road or a new roadway), and maintain emergency fire
access to the TIAA-CREF buildings.
b. The District will provide access as the parties mutually agree is suitable for public
access to the FSE Con-iclor Traii and pedestrian bridge that intersects Russell Road
during Project construction. The District will maintain trail connections as long as
possible, but if the District must close the PSE Corridor Trail and pedestrian bridge,
the District will give the City thirty (30) days' advance notice of the need for that
closure and the dates for which closure is required. No closure shall occur longer
than fourteen (14) days unless the parties agree otherwise. The District will
minimize the closure to the greatest extent possible.
c. The District and City agree that it is critical to reduce the downtime of recreational
opportunities and they agree to maintain trail connections and park access as long
as possible, limiting closure to the least amount of time necessary.
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8. Deed Restrictions or Conversion Oblisations The District will provide property,
at the District's cost and expense, to replace those portions of the GRNRA property being
exchanged with the KOA Campground and used for active recreation on the relocated Van Doren's
Park, which King County has advised is inconsistent with its existing grant requirements and
requires conversion and replacement by the City.
9. Citv Additional Proiects (Citv Amenities)
a. The District has developed plans for the construction of City recreational amenities,
described on Exhibit C ("City Amenities"), in conjunction with the Project. These
recreational amenities are: a New Russell Woods trailhead; a new section of Green
River Trail; an observation tower; a wider boat launch ramp; and a regional trail
between the S. 228th Street bridge and the PSE Trail Corridor .
b. The City Amenities shall be designed and constructed, at the District's cost and
expense, in accordance with the design drawings and specifications approved by
the City.
c. The City must approve by email any change orders that modify the design, technical
specifications, function or operation of a City Amenity, including any change to
site grading or materials. If the City fails to respond to a District request to approve
a change order for a City Amenity within two (2) business days, or such longer time
as the District and City may agree, the City will be deemed to have approved the
change order.
10. Van Doren's Park
a. As part of the Project, the District shall relocate, at the District's cost and expense,
the existing Van Doren's Park by designing and constructing a replacement park as
shown on Exhibit A ("New Van Doren's Park").
b. The New Van Doren's Park shall be designed and constructed, at the District's cost
and expense, in accordance with the design drawings and specifications approved
by the City.
c. With the full involvement and cooperation with the City, the District shall plan and
design the New Van Doren's Park, to the extent agreed upon by the Parties. The
City must approve the final design, specifications and drawings of the components
of the New Van Doren's Park, and shall do so within twenty-one (21) days of
receipt of such f,rnal design, specifications and drawings from the District.
d. The District shall give written notice to the City at least sixty (60) days prior to the
District's intended final acceptance of the New Van Doren's Park. If, within this
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60 day period, the City identifies any construction that fails to conform to the plans
and specifications, or punch list items requiring correction or completion, the
District shall require the contractor to correct the nonconformity or complete the
punch list items prior to final acceptance of the New Van Doren's Park.
e. The District shall pay all costs associated with relocating and reconstructing Van
Doren's Park.
f. Following final acceptance of the New Van Doren's Park, the City shali operate,
maintain and repair the Park in accordance with City rules, regulations and policies,
and available funding.
g. The City must approve by email any change orders that modify the design, function
or operation of Van Dorenos Park, including any change to site grading or materials"
lf the City faiis to respond to a Distric'r request to approve a ehange order for Van
Doren's Park within two (2) business days, or such longer time as the District and
City may agree, the City will be deemed to have approved the change order.
11" Habitat Area A
a. The Parties agree that the future best use of Habitat Area A will be its primary
management as an off-channel backwater embayment for salmon rearing and a high
flow refuge habitat. The Parties have selected a preferred altemative for Habitat
Area A as shown and described on Exhibit D. The Parties agree that design of this
aiternative is informeci by monitoring oi se<üment iieposits anci other feasibiiity
factors.
b. The Parties must agree upon the design and construction specifications and
drawings for Habitat Area A, consistent with its future best use.
c. The District and City will seek grant funding for construction of Habitat Area A.
By seeking grant funding, the District and City do not commit to or guarantee any
future level of funding or maintenance of Habitat Area A.
12. Frager Road. If the Project causes chrannel migraiiorr, erosion ortoe scour ai Fr-ager
Road or the Frager Road trail, the District will evaluate the erosion or toe scour consistent with
District rules, regulations and policies. If the District determines that repair is necessary, the
District will prioritize the repair consistent with District rules, regulations and policies.
13. Roads. Recreational Facilities and Utilities-City Responsibilitv. Following
finai acceptance of the Project, the City shall operate, maintain and repair Russell Road, any new
roads constructed as part of the Project, and any public utilities.
