HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/06/2016 (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.
June 6, 2016
4:00 p.m.
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 May 16, 2016 Meeting Minutes YES None 03 03
5. Amendment to KBA Contract for Kent for
Central Ave S Construction Project
YES Eric Connor 05 07
6.
2017 Business & Occupation List and
Residential Asphalt Overlay
YES Joe Araucto 25 13
7. 2016 Guardrail Repairs – Added Scope YES Joe Araucto 05 17
8. Amendment to the Consultant Agreement
with AECOM for Upper Mill Creek Dam
YES Stephen Lincoln 05 19
9. King County SubRegional Opportunity Fund
for Upper Mill Creek Dam
YES Stephen Lincoln 05 33
10. South 228th Street Union Pacific Grade
Separation - Connecting WA Grant
YES Mark Madfai 05 45
11. Interlocal Agreement for Milwaukee II YES Mark Madfai 10 49
12. Information Only/Complete Streets NO Lacey Jane Wolfe 10 61
13. Information Only/Vegetation Update NO Ryan Carroll/
Joe Codiga
10 71
14. Information Only/Quiet Zone Update NO Chad Bieren 05 73
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Public Works Committee Minutes
May 16, 2016
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Item 1 – Call to Order: The meeting was called to order at 4:00 p.m. by Committee
Chair, Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana Ralph
and Brenda Fincher were present.
Item 3 – Changes to the Agenda: There were no changes to the agenda.
Item 4 – Approval of Meeting Minutes Dated May 2, 2016:
Council member Fincher MOVED to approve the minutes of May 2, 2016. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 5 – 2016 Street Sweeping Contract:
Bill Thomas, Street Superintendent noted that the street sweeping contract with
McDonough and Sons, Inc. is set to expire on May 31, 2016. McDonough and Sons, Inc.
was issued a 30 day extension to continue street sweeping services through the month of
June to allow enough time to execute a 2016 Street Sweeping Contract, of which two bids
were received.
The proposed contract includes premium sweeping charges ($0.010 per lineal foot) for the
downtown core area as well as other areas that have tree lined streets. Extra call-out
charges ($55 per hour-estimated 100 hours per year) are included to address spills and
other in-house construction.
The request is for a three year contract with two (2) one (1) year extensions is the request.
Council member Ralph MOVED recommend Council authorize the Mayor to sign a
Street Sweeping Services Contract with McDonough and Sons, Inc., in an amount
not to exceed $14,500 per month plus premium services and extra call-out
charges for Street Sweeping services to the city, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion
was SECONDED by Council member Fincher and PASSED 3-0.
Item 6 – Amended 2017-2022 Six-Year Transportation Improvement Program:
Lacey Jane Wolfe, Senior Transportation Planner, noted since the May 2, 2016 Public Works
Committee meeting, the following revisions have been made to the TIP:
1. Project list and map were added.
2. Funding sources and projected sources were listed with greater specificity.
3. Edits were made to correct grammatical or typographical errors.
Committee member Fincher MOVED to recommend the Public Works Committee
forward the Draft 2017-2022 Six-Year Transportation Improvement Program
(TIP) to the full Council and recommend that Council set a date for a Public
Hearing. The motion was SECONDED by Committee member Ralph and PASSED
3-0.
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Public Works Committee Minutes
May 16, 2016
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Item 7 – East Hill Operations Center Property Encroachment:
Kent Langholz, Interim Design Engineering Manager noted that in 2000, the City purchased
approximately 22 acres of property for use as the future East Hill Operations Center (EHOC).
During site development of the property, it was subsequently discovered that an encroachment
existed along the south line of the EHOC property. The encroachment consists of a cement
concrete swimming pool, patio, large shed and fence. These improvements existed prior to the
purchase of the EHOC property located on the SE corner of SE 248th Street and 124th Ave SE.
Langholz noted that the owners of these improvements, are currently planning to sell their
property and want to resolve the encroachment issue which is approximately 7’ by 134’. The
owners have offered to purchase this area. Staff from Engineering and the Law Department has
reviewed their purchase offer and believe it is a fair and equitable amount to solve the
encroachment matter
After some discussion it was decided that this item would go under Other Business on the
Council Agenda. LaPorte noted that the proceeds from the sale will go to the East Hill Operations
Center, Property Fund.
Committee member Ralph MOVED to recommend Council authorize staff to
pursue the sale of a portion of city-owned property to Dennis and Shauna Tyler
(adjacent property owner) and authorize the Mayor to sign necessary documents
to complete the sale in an amount to be determined through negotiations with
the property owner, subject to approval of the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Fincher and PASSED
3-0.
Item 8 – Information Only/Sewer Rates:
Paul Scott, Finance Manager and Kristin Lykken, Financial Analyst presented a follow-up
proposal to the presentation that was made a few weeks ago. Scott touched on the
following items:
Projected Sewer Expenses (Major Categories) for 2016 - 2022
Projected Change in Fund Balance 2016 - 2022
Sewer Price Increase (per equivalent unit) 2017 – 2022
Existing & Projected Sewer Rate for Metro and the City
Sewer Rate Comparison (Metro services areas)
Sanitary Sewer System Map showing age of our system by location
Sanitary Sewer Replacement & Relining (Engineer’s cost estimate)
- Cherry Park (West Fenwick Park)
- Eastridge (North Meridian Park)
- Yorkshire
- Linda Heights
- South Park
Sewer Replacement Schedule in 5 year increments 2017 – 2034
For a more detailed account please go to the attached link.
http://kentwa.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2616&Format=M
inutes
INFORMATION ONLY/NO MOTION REQUIRED
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Public Works Committee Minutes
May 16, 2016
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Item 9 - Information Only/2016 Public Works Week:
Dave Brock, Public Works Operations Manager invited everyone to join us for in celebrating
Public Works Week at The ShowWare Center on Thursday, May 19, 2016 from 10:00 a.m.
to 3:00 p.m.
