HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/13/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
February 13, 2017
4:00 p.m.
SPECIAL MEETING
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of January 23, 2017 Minutes -
Approve
YES None 03 03
5. Transportation Improvement Board (TIB)
Complete Streets Grant - Recommend
YES Lacey Jane Wolfe
Hayley Bonsteel
15 07
6. Info Only/Small Cell Site Franchise
Agreements
NO Kelly Peterson 15 15
7. Info Only/Quiet Zone Update NO Chad Bieren 10 17
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CITY OF KENT
PUBLIC WORKS COMMITTEE
Summary Minutes of Special Meeting
January 23, 2017 Kent City Hall
4:00 p.m. Council Chambers East
Kent, Washington
1. Call to Order: The meeting was called to order at 4:02 p.m., by Council President
Dennis Higgins.
2. Roll Call: Committee Chair Dennis Higgins and Committee members Dana Ralph and
Brenda Fincher were present.
ABSENT: N/A
3. Changes to the Agenda: The order of the agenda was changed slightly, all items
were heard. Item #10 was move to Item #7 with the remaining items moving down
accordingly.
4. Approval of Minutes, Dated January 9, 2017
Committee member Fincher MOVED to approve the Minutes of January 09, 2017.
The motion was SECONDED by Committee member Ralph and PASSED
5. City of Kent and Soos Creek Water & Sewer District Water Service Boundary
Adjustment - Recommend
Sean Bauer, Water System Manager noted that the City’s and the District’s exclusive water
service area boundaries should be adjusted to reflect existing service to properties provided
by either purveyor. If approved, this action will also adjust boundaries to conform to the
edges of existing lot lines, where possible, instead of bisecting existing lots. Bauer noted that
staff worked with our GIS staff and separated the lots instead of middle lines of property.
This was also done with Water District #111 and Highline Water District.
Committee member Ralph MOVED recommend Council authorize the Mayor to sign
the water service area boundary adjustment agreement between the City of Kent
and Soos Creek Water and Sewer District, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Fincher and PASSED 3-0.
6. South 228th Street Union Pacific Railroad Grade Separation Condemnation
Ordinance – Recommend
Mark Madfai, Design Engineering Supervisor noted that in order to construct an overpass
over the Union Pacific Railroad tracks at S. 228th Street, the City requires the acquisition of a
number of properties and/or property rights at or near S. 228th St.
The City hopes to acquire all of the necessary property rights through direct negotiations with
the owners. Litigated condemnation proceedings would be a last resort. So far, negotiations
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seem to be proceeding without the need for formal condemnation proceedings, and the City
is making every reasonable effort to avoid formal condemnation.
However, in order to maintain the schedule necessary to timely complete the project and
avoid the risk of grant funds expiring, condemnation proceedings may become necessary if
negotiation efforts fail. Therefore, having the condemnation ordinance and necessary
authority in place now will reduce the time required to file condemnation proceedings should
they become necessary, will keep the project on track, and will give staff more time to
continue their negotiation efforts.
Madfai noted that staff has been in contact with the property owners. Negotiations have
started with several of the properties.
Committee member Fincher MOVED recommend Council adopt an ordinance
authorizing the condemnation of property or property rights necessary to construct
the S. 228th St. Union Pacific Railroad Grade Separation Project. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
8. 7. Information Only/Transportation Sustainability
Kelly Peterson, AICP, Transportation Engineering Manager noted that the replacement value
of Kent’s traffic signal system is an estimated $50-$60 million. The system includes the traffic
signal system software, signalized intersections, loops, flashers, cameras, speed radar signs
and the communications system. A significant portion of Kent’s system is antiquated, and
some components have reached, or are reaching the end of their useful life.
Peterson further noted that the traffic signals communication system is copper. Fiber
provides a much greater band width, allowing the city to implement flashing yellow arrows,
addition of traffic cameras and to communicate with traffic signals remotely.
INFORMATION ONLY/NO MOTION REQUIRED
8. Information Only/Residential Traffic Calming Program - Update
Rob Brown, P.E., Transportation Engineer III noted that Public Works staff is currently in the
process of analyzing additional neighborhoods to see if traffic conditions warrant the
installation of traffic calming devices. On average staff receives 20-30 new concerns each
year.