14. New Agreement.During the term of this Agreement, the Parties shall negotiate
and attempt to execute a new agreement that includes the monitoring, operation, maintenance and
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repair of the Project, as well as any terms and conditions of this Agreement that will survive
expiration of this Agreement ("New Agreement").
15. Site Manasement Plan (Operation and Maintenance)
a, During the term of this Agreement, the Parties shall negotiate and attempt to agree
upon long-term rules, regulations and policies for the monitoring, operation,
maintenance and repair of the Project ("Site Management Plan").
b. If agreed upon, the Site Management Plan shall supersede applicable terms and
conditions of this Agreement.
c. If the Parties fail to agree upon a Site Management Plan before expiration of this
Agreement, the District shall monitor, operate, maintain and repair the Project areas
to which the District has property rights consistent with the current version of
District rules, regulations and policies, based on available funds.
16. Operation. Maintenance and Repair of Existing Levees and Proiect - General
a. Before and after expiration of this Agreement, the District shall monitor, operate,
maintain and repair existing levees and the Project consistent with District rules,
regulations and policies, based on available funding, except as provided otherwise
in this Agreement or in a new Agreement, as applicable.
b. The City acknowledges receipt of the District's rules, regulations and policies on
the effective date of this Agreement.
c. Before expiration of this Agreement, either the existing levee or a new levee or
floodwall shall be in place and operational throughout the Project area during each
flood season of this Agreement.
d. After final acceptance and during the term of this Agreement, the City will maintain
regional and secondary trail clear zones and adjacent vegetation in accordance with
standards agreed to by the Parties.
e. After expiration of this Agreement, the City shall operate, maintain and repair parts
of the GRNRA outside of Habitat Area B and the portion of Area A riverward of
the maintenance access corridor, as shown on Exhibit A.
f. During the term of this Agreement, the District will monitor scour conditions of the
Project, taking into account the long-term stability of the Project and the protection
of City recreation, transportation and utility infrastructure that are on the riverward
side of the Project.
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g. During the term of this Agreement, the District will consider stability problems of
and issues with the Project in accordance with District rules, regulations and
policies, and the District will take appropriate action based on available funding.
h. The District will restore any parts of the Project that are damaged by the District's
maintenance activities.
The projected Green River channel migration is shown on Exhibit E. The Cityhas
volunteered to place certain City facilities on the riverward side of the Project to
benefit the regionai flood risk reduction aspects of the Project. The District will
monitor the channel for scour and implement scour protection to prevent channel
migration (river's edge at summer low flow) from reaching the line on Exhibit E,
attached and incorporated by this reference.
77. Operation. Mainienance and Repair-- Habitat Areas A and B
a. Taking into account the ecological benefit and plant density of Habitat Areas A and
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consistent with District rules, regulations and policies, based on available funding.
On the effective date of this Agreement, these rules, regulations and policies
inelude buJ are not limited to applicable permit requirements, the Lower Russell
Levee Setback Site Management Plan, the King County Flood HazardManagement
Plan policies, the Green River System Wide Improvement Framework. and the
Lower Green River Flood Hazard Management Plan.
Specff,tce4y, t¡e Ðlqt¡lct Ëþqii-,qqqq.tl lqyasive veg-eialig¡ 1n qqqoj4q4ee w!11In
permit requirements and shall support the establishment of shade trees over time
meeting permit obligations.
c.The District shall inspect the Habitat Areas at least annually, according to permit
requirements or the approved Site Management Plan, upon acceptance. The Parties
agree that the District's monitoring, operation, maintenance and repair of the
Habitat Areas will be more frequent during the first ten years of the existence of
the Habitat Areas.
18. FEMA Accreditation
a. If the City seeks FEMA accreditation of the Project, or any portion of it, the City
shall be responsible for preparing and submitting the required documents and
information.
b. Upon request, the District will provide existing documents in support of the City's
efforts
19, Immunitv. This Agreement shall not be construed to reduce the statutory immunity
that the District, County or City enjoys regarding the provision of flood protection.
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20. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. Participation. In the event that any dispute arises between the parties as to the
interpretation or application of any term of this Agreement, or as to the validity of
any claim made by either party against the other as a result of this Agreement, and
the parties are unable to resolve the dispute through negotiations, the parties agree
to participate in a nonbinding, neutral evaluation and mediation of their dispute at
a mutually agreeable location prior to commencing legal action. Either party may
request that any dispute be submitted to neutral evaluation and mediation at any
time upon giving written notice to the other party.
b. Selection of Mediator. Upon giving notice by either party as provided above, the
parties shall attempt to select a neutral person to evaluate and mediate the dispute.