INFORMATION ONLY/NO MOTION REQUIRED
Item 10 - Information Only/ Information Only/Quiet Zone Update:
Chad Bieren, City Engineer noted that staff met with the Union Pacific Railroad and we are
in good shape with them; the cost per intersection will cost anywhere from $20,000 to
$200,000 depending on the amount of work needed. Bieren noted we are still unsure where
the money will come from. He stated it will most likely be from B&O funds. We are
preparing to advertise portions of the Quiet Zone project to get a better idea of the real
cost.
Bieren went on to say that we are at a point in the discussion of what do you want does the
council want us to do, all or nothing? Higgins said that the larger ticket items will need
more discussion as to where the money will come from.
Staff is putting together a bid package to extend the median paddles.
INFORMATION ONLY/NO MOTION REQUIRED
ADDED ITEM Leber Homestead:
Tim LaPorte noted that a change order for the Leber Homestead property contract with
Scarsella Brothers, Inc. has been requested, to remove the contaminated soil to Eastern
WA. This would be a no cost change order. Staff is looking into this to make sure the soil is
suitable to remove in this manner.
NO MOTION/INFORMATION ONLY
The meeting was adjourned at 5:22 p.m.
Cheryl Viseth,
Council Committee Recorder
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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: June 3, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Eric Connor, Construction Engineering Manager
Through: Tim LaPorte, P.E., Public Works Director
Through: Eric Connor, Construction Engineering Manager
Item 5: Amendment to Consultant Services Agreement with KBA, Inc. for
Central Ave S. Construction Management Project
Summary: The Central Avenue South Pavement Preservation and Utility Improvements
Project is located on Central Avenue South between Willis Street and the Green River
Bridge. This federally funded project will be completed soon.
In the summer of 2015 the City entered into an agreement with KBA, Inc. to manage
the construction of the project. This contract amendment will allow KBA additional
funding to cover additional costs for sub consultants and manage the balance of the
construction project. In addition, this will provide KBA funding necessary to prepare for,
and successfully pass, the Project Management Review (PMR) Audit that is forthcoming
from WSDOT’s Local Programs Office required by the project’s Federal Funding.
Exhibit: KBA Scope of Work and Fee Proposal
Budget Impact: Funding for this contract amendment will come from existing project
funds.
Motion: Move to recommend Council authorize the Mayor to sign an
amendment to the agreement with KBA Inc. in an amount not to exceed
$77,000 to provide additional construction management services for the
Central Avenue S. Project, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read:
Section 1, SCOPE OF WORK, is hereby changed to read:
DOT Form 140-063 EF
Revised 9/2005
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By:
Consultant Signature
By:
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Section V, PAYMENT, shall be amended as follows:
Suzette Cooke, Mayor
Supplemental Agreement
Number
Organization and Address
Project Number
Description of Work
KBA, Inc.
11201 SE 8th St., Suite 160
Bellevue, WA 98004
Additional budget needed to continue to provide Construction Management services for the project. For a
description, see Exhibit A which is attached and incorporated by this reference.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
and executed on
The Local Agency of
desires to supplement the agreement entered into with
No change.
No change.
Increase of $77,000 to cover an overrun in cost.
666,836.00
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
Central Ave. S. Pavement Preservation & Utility
Project Title New Maximum Amount Payable
Original Agreement Number
LA 8224 (425) 455-9720Phone:
the City of Kent
KBA, Inc.
8/10/2015 LA 8224and identified as Agreement No.
$
The changes to the agreement are described as follows:
II
III
Approving Authority Signature
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Date
8/10/2015 9/1/2016
Execution Date Completion Date
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EXHIBIT A
As we discussed at our May 5 meeting at your office, our request for additional budget is based on the
following bulleted items:
When we originally estimated the project duration we anticipated being on the project for roughly 9
months. Additionally, our estimate did not include any contingency, salary increases, or added time for
weather days or days added by change order. Our average anticipated monthly burn rate was just over
$60K.
It now looks like the project will take approximately 11 months to complete. Based on calculations we
made at our May 5 meeting, we agreed that it looked like roughly $105K is needed to account for the
additional time. It is also noted that the majority of the waterline inspection was done by a City
inspector. This resulted in a decrease to KBA invoices for approximately two months and resulted in a
savings in consultant costs to the City of approximately $25K ($105K ‐ $80K) – the amount of the
increase we originally requested).
Other things to consider that resulted in our request: Staheli overran their inspection budget for the
CIPP liner and Terracon has a minor overrun in materials testing.
In conclusion, a summary of our request boils down to:
Weather days
11 change order days added
Suspension of work while we wait for a paving weather window
Additional suspension of work anticipated for the roadway cure time before channelization can
be applied
I also note that our request allows for very little slippage in the remaining work.
I appreciate the opportunity to provide additional support for our request. If you need any additional
information please let me know.
Regards,
Sam
Sam Schuyler
D 425.214.5076 | C 425.772‐9729
KBA, Inc.
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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: June 2, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Joseph S. Araucto, P.E. – Pavement Manager Engineer
Through: Dave Brock, P.E., Public Works Operations Manager
Item 6: 2017 Business & Occupation and Residential Street Repair Project Lists
Summary: The majority of the 2016 Business & Occupation and Residential Street
improvements, funded from previous Council authorization, are either under construction or
under contract. Continuing improvements include the James Street pavement overlay,
Pacific Highway & James Street landscaping, 80th Avenue South pavement rehabilitation,
sidewalks, and pavement markings.