INFORMATION ONLY/NO MOTION REQUIRED
10. 9. Information Only/80th Avenue South Pavement Rehabilitation
Joseph S. Araucto, P.E. – Pavement Manager Engineer noted that Council authorized a
several block section of 80th Avenue north of 196th Street to be reconstructed with concrete
pavement in 2016. This project was included in the 2016 list of projects to be funded out of
the B & O fund.
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It was noted that this project was bid in July 2016 and the bids were competitive. However,
they were higher than the engineers estimate, so the bid award was delayed to allow the
fund to accumulate additional revenue to pay for the entire endeavor rather than a shorter
length of roadway.
INFORMATION ONLY/NO MOTION REQUIRED
7. 10. Federal Grants Signing Authority Ordinance - Recommend
Chad Bieren, P.E. – Deputy Director / City Engineer noted that the Washington State
Department of Transportation Highway and Local Programs office administers federal
transportation dollars that have been awarded to municipalities throughout the state. WSDOT
has notified the City that effective December 1, 2016, federal law requires that all
reimbursement requests on federal grants must now include documentation that confirms the
person signing the reimbursement request is authorized to legally bind the agency.
In order to comply with these updated requirements and receive money for grant dispersal
requests sent after December 1, 2016, and because multiple departments receive grants
from the federal government, it is recommended that Chapter 3.70 of the Kent City Code be
updated to explicitly grant department directors authority to sign reimbursement requests
and vouchers on grants that have been awarded and accepted by the City.
Committee member Ralph MOVED to recommend Council adopt an ordinance that
amends Chapter 3.70 of the Kent City Code to clarify the signing authority granted
to department directors and the Mayor concerning contract amendments, change
orders, and grant reimbursement requests. The motion was SECONDED by
Committee member Fincher and PASSED 3-0.
11. Information Only/Quiet Zone - Update
Deputy Director / City Engineer, Chad Bieren gave a brief update on the Quiet one, noting
that channelization devices needing replacement are being designed and will be advertised
for bid this year.
INFORMATION ONLY/NO MOTION REQUIRED
11. Adjournment
At 4:22 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Cheryl Viseth,
Public Works Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 13, 2017
To: Chair Dennis Higgins and Public Works Committee Members
From: Lacey Jane Wolfe, Senior Transportation Planner
Hayley Bonsteel, Senior Long Range Planner
Through: Chad Bieren P.E., Deputy Director/City Engineer
Item 5: Transportation Improvement Board Complete Streets Grant -
Recommend
SUMMARY: The State of Washington Transportation Improvement Board has awarded
the City of Kent $250,000 from the Complete Streets Program. Awards considered the
quality of the agency’s complete streets ordinance, the level of integration of complete
streets principles in planning documents, community outreach/engagement in street
plans and projects, and both past and future projects. Kent’s application highlighted the
Meet Me on Meeker project and the city was nominated for the award by four agencies.
EXHIBIT: Washington State Transportation Improvement Board Complete Streets
Grant Agreement and Work Plan
BUDGET IMPACT: The budget impact for this grant is an increase of $250,000 in the
funding for pedestrian improvements to the intersection of West Meeker Street and 4th
Avenue.
Motion: Move to recommend the Council authorize the Mayor to sign the
Washington State Transportation Improvement Board Complete Streets
grant agreement in the amount of $250,000 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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Wash i ngton State Transpoñation I m proveme nt Board
Complete Streets Award Grant Agreement
c-P-106(001)-1
City of Kent
c-P-106(001)-1
Complete Streets Award
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
CITY OF KENT
GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement") is made and entered into between the
WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ("TlB') and CITY OF
KENT ('RECtPtENT').
WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit
of streets and roads ("Project") for eligible cities, towns, and counties to provide access to all
users, including bicyclists, pedestrians, motorists, and public transportation riders, and
WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to
ordinance 4207 and that it has the legal authority to receive such grant and to perform the
Project pursuant to the terms of this grant
NOW, THEREFORE, pursuant to chapter 47 .26 RCW, RCW 47.04.320, and WAC 479-10-500
ef seg, the above recitals that are incorporated herein as if fully set forth below, and in
consideration of the terms, conditions, and performances contained herein, and the attached
Exhibits, if any, which are made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS
1. GRANT
TIB agrees to grant funds in the amount of TWO HUNDRED FIFTY THOUSAND AND 00/100
($250,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees
to accept such grant funds and agrees to perform and be subject to the terms and conditions of
this Agreement.