If, after thirty (30) days, the parties cannot agree on any of the persons named, or if
acceptable persons are unable to serve, or if for any reason the appointment of a
neutral person cannot be made, either party may terminate the dispute resolution
process or the parties may, by agreement, seek other means of resolution.
c. Conflicts of Interest. Each party shall promptly disclose to the other any
circumstances known by it that would cause justiflrable doubt as to the
independence or impartiality of any individual under consideration or appointed as
a neutral mediator. Any such individual shall promptly disclose such circumstances
to the parties. If any such circumstances are disclosed, the individual shall not serve
as neutral mediator unless both parties agree in writing.
d. Compensation of Mediator. The neutral mediator's charges shall be established at
the time of appointment. Unless the parties otherwise agree, the fees and expenses
of the neutral mediator shall be split equally and each party shall bear its own costs
and expenses.
Mediation Session. The mediation session is intended to provide each party with an
opportunity to present its best cause and position to the other party and the neutral
mediator and for the parties to receive opinions and recommendations from the
neutral mediator. The neutral mediator shall facilitate communications between the
parties, identify issues, and generate options for settlement. The neutral mediator
shall also discuss with each party separately the neutral mediator's opinion and
evaluation of the strengths and weaknesses of that party's position. The terms of
any settlement made by the parties as the result of the mediation shall be set out in
writing.
f. Confidentialit)¡. The dispute resolution process identified in this paragraph is a
compromise negotiation. The parties agree to maintain in confidence all offbrs,
promises, conduct, and statements, oral or written, made in the course of the
mediation by either of the parties, their agents, employees, experts, representatives
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or attorneys, or by the neutral mediator and agtee that the same shall be deemed
negotiations in pursuit of settlement and compromise and not admissible or
discoverable in subsequent legal proceedings pursuant to 'Washington Evidence
Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness,
consultant, or expert of either party.
g. Reservation of Rights. In the event that the parties are unable to resolve the dispute
through the dispute resolution process established in this paragraph, the parties
reservs any and all other rights and remedies available to each of them regarding
such dispute.
21. Third Parties. This Agreement and any activities authorized hereunder shall not
be construed as grantin g any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood darnage to any person, entity or property, and
nothing contained herein shall be constn:ed as waiving any immunity to liability to tlie City, the
District or King County, granted under state statute, including Chapters 86.12 and 86. i 5 RCW, or
as otherwise granted or provided for by law.
22. Indemnification. To the maximum extent pennitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals
and agents, fiom any and all elaims, demaads, suits, actions, fines, penalties and liability of any
kind, including injuries to persons or damages to property, arising out of or relating to any
negligent acts, effors or omissions of the indemnifying Party and its contractors, agents, employees
and representatives in performing these obligations under this Agreement, unless such damages
and injuries to persons or property are causeci by or resuit tlom the soie negiigence or wiiifui
misconduct of the District or its agç4r!s, _or rBpre q gq!g!!_vq s,or the c1!v or
its contractor or employees. agents, or representatives. Each Party's obligation hereunder applies
only to the extent of the negligence of such Party or its contractor or employees, agents, or
representatives. This indemnification provision shall not be construed as waiving any immunity
granted to the City, the District, or King County, under state statute, including chapters 86.12 and
86.15 RCV/, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only,
and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of ciaims made by the indemnitor's employees. This waiver has been mutually
negotiated.
23. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($ 1,000,000) per occurrence with an additional excess
liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party
with a certificate of insurance and additional insured endorsement that will name the other Party
as an additional insured.
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24. Miscellaneous
a. Mutual Cooperation and Good Faith. The Parties shall fully and in good faith
cooperate with each other to accomplish each of the activities provided for in this
Agreement. Should issues arise during the term of the Agreement, the parties agree
to work diligently with each other to develop mutual solutions to accomplish each
other's stated goals and objectives.
b. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in
interest and assigns.
c. Notices. Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by either Party
(collectively, "notices") shall be in writing and shall be validly given or made to the
other Party if delivered either personally or by Federal Express or other overnight
delivery service of recognized standing, or if deposited in the United States Mail,
certified, registered, or express mail with postage prepaid, or if sent by electronic
mail. If such notice is personally delivered, it shall be conclusively deemed given
at the time of such delivery. If such notice is delivered by Federal Express or other
overnight delivery service of recognized standing, it shall be deemed given one
business day after the deposit thereof with such delivery service. If such notice is
mailed as provided herein, such shall be deemed given three business days after the
deposit thereof in the United States Mail. If such notice is sent by electronic mail,
it shall be deemed given at the time of the sender's transmission of the electronic
mail communication, unless the sender receives a response that the electronic mail
message was undeliverable. Each such notice shall be deemed given only if
properly addressed to the Party to whom such notice is to be given as follows:
To City:Tim LaPorte, Public V/orks Director
Brian Levenhagen, Parks Deputy Director
220 Fourth Avenue South
Kent, V/A 98032
Phone: (253)856-5500 and (253)856-5 1 00
Email: tlaporte@KentWA.gov
bj levenhagen@kentwa. gov
and
To District:Michelle Clark, Executive Director
516 Third Avenue, Room 1200
Seattle, V/A 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty. gov
Any Party may change its address for the purpose of receiving notices as herein
provided by a written notice given in the manner aforesaid to the other Party.