B&O Project List: For 2017 staff recommends completion of the pavement rehabilitation on
James Street between Central Avenue North and Jason Street. Work on the James Street
Pump Station is ongoing and will not likely be completed in time to complete work in this
area in 2016.
A second major endeavor is the recommended pavement replacement at the intersection of
South 212th Street and 72nd Avenue South. Staff also recommends this be repaved with
concrete due to the high truck count and the high water table in the area.
Similar to the 2016 proposal, the list includes a 4 person crew funded out of this account for
the sidewalk program. Proposed 2017 improvements include a new sidewalk on the east side
of 6th Avenue North between West Meeker and West Smith Streets.
In addition to the work performed by the 4 person crew, staff is recommending $850,000 for
further sidewalk, walking path, and ADA improvements. Included in this work is completion
of the missing link on the north side of West James Street between Russell Road and
Lakeside Boulevard. Staff recommends $200,000 for continuing the flashing yellow left turn
arrow program, $375,000 for street tree replacement/maintenance, and $300,000 to fund
the first phase of improvements required for the railroad Quiet Zone.
Motion: Approve the 2017 street improvement project lists, pay for project costs,
except as may be supplemented by grant funds or additional Council
authorization, from available Business and Occupation Tax receipts, or from solid
waste utility tax receipts for the residential street repair, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
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Residential Street Repair List: Residential streets that are planned for pavement overlay
work are listed separately on the attached sheet and map. Asphalt overlays are proposed in
the Misty Meadows, Star Lake Highlands, and Seven Oaks neighborhoods.
Exhibit: Map and list of proposed B&O funded projects; map and list of residential street –
solid waste utility tax funded projects.
Budget Impact: The B&O project list would come out of the B&O funds expected to be
collected in 2017. And any carry over amounts from previous years.
The Residential Street Repair list would come out of the solid waste utility tax revenue. The
budgeted amount is $2.7 million.
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Proposed
100,000
1,000,000
200,000
100,000
East Valley Highway - between S 196th St and S 180th St (overlay, PE match only)
S 212th St & 72nd Ave Intersection (concrete)
S 208th St - vic 92nd Ave S to 92th Ave S - snake hill (guardrail)
S 212th St - 91st Pl S (Winco) to 500 ft east - Winco Hill (guardrail)
James St - Central Ave N to Jason Ave N (concrete street)1,400,000
Contracted Projects Totals 2,800,000
Proposed
60,000
300,000
225,000
150,000
110,000
850,000
80,000
250,000
375,000
Bridge Structural Rating (Required by FHWA) (Consultant)
Lane Line Markings aka Pavement Markings (Paint and RPM's)
Thermoplastic Pavement Markings (crosswalks, stop lines, arrows, etc.)
Crack Sealing
Guardrail Repairs
Sidewalk,Walking Path and ADA Improvements
ADA Transition Plan
Crosswalk Safety Improvements (Includes Removal)
Street Tree Replacement/Maintenance
Quiet Zone Improvements 300,000
Contracted Street Services Totals 2,700,000
Proposed
Concrete Sidewalk Replacement Program 700,000
Traffic Sign Replacement 250,000
In House Street Services Totals 950,000
Proposed Street & Sidewalk: Grand Total 6,450,000
Proposed
Street light Pole Damage Replacement 100,000
Additional Street Light 200,000
Street Light Services Totals 300,000
Proposed
Traffic Loop Replacement 50,000
Traffic Signal Controller Cabinets and Signal Parts 300,000
Flashing Yellow Left Turn Arrows Phase 3 (Valley Area)200,000
-228th St Corridor - 76th Ave to Lakeside Blvd E
Signal Services Totals 550,000
Proposed Street Lights & Signals: Grand Total 850,000
Proposed
98th Ave SE - SE 240th St to 248th St 60,000
Residential Traffic Calming Measures (e.g. speed radar signs)140,000
Residential Traffic Calming Totals 200,000
Residential Traffic Calming: Grand Total 200,000
7,500,000
Residential Traffic Calming
Proposed Utilization of 2017 Business and Occupation Funds
Streets & Sidewalks
Street Lights & Signals
Total Proposed Utilization of B&O Funds in 2017
Contracted Projects
Contracted Street Services
In House Street Services
Street Light Services (for Principal Arterials and Minor Arterials Only)
Signal Services
Residential Traffic Calming
\\Pwupfpp1v\pwpublic\Public\Operations\Streets\2017 BO and Garbage Utility Fund Utilization.xlsx Revised 6/2/2016
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Proposed
Misty Meadows 800,000
Star Lake Highlands 800,000
Seven Oaks (SE 259 Pl, 117th Pl SE, SE 256 Pl) 300,000
Contracted Overlay Projects Totals 1,900,000
Proposed
SE 280th St - 121th Ave SE west to CDS @ Kent Ridge Estates 30,000
122nd Pl SE - SE 280th SE north and south to CDS @ Kent Ridge Estates 75,000
123rd Pl SE - SE 280th St north to CDS @ Kent Ridge Estates 40,000
Highridge - S 265th Pl and 99 Pl S 50,000
SE 255th Pl - 118 Ave SE to west CDS @ Teresa Terrace 20,000
SE 255th St - 118 Ave SE to east CDS @ Teresa Terrace 15,000
SE 254th St - 118 Ave SE to east CDS @ Teresa Terrace 25,000
SE 253th St - 118 Ave SE to east CDS @ Teresa Terrace 25,000
117th Pl SE - SE 254th Pl to north and south CDS T.P. @ Teresa Terrace 40,000
S 252nd Pl - SR 99 to west City Limits vic 23rd Pl S 85,000
105th Ave SE - SE 224th St to SE 222nd St 35,000
SE 217th St - 108th Ave SE to 350 ft east of 108th Ave SE 55,000
103 Pl SE - SE 222nd St to SE 220th St 35,000
118th Ave SE - SE 277th Pl to south City Limits 70,000
In-House Overlay Projects Totals 600,000
Proposed Residential Streets: Grand Total 2,500,000
. Proposed
ADA Curb Ramps and Sidewalk 200,000
ADA Upgrade Totals 200,000
Proposed Residential Sidewalks: Grand Total 200,000
2,700,000 Total Proposed Utilization of Residential Street Maintenance & Repair Funds
Contracted Overlay Projects
In-House Overlay Projects
ADA Compliance - Contracted Work
Residential Streets
Residential Sidewalks
Proposed Utilization of 2017 Residential Street Maintenance and Repair Funds
\\Pwupfpp1v\pwpublic\Public\Operations\Streets\2017 BO and Garbage Utility Fund Utilization.xlsx Revised 6/2/2016
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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: June 2, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Joseph S. Araucto, P.E. – Pavement Manager Engineer
Through: Dave Brock, P.E., Public Works Operations Manager
Item 7: 2016 Guardrail Repairs – Added Scope
Summary: Since awarding the guardrail repair contract to Peterson Brothers, Inc.