2. PROJECTAND BUDGET
The Project shall provide for the retrofit of identified streets or roads on the RECIPIENT's
approved work plan. ln accordance with applicable laws and ordinances, the RECIPIENT
agrees to enter into an agreement with an independent contractor and/or material providers, or
otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces.
The RECIPIENT further agrees that it shall be solely responsible for and shall pay its
independent contractor and/or material providers. lf RECIPIENT uses its own forces, it shall be
solely responsible for paying the costs thereof. Under no circumstances shallthe TIB be
responsible to any third party for the payment of labor or materials used in completing the
Project work plan. The Project work plan may be amended by the Parties, pursuant to Section
7.
Complete Streets Grant Agreement Page 1 of5 December 2016
9
Washington
Complete
State Transportation lmprovement Board
Streets Award Grant Agreement
c-P-106(001)-1
ECT WORK PLAN AND D
The RECIPIENT agrees to and shall make reasonable progress and submit timely Project
documentation, as applicable, throughout the term of this Agreement and Project.
Required documents include, but are not limited to the following:
a) Project work plan describing eligible items with estimated costs;
b) Documentation to support all costs expended on the Project work plan; and
c) Project work plan Closeout Form.
4. PAYMENÏ AND RETURN OF GRANT FUNDS
TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and
the Parties fully execute this Agreement; provided that there are legislatively appropriated funds
available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable
account and only use said funds to pay the actual direct and related indirect costs of the
approved Project work plan. Grant funds not expended on approved Project work plan items
within three years of the date of TIB's Grant approval shall be returned to TIB within ninety
(90) days after receipt of TIB's written notification.
5. USE OF COMPLETE STREETS GRANT FUNDS
RECIPIENï agrees that the grant funds shall only be used to complete the approved Project
work plan. Othenryise, RECIPIENT is subject to the Default and Termination provisions of
Section 9.
6. RECORDS MAINTENANCE
6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence
relating to this Agreement and performance of the Project work plan, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all actual direct and
related indirect costs of any nature expended in the performance of this Agreement.
RECIPIENT shall retain such records for a period of six years after the completion of the Project
work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TlB,
these records shall be provided when requested; including materials generated under the
Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB
personnel, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
6.2 lf any litigation, claim or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the records
have been resolved.
7. REVISIONS TO THE PROJECT WORK PLAN
RECIPIENT may request revisions to the Project work plan, including the addition or removal of
items. Requests must be made in writing, and TlB, in its sole discretion, will determine whether
to accept the proposed revisions. Should the TIB approve a Project work plan revision, the
Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely
responsible for all costs incurred in excess of the Agreement grant award.
Complete Streets Grant Agreement Page 2 of 5 December 2016
10
Washington State Transportation Improvement Board
Complete Streets Award Grant Agreement
c-P-106(001)-1
8. TERM OF AGREEMENT
This Agreement shall be effective upon execution by the Parties and shall continue through
closeout of the grant amount, or amendment thereof, or unless terminated as provided herein
ln no event shall the Agreement term exceed three years, unless extended by Agreement
amendment pursuant to Section 14.
9. NON-COMPLIANCE. DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) ln the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement and applicable rules under
WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENï's
non-compliance.
b) RECIPIENT shall provide a written response within ten (10) business days of receipt
of TIB's notice of non-compliance, which shall include either a detailed plan to
correct the non-compliance, a request to amend the Project work plan,. or a denial
accompanied by supporting documentation. An agreement to amend the Project
work plan must be pursuant to Sectionl4.
c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward
compliance pursuant to its Project work plan to correct or implement an amendment
to the Project work plan.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in
its sole discretion, TIB may require the RECIPIENT to stop incurring additional
Project work plan costs during the investigation. Should TIB require the RECIPIENT
to stop incurring additional costs to be paid with the grant funds, the RECIPIENT
shall be solely obligated for paying any additional costs incurred by such suspension
of work, contractor claims, or litigation costs; such costs cannot be paid for with grant
funds.
9.2 DEFAULT
RECIPIENT is in default if TIB determines, in its sole discretion, that:
a) RECIPIENT is not making reasonable progress toward correction and compliance
with this Agreement and the Project work plan;
b) TIB denies the RECIPIENT's request to amend the Project work plan; and
c) After investigation, TIB confirms RECIPIENT'S non-compliance.