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d. Mutual Release/Consideration. As part of the consideration for this Agreement, the
Parties agree to mutually release any and all claims known or unknown related to
prior, submitted reimbursement requests between the City and the District.
e. Severabilit]¡. If any provisions of this Agreement or its application are held invalid,
the remainder shall not be affected.
f. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
g. Entire Aereement. This Agreement, together with Exhibits A and B, represent a fulI
recitation of the rights and responsibilities of the Parties and may be modified only
in writing and upon the consent of both Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become
effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By:
Its:
Dana Raiph
Mayor
DATE
APPROVED AS TO FORM
Reagan Dunn
Its: Board Chair
DATE:
APPROVED AS TO FORM:
By:B
City Attorney District Attorney
909061.1 - 361395 -0001
L4
6.a
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: May 20, 2019
TO: Public Works Committee
SUBJECT: Information Only - Republic Services Proposed Price
Increases
SUMMARY:
• In accordance with the City’s solid waste contract authorized by Council in 2015,
collection rates are allowed to adjust annually for inflation. Residents and
businesses will see a small rate increase on their garbage bills starting on June
1. Residential customers can expect a 0.4% increase in their rates (before
taxes) effective June 1st.
• Due to more stringent regulations from the Department of Ecology, Cedar
Grove, where the City’s yard waste and compost is disposed of by the hauler
(Republic Services), has changed its system to produce cleaner compost. As a
result, they have increased tipping fees charged to Republic Services. Republic
Services is requesting a rate increase to offset these increased tipping fees
ranging from $0.06 to $0.63 per month ($0.19 increase per month for a resident
with a 32-gallon container). Staff are analyzing this request.
• Republic has also requested that a “Recycle Processing Surcharge” be added to
customer’s bills to offset the decreasing value of recyclable materials due to
closure of the recyclables markets in China. Staff seeks Council guidance on
whether to consider this fee as part of a contract renegotiation.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
7
Packet Pg. 30
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: May 20, 2019
TO: Public Works Committee
SUBJECT: Information Only - Quiet Zone Update
SUMMARY:
Union Pacific Railroad (UPRR)
Staff are working with the Washington State Department of Transportation for the
ability to include Willis St (SR 516) in the UPRR Quiet Zone. SR 516 is a limited
access highway at the UPRR crossing and the state owns and controls the highway.
We are pursuing two options. The first is to have this section of SR 516 changed
from limited access to managed access which would give the City operational
control of the crossing. The second is a maintenance agreement for the signs and
pavement markings related to the railroad crossing and asking WSDOT for a letter
of “no issue” with the establishment of the Quiet Zone.
BNSF Railway
The application to the Federal Railroad Administration (FRA) to establish a quiet
zone on the BNSF mainline was submitted on April 3, 2019. We are in the 60-day
comment period where the railroads (BNSF, Sound Transit, and Amtrak), the
Washington State Department of Transportation, and the Washington Utilities and
Transportation Commission can submit comments related to our application before
the FRA makes a determination.
Quiet Zone Timeline
Staff will present the history of quiet zone efforts in Kent. Staff will also present
schedules for establishing quiet zones going forward.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
ATTACHMENTS:
1. 8A - QZ Timeline BNSF (PDF)
2. 8B - QZ Timeline UPRR (PDF)
3. 8C - QZ Timeline Common to Both (PDF)
8
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FRA Train Horn Rule Issued
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
FRA Application Development
Completed duration: Estimated Duration: Minimum Realistic
Send Notice of Intent 60 days
60 days
Quiet zone established
Petition UTC for grade crossing modifications 3 mo
15 mo
Prepare construction documents and construct grade
crossing improvements
8 mo
12 mo
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4 mo
8.a
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FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
60 days
Completed duration: Estimated Duration: Minimum Realistic
Quiet zone established
15 mo
Prepare construction documents and construct grade
crossing improvements
8 mo
10 mo
Send Notice of Intent 60 days
Agreement with WSDOT for Willis crossing or access
classification change
2 mo
9 mo
Petition UTC for grade crossing modifications 3 mo
8.b
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