on April 19, 2016 guardrails have been damaged by errant vehicles at three
additional locations. It is imperative to have repairs made as soon as possible.
Peterson Brothers is willing to perform the additional work at the unit bid prices.
The additional locations are:
72nd Ave @ S 262nd St (outside curve)
SE 240th St about 500 ft. east of 144th Ave SE
Frager Rd S @ Meeker St (southeast corner)
Staff is pursuing restitution at two of these locations.
The original contract amount with Peterson Brothers is $80,689.22 and the additional
work will increase the contract amount to $117,787.95.
Exhibit: None
Budget Impact: Additional work will exceed the awarded contract amount by more
than 10%. The additional funds will come from currently budgeted Business &
Occupation tax revenue.
Motion: Move to recommend Council authorize the Mayor to sign a
Construction Change order with Peterson Brothers, Inc. in the
amount of $37,098.73 to repair recently damaged guardrail, subject
to the final terms and conditions acceptable to the City Attorney
and Public Works Director.
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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: June 3, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Stephen Lincoln, P.E., Environmental Engineer
Through: Michael Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., City Engineer
Item 8: Amendment to the Consultant Agreement with AECOM for Upper
Mill Creek Dam Improvements
Summary: The Upper Mill Creek Dam Improvements Project will provide flood risk
reduction to the Kent Valley. When complete, the improvements will significantly
reduce flood risk to the Downtown Business District, including Kent Station, James
Street, Smith Street, and Central Avenue areas. The improvements to the dam’s
diversion structure will also open Upper Mill Creek to re-habitation by salmon.
The City previously entered into an agreement with the URS Corporation (URS) to
design these improvements. The URS Corporation has since merged with the
AECOM Technology Corporation (AECOM). A new contract with AECOM advanced the
design to the point that permit applications could be finalized and submitted.
This contract amendment with AECOM will complete the design with construction
scheduled in 2017.
Exhibit: AECOM Amendment, Scope of Work and Fee Proposal
Budget Impact: Funding for this contract amendment will come from already
budgeted drainage utility funds and grants from the King County Flood Control
District.
Motion: Move to recommend Council authorize the Mayor to sign an
Amendment to the Consultant Services Agreement with AECOM in the
amount not to exceed $159,966.98 to provide additional design services
related to the Upper Mill Creek Dam Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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AMENDMENT - 1 OF 2
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: AECOM
CONTRACT NAME & PROJECT NUMBER: Upper Mill Creek Dam
ORIGINAL AGREEMENT DATE: September 11, 2015
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor’s work is modified as follows:
1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Provide final design, preparation of contract documents,
respond to regulatory comments and continued permit support
for the project.
2.The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$64,127.36
Net Change by Previous Amendments
including applicable WSST
$0
Current Contract Amount
including all previous amendments
$64,127.36
Current Amendment Sum $159,966.98
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $224,094.54
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AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
12/31/16
Revised Time for Completion under
prior Amendments
(insert date)
n/a
Add’l Days Required (±) for this
Amendment
365 calendar days
Revised Time for Completion
(insert date)
12/31/17
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
AECOM - Upper Mill Creek Dam Amd 1/Lincoln
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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: June 1, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Stephen Lincoln, P.E., Environmental Engineer
Through: Michael Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E. City Engineer
Item 9: King County Flood Control District Sub-Regional Opportunity
Fund for the Upper Mill Creek Dam Improvements Project
Summary: The King County Flood Control District (District) collects an annual levy
from properties within King County. Through the District’s Sub-Regional Opportunity
Fund, ten percent of the levy collected within each jurisdiction is granted back to the
jurisdiction to be used for stormwater or habitat projects.
The City has requested its portion of the Opportunity Fund be directed to the Upper
Mill Creek Dam Project in the amount of $191,079. Approval is needed by our City
Council to accept these funds for the project and establish a budget. The Upper Mill
Creek Dam Project is scheduled for construction in 2017.
Exhibit: 2016 SubRegional Opportunity Fund Application Packet
Budget Impact: The Opportunity Fund will be used to reimburse previous design
expenses on the project.