9.3 TERMINATION
a) ln the event of default as determined pursuant to Section 9, TIB shall serve
RECIPIENT with a written notice of termination of this Agreement, which may be
served in person, by email or by certified letter. Upon service of notice of termination,
the RECIPIENT shall immediately stop incurring costs chargeable against the grant
funds andior take such actions necessary as may be directed by TIB to protect TIB's
grant funds.
b) ln the event of termination, the RECIPIENT may be liable for damages as authorized
by law including, but not limited to, repayment of all grant funds.
c) The rights and remedies of TIB provided in this Agreement are not exclusive and are
in addition to any other rights and remedies provided by law.
Complete Streets Grant Agreement Page 3 of 5 December 2016
11
c-P-106(001)-1
10. DISPUTE RESOLUTION
a) The Parties shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this Agreement. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this Agreement.
b) lnformal Resolution. The Parties shall use their best efforts to resolve disputes promptly
and at the lowest organizational level.
c) ln the event that the Parties are unable to resolve the dispute, the Parties shall submit
the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The
Parties shall share equally in the costs of the mediator.
d) Each Party agrees to participate to the fullest extent possible and in good faith in
resolving the dispute in order to avoid delays or additional incurred cost to the Project
work plan.
e) The Parties agree that they shall have no right to seek relief in a court of law in
accordance with Section 11, until and unless the Dispute Resolution process has been
exhausted.
1 1. GOVERNANCE. VENUE. AND ATTORNEYS FEES
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County. The Parties agree that each Party shall be responsible for its own attorneys'
fees and costs.
12. INDEMNIFICATION. HOLD HARMLESS. AND WAIVER
12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TlB, its officers,
officials, employees, and authorized agents, while acting within the scope of their employment
as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons
and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or
omissions which may arise in connection with its performance under this Agreement.
RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim,
suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the
sole negligence of TIB; provided that, where such claims, suits, or actions result from the
concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
RECIPIENT's own negligence
12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand
and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or
authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with
respect to TIB only, any immunity that would otherwise be available to it against such claims
under the lndustrial lnsurance provisions of Title 51 RCW.
12.3 The obligations of this indemnification and waiver Section shall survive termination of
this Agreement.
13. ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TlB. The RECIPIENT is deemed to consent to
Washington
Complete
State T ra n spo rtatio n I m p rove me nt Bo a rd
Streets Award Grant Agreement
Complete Streets Grant Agreement Page 4 of 5 December 2016
12
c-P-106(001)-1
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT's other rights or obligations under this Agreement.
14. AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
INDEPEND
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TlB.
16, ENTIRE AGREEMENT
This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter
479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and
supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to
abide by all applicable federal, state and local laws, ordinances, and rules when performing
under the terms of this Agreement.
City of Kent Transportation lmprovement Board
Washington
Complete
State T ra n sportatio n I m p rove m e nt Bo a rd
Streets Award Grant Agreement
Chief Executive Officer Date Date
Print Name Print Name
Approved as to Form
By:
ANN E. SALAY
Senior Assistant Attorney General
NOTE: Any changes to the terms of this Agreement
shall require further approval of the Office of the
Attomey General
Complete Streets Grant Agreement Page 5 of 5 December 2016
13
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 13, 2017
To: Public Works Committee Members
From: Kelly Peterson, Transportation Engineering Manager
Copy: Adam Long, Assistant City Attorney and Katie Graves, Planner
Through: Chad Bieren, P.E., Deputy Director / City Engineer
Item 6: Information Only/Small Cellular Sites
SUMMARY: Smart phones and other hand held devices are capable of several
functions beyond a telephone including GPS, camera, internet and other aps that are
pushing existing cellular facilities to their limits. The next phase of technology
includes constructing small cell sites on existing utility and street light poles.
Verizon has contacted the city to request permission to install small cell sites within
the right-of-way on PSE light poles and city owned street lights. Other carriers are
expected to follow. For each carrier, depending on the location, these facilities will
be spaced every 200 to 1,000 feet.
A franchise agreement will likely be needed for work within the City right-of-way and
for any installation on city-owned street light poles. Public Works will be working
with Economic and Community Development and the Attorney’s Office on language
to be presented to the Public Works Committee.
In general, these sites will include an antenna, a small suitcase-sized cabinet
attached to the pole and communication conduit to existing cellular facilities.
EXHIBIT: None
BUDGET IMPACT: No new impact
Motion:
INFORMATION ONLY/NO ACTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: February 13, 2017
TO: Public Works Committee Members
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 7: Information Only/Railroad Issues and Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
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