Motion: Move to recommend Council authorize the Mayor to direct staff
to accept the King County Flood Control District Sub-Regional
Opportunity Fund in the amount of $191,079 for the Upper Mill Creek
Dam Project and to establish a budget for the funds to be spent within
this project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
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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: June 2, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Item 10: South 228th Street Union Pacific Grade Separation –
Connect WA Grant
Motion: Move to recommend Council authorize the Mayor and/or
designees to sign agreements with the Washington State Department of
Transportation to obligate $15 million of Connect WA. Funds for
expenditure on the South 228th Street Union Pacific Grade Separation
Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
Summary: This project will provide a roadway overpass over the top of the Union
Pacific Railroad tracks and interurban trail on the Puget Sound Energy right of way
In October 2015 the City received notice that this project received funding through
the Connect Washington Program authorized by the legislature, in the amount of
$15 million. $13 million is available in the 2015–2017 biennium. The additional $2
million will be available in the 2017– 2019 biennium pending enacting legislation.
The funds will be administered through WSDOT Local Programs who also
administer the federal funding. Acceptance and obligation of state funds will be
authorized using Supplements to a Local Agency Agreement currently in place with
WSDOT.
Exhibit: Funding Letter dated October 9, 2015 from WSDOT
Budget Impact: Provides full funding for the project.
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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: June 3, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Item 11: Interlocal Agreement between the City of Kent and the King County
Flood Control District for the Milwaukee II Levee Project
Summary: The Milwaukee II levee is a part of the Horseshoe Bend Levee that spans
between 3rd Avenue South and the Union Pacific railroad embankment. The area is
above the 100 year flood elevation but needs additional freeboard in order to accredit
the adjacent levee and the levees downstream along the right bank of the Green River.
The Flood Control District has allocated funding to Kent for this project to make offers to
purchase property and construct levee improvements. This Interlocal Agreement (ILA)
will allow the City to proceed with an Alternatives Analysis and acquire property for the
levee project. A future ILA will be required to design and construct levee improvements.
The ILA has been modified from the version presented to the Public Works Committee
on March 21, 2016. Staff will review the modifications. The ILA was approved in the
modified form by the King County Flood Control District Board of Supervisors on May 23,
2016.
Exhibit: Interlocal Agreement
Budget Impact: The City will be reimbursed by the Flood Control District in accordance
with the ILA.
Motion: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the King County Flood Control District for the
Milwaukee II Levee project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
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482198.5 | 361395 | 0001 -1-
AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION
Milwaukee II Levee Improvement Project
River Mile 24.04 to 24.25, Right Bank
THIS AGREEMENT REGARDING ALTERNATIVES AND PROPERTY
ACQUISITION (“Agreement”) relating to the Milwaukee II Levee, River Mile 24.04 to 24.25,
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 quasi-municipal corporation of the State of Washington (“District”) (collectively,
the "Parties").
RECITALS
A. King County, Washington, through the 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 with the District, operates and maintains a major portion of
the Green River levee system.
B. The Milwaukee II 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, to enable certification and secure necessary land rights (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 24.04 to 24.25.
C. The District has included the Project in its CIP and budget, in a total amount of
$8,500,000. The Parties believe that the estimated cost and expense of planning, design,
property acquisition and construction of the Project will not exceed this total amount. The City
has agreed to construct the Project, in order to provide for the safety of residents and businesses
that are protected by the Levee. The Parties desire to construct the Project as soon as possible,
with a goal of construction in 2017.
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 cfs, plus three feet of freeboard. Before determining the
final plan for the Project, the Parties desire to prepare an analysis and study of design and
construction alternatives for the Project, and select a preferred alternative for recommendation to
the District. The Parties further intend that after the District selects a design for the Project, the
Parties will negotiate and enter into an Agreement regarding design and construction of the
Project.
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E. By Resolution No. FCD2015-07.2, adopted on July 13, 2015, the District
determined that the flood control improvements included in the Resolution generally contribute
to the objectives of the District’s comprehensive plan of development. In that Resolution, the
District also approved funding for the Project.
AGREEMENT
The Parties agree as follows:
1. Incorporation of Recitals—Scope of Agreement. All recitals above are hereby
incorporated in and ratified as part of this Agreement. This Agreement establishes the terms and
conditions for preparation of an analysis and study of design and construction alternatives for the
Project, selection of a preferred alternative, selection of a final design, and acquisition of
necessary property interests for the Project .
2. Preparation of Study of Alternatives--Selection of Preferred Alternative.
a. After consultation with the District, the City shall select a consultant to
prepare an analysis and study of alternatives for the Project (“Study”), as described
below. Prior to entering into an agreement with the consultant, the City shall provide the
proposed agreement to the District, including the scope of work. The City shall pay the
consultant, and the District shall reimburse the City for such payments pursuant to section
4 below.
b. Prior to commencement of the Study, the City shall provide to the District
a schedule for preparation and completion of the Study. The Study shall include, but not
be limited to, the following:
i. A charter (project goals, objectives and process) for the Project
substantially similar to the charter provided for in the King County Water and
Land Resources Division Project Management Manual.
ii. An analysis of at least two and perhaps three design and
construction alternatives for the Project, which consider flood protection,
toe/scour protection and certification, and which include, but not be limited to,
alignment and location of any floodwall and a comparison of the cost, benefits
and impacts of an earthen levee versus a floodwall.
iii. Criteria for analyzing, comparing and ranking each Alternative.
iv. A conceptual level cost estimate to relocate South 259th Street
landward from the riverbank, and to install salmon habitat structures and features
in the Project.
c. The Study shall assume that the maximum Project cost is $8,500,000.
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482198.5 | 361395 | 0001 -3-
d. Upon completion of a draft Study, the City shall provide a copy of the
draft Study to the District for review and comment. After District approval of the draft
Study, either as prepared by the City or as amended after review and comment by the
District, the City shall prepare the final Study. Based on the final Study, the Parties shall
rank the Alternatives using the criteria, and recommend a preferred Alternative to the
District. The District shall select the Alternative that will be used in the design of the
Project. The City shall not commence design of the Project until the District has selected
a design and has authorized the City to proceed.
3. Acquisition and Transfer of Property Interests.
a. During this Agreement, the City is authorized to acquire property interests
that are necessary for the Project under the preliminary plan for the Project, in accordance
with the terms and conditions of this section. These property interests are set forth on
Exhibit A, attached hereto and incorporated herein.
b. The property interests acquired by the City shall provide for ownership,
construction, installation, operation, maintenance, repair, replacement and removal of the
Project. If the property interest is an easement, the City shall use either the form of the
standard River Protection Easement in Reference 8P to the King County Surface Water
Design Manual, or a different form of River Protection Easement approved by the
District. If the property interest is other than an easement, the City shall use a form of
property interest document approved by the District.
c. Prior to execution or acceptance of any property interest document, the
City shall consult with the District Executive Director or designee.
d. In acquiring the real property interests, the City shall comply with all
applicable state and federal laws and regulations, including but not limited to the
following:
i. Washington State Department of Transportation Right of Way
Manual (M26.01.06).
ii. Title 23, Code of Federal Regulations.
iii. Chapters 8.04 and 8.25 RCW.
iv. Chapter 8.26 RCW and Chapter 365-24 WAC.
v. Chapter 8.140 RCW and Chapter 308-125 WAC.
e. The District shall reimburse the City for its costs and expenses of
acquiring the property interests pursuant to section 4 below.
f. The City shall take title to the right-of-way of South 259 Street between
the Union Pacific railroad and the east right-of-way edge of South 3rd Avenue.
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482198.5 | 361395 | 0001 -4-
4. Reimbursement of City Expenditures.
a. The maximum reimbursement for costs and expenses incurred by the City
for the Study and property interest acquisitions pursuant to this Agreement shall be
$3,650,000.
b. No more than once a month, the City shall submit requests for
reimbursement of City costs and expenses incurred on or after the effective date of this
Agreement pursuant to sections 2 and 3 above; provided, that for costs and expenses
incurred pursuant to section 3 above (property interests), the City shall not submit, and
the District shall not consider, any requests for reimbursement until the City has executed
or accepted a property interest document in accordance with section 3 above. The
requests shall be in a form and shall contain information and data as required by the
District. In connection with submittal of requests for reimbursement, the District may
require the City to provide a status or progress report concerning the Study or the
acquisition of property interests.
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 within thirty (30) days of receipt of a request in order to determine whether
they are reimbursable and payable under this Agreement. The District shall forward the
approved reimbursement to the City within forty-five (45) days of the City’s 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 opinion of the District, the dispute shall be resolved in
accordance with section 6 below. After resolution of the dispute, the District shall
provide reimbursement as provided in this section 4.
e. The District may postpone payment of any request for reimbursement, up
to a maximum of five percent (5%) of the request, where the City is delinquent in
submittal, preparation or completion of any document or work required by this
Agreement.
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 the District selects a
preferred Alternative or the Parties execute a design and construction Agreement, whichever
occurs first.
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482198.5 | 361395 | 0001 -5-
6. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost and expense reimbursements or payments, as
provided for in section 4 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 resort will otherwise be
had to 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 section 6.
7. 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.
8. 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 back the costs of
such removal to the City.
9. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the Project, the Study or this
Agreement. As to all other obligations under this Agreement, 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. However, if any such damages and injuries to persons or property are caused by or
result from the concurrent negligence of the District or its contractors, employees, agents, or
representatives, and 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
55
482198.5 | 361395 | 0001 -6-
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.
10. 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.
11. Entire Agreement; Amendment. This Agreement, together with Exhibit A,
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. Should any conflict exist between the terms
of this Agreement and the terms of Exhibit A, this Agreement shall control.
12. 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.
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 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:
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482198.5 | 361395 | 0001 -7-
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District:
Kjristine Lund, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: Kjris.Lund@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.
14. 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:
Suzette Cooke Reagan Dunn
Its: Mayor Its: Board Chair
DATE:__________________________ DATE:_________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Assistant City Attorney Legal Counsel
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EXHIBIT A
Property Interests that May be Acquired by City of Kent
V&S Properties and Investment
Tax Parcel Number: 000660-0017
Parcel A:
Beginning at a point on the east line of the Cavanaugh Tract and the south line of county road
which is 810.48 feet, more or less, east and 2,914.56 feet, more or less, south of the northwest
corner of Samuel W. Russell Donation Claim Number 41, Section 24, Township 22 North,
Range 4 East, W.M., in King County, Washington;
Thence south to the White River;
Thence westerly along the north bank of the White River to the easterly line of Chicago
Milwaukee St. Paul and Pacific Railroad;
Thence northerly along said easterly line to the southerly line of said county road;
Thence easterly along said road line to point of beginning.
Parcel B:
Beginning 810.48 feet east and 2,914.56 feet south of the northwest corner of Samuel W. Russell
Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in King
County, Washington;
Thence south 82.5 feet, more or less, to White River;
Thence northeasterly along river, 198 feet to the south line of county road;
Thence westerly to the Point of Beginning.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0082
That portion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington,
described as follows:
Commencing at the southeast corner of Waterman’s Acre Tracts to the Town of Kent, according
to the Plat recorded in Volume 12 of plats, page 11, in King County, Washington;
Thence south 88°02’30” west along the south line of said Plat 713.08 feet to the southerly
production of the west line of South Third Avenue, as conveyed to the City of Kent by Deed
Dated July 11, 1955, and recorded under Recording Number 4599830;
Thence south 1°55’37” East along said west line, and said west line produced, 1179.70 feet to an
angle point in the southerly line of that Tract of land conveyed to C.L. Knudsen, W.H.
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482198.5 | 361395 | 0001 -9-
Meadowcroft and Fred E. Meadowcroft by Deed dated January 27, 1956, and recorded under
Recording Number 4659959 and the True Point of Beginning;
Thence south 88°02’30” west to the east line of the Tract of land conveyed to James A.
Cavanaugh by Deed dated December 8, 1885, and recorded under Recording Number 8870;
Thence south 1°58’00” east along said east line 283.80 feet, more or less, to the north line of a
County Road, being also the south boundary of a tract of land conveyed to Ralph E. Leber and
La Vern June Leber his wife, by Deed dated February 4, 1955, and recorded under Recording
Number 4543722;
Thence in an easterly direction along the north line of said County Road south 89°17’00” east
242.10 feet, north 78°06’00” east 239.10 feet north and 87°14’00” east 330.61 feet, more or less,
to said southerly production of the west line of said south Third Avenue;
Thence north 1°55’37” west along said produced west line 249.16 feet, more or less, to the True
Point of Beginning.
59
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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: May 27, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Lacey Jane Wolfe, Senior Transportation Planner and Hayley Bonsteel,
Long Range Planner & GIS Coordinator
Through: Chad Bieren P.E., City Engineer
Item 12: Information Only/Complete Streets Ordinance
Summary: Complete Streets is a policy and design approach that requires streets to be
planned, designed, operated and maintained to enable safe, convenient and
comfortable access for all users, regardless of age or ability. Complete Streets concepts
are becoming more crucial every day for planning and transportation projects in the
region, as traffic congestion worsens, transportation costs rise and public health
initiatives strive to increase people’s activity levels. To date, more than 700 agencies at
the local, regional and state levels have adopted Complete Streets Ordinances;
adopting such an ordinance in Kent would enable the City to be more competitive for
regional funding and steer future updates to plans and standards, which would have
real impacts on implemented projects.
The City of Kent’s existing pedestrian and bicycle network consists of sidewalks,
pathways, trails, bike lanes, shared off-street paths and striped shoulders. In the past,
many sidewalks and bicycle lanes have been constructed as part of individual
development projects. This has resulted in gaps, missing connections and
inconsistencies in the design and quality of facilities.
The City has a number of strong Complete Streets-supportive policies and plans in
place, including the Transportation Master Plan (which recognizes the need to improve
connectivity and identifies a network of streets to receive bicycle and pedestrian
facilities) and the Comprehensive Plan (which has policies in land use and
transportation chapters related to improving non-motorized access and encouraging
walking and bicycling). Complete Streets policies improve safety, lower transportation
costs, provide mobility alternatives, encourage healthy activity, stimulate local
economies, contribute to economic development goals through creating a sense of
place, improve social interaction and generally improve adjacent property values.
Exhibit: Draft Complete Streets Ordinance
Budget Impact: None
No Motion Required/Information Only
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 6 of the
Kent City Code (KCC) to adopt a new chapter 6.14
pertaining to complete streets.
RECITALS
A. The Complete Streets concept promotes streets that are safe
and convenient for all users, including pedestrians, bicyclists, transit
riders, freight haulers and motor vehicle drivers of all ages and abilities.
B. Streets constitute a large portion of the public space and
should be corridors for all modes of transportation.
C. Streets that support and invite multiple uses are more
conducive to the public life and efficient movement of people than streets
designed primarily to move automobiles and freight.
D. Trends in energy and transportation costs, air quality, public
health and economic development necessitate a more comprehensive
approach to mobility.
E. The City of Kent engaged residents during the Let’s Go Kent
project in 2010, which focused on improving the walking and biking
63
network. Residents repeatedly expressed the desire for better walking and
biking options.
F. There are practical limits to the expansion of roadways in
response to traffic congestion. Promoting pedestrian, bicycle and transit
travel as an alternative to the automobile can reduce congestion, reduce
the negative environmental impacts of automobiles and also reduce
transportation costs for residents and commuters.
G. A 2007 Washington State Department of Transportation
survey found that a lack of pedestrian and bicycle infrastructure, such as
sidewalks and bicycle lanes, is a primary reason why Washington residents
do not walk or bicycle more frequently.
H. The United States Congress and the National Association of
Local Boards of Health specifically recommend Complete Streets policies as
a strategy to increase pedestrian and bicycle travel modes. Complete
Streets legislation has been adopted by the United States Department of
Transportation, numerous state transportation agencies, as well as cities
such as Seattle, Kirkland, Redmond, Portland, San Francisco, San Diego,
Boulder and Chicago. The Complete Streets concept is also supported by
the Institute of Traffic Engineers, American Planning Association, United
States Centers for Disease Control and Prevention, American Public Health
Association and many other transportation, planning and public health
professionals.
I. The City Council-adopted Strategic Plan includes a vision of a
safe, connected and beautiful city, culturally vibrant with richly diverse
urban centers. Safety and connectivity can only be achieved if all users’
needs are taken into account during planning and implementation of
roadway projects.
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J. The Comprehensive Plan and Transportation Master Plan for
the City of Kent both contain policies and goals supportive of Complete
Streets concepts, including policies to promote walking and bicycling,
policies regarding level of service for pedestrians, bicycles and transit,
policies to provide non-motorized facilities and many more.
K. Planning staff introduced Complete Streets at a regularly
scheduled Land Use and Planning Board (LUPB) workshop on May 23,
2016, and received authorization from the LUPB to draft the policy and
ordinance.
L. The City determined that due to the procedural nature of this
amendment (which includes no development regulations), neither
notification to the State nor State Environmental Policy Act review are
required.
M. Planning staff presented the draft ordinance and policy to the
LUPB at a public hearing on June 13, 2016. The LUPB moved to
recommend to the City Council adoption of the ordinance and policy as
presented by staff.
N. The Economic and Community Development Committee, at a
regularly scheduled meeting on July 11, 2016, moved to adopt the
ordinance and policy as recommended by the LUPB.
O. The full City Council, at a regularly scheduled meeting on July
19, 2016, adopted the ordinance and policy as presented by staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. – New Chapter. Title 6 of the Kent City Code is
amended by adding a new chapter 6.14 to read as follows:
Sec. 6.14.010. Vision
The City endorses the concept of Complete Streets, which promotes
roadways that are safe, convenient and attractive for all users regardless
of age and ability, including pedestrians, bicyclists, transit riders, freight
haulers and motor vehicle drivers. The vision of complete streets is a
community in which all residents and visitors can safely and efficiently use
the public right-of-way to meet their transportation needs regardless of
their preferred mode of travel.
Sec. 6.14.015. Policy
The City will plan for, design, construct, operate and maintain an
appropriate and integrated transportation system that will meet the needs
of pedestrians, bicyclists, wheelchair users, transit riders, freight haulers,
motorists, emergency responders and residents of all ages and abilities.
Transportation system facilities that support the concept of Complete
Streets include, but are not limited to pavement markings and signs, street
and sidewalk lighting, sidewalk and pedestrian safety improvements,
Americans with Disabilities Act and Title VI compliance, transit
accommodations, bicycle accommodations including signage and markings
and, as appropriate, streetscapes that appeal to and promote all modes of
travel. The system’s design will be consistent with and supportive of local
neighborhoods, recognizing that transportation needs vary and must be
balanced in a flexible, safe and cost-effective manner.
Sec. 6.14.020. Applicability
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Those involved in the planning and design of projects within the public
right of way will give consideration to all users and modes of travel from
the start of planning and design work consistent with approved plans.
Transportation system improvements shall be viewed as opportunities to
create safer, more accessible streets for all users. This shall apply to new
construction, reconstruction and rehabilitation. The City may create a
checklist that will assist in considering modes of travel in the planning and
design of transportation system improvements. Installation of ADA-
compatible ramps or other ADA-compliant improvements required for
improved accessibility are exempt from complete streets consideration, as
are ordinary maintenance activities such as mowing, sweeping, spot repair,
joint sealing, pothole filling and installation of raised pavement markers.
Sec. 6.14.110. Plans and Standards
As City plans, guidelines and standards are updated, consideration shall be
given to complete streets concepts to ensure that new regulations and
practices comply with this chapter and the latest in applicable complete
streets research and best practices. Examples of plans and standards
include, but are not limited to the Design and Construction Standards and
the Transportation Master Plan. Resources to be referenced in developing
these standards and plans shall include, but not be limited to the latest
editions of National Association of City Transportation Officials’ Urban
Street Design Guide and the Manual on Uniform Traffic Control Devices.
Sec. 6.14. 200 Exceptions
The Public Works director and the Economic and Community Development
director may jointly determine that there are exceptions to the provisions
for these facilities, in the following circumstances:
a. The project would require the accommodation of street uses
prohibited by law;
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b. The accommodation of a specific use is expected to have adverse
impacts on environmental resources such as streams, wetland
floodplains or on historic structures or sites, above and beyond
the impacts of currently existing infrastructure;
c. Topographic challenges make accommodation of a specific use
infeasible.
d. Their establishment would be contrary to public safety;
e. The cost would be excessively disproportionate to the need or
probable future use;
f. Their inclusion in a small project would create a very short
section of improvements with problematic transitions on either
end or unlikely similar improvements at either end.
Where the above exceptions allow Complete Streets facilities to be omitted
from a roadway project, the City shall consider whether bicyclists,
pedestrians, transit users and persons of all abilities can be accommodated
by nearby facilities, and strive to provide Complete Streets connections to
those facilities.
Sec. 6.14.240 Intergovernmental Cooperation
The City will cooperate with other transportation agencies including the
Washington State Department of Transportation, King County Metro and
Sound Transit to ensure the principles and practices of complete streets
are embedded within their planning, design, construction and maintenance
activities. The City will specifically cooperate to ensure the transportation
network flows seamlessly between jurisdictions in accordance with local
and regional road, transit, bicycle and pedestrian plans.
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SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage [OR five (5) days
after its publication], as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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PASSED: day of , 201__.
APPROVED: day of , 201__.
PUBLISHED: day of , 201__.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
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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: April 2, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Dave Brock, P.E., Public Works Operations Manager
Item 13: Information Only/Vegetation Update
Summary: Staff will provide an update on progress to date.
Exhibits: None
Budget Impact: None
NO MOTION REQUIRED/INFORMATION ONLY
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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: April 2, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: June 6, 2016
From: Chad Bieren, P.E., City Engineer
Item 14: Information Only/Quiet Zone Update
Summary: Staff will provide an update on progress to date.
Exhibits: None
Budget Impact: None
NO MOTION REQUIRED/INFORMATION ONLY
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