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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/06/2016 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana 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 1 This page intentionally left blank 2 Public Works Committee Minutes May 16, 2016 1 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. 3 Public Works Committee Minutes May 16, 2016 2 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 4 Public Works Committee Minutes May 16, 2016 3 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 5 This page intentionally left blank 6 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. 7 This page intentionally left blank 8 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: I 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 3 Date 8/10/2015 9/1/2016 Execution Date Completion Date 9 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.     10 11 This page intentionally left blank 12 Page | 1 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. 13 Page | 2 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. 14 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 15 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 16 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. 17 This page intentionally left blank 18 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. 19 This page intentionally left blank 20 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 21 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 22 23 24 25 26 27 28 29 30 31 32 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. 33 This page intentionally left blank 34 35 36 37 38 39 40 41 42 43 44 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. 45 This page intentionally left blank 46 47 48 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. 49 This page intentionally left blank 50 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. 51 482198.5 | 361395 | 0001 -2- 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. 52 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. 53 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. 54 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: 56 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 57 482198.5 | 361395 | 0001 -8- 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. 58 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 T. L . 0 0 0 6 6 0 - 0 0 8 3 HE A V Y E Q U I P M E N T VE N T U R E S I N C . T. L . 0 0 0 6 6 0 - 0 1 0 2 AL L A N F A M I L Y L L C . T. L . 0 0 0 6 6 0 - 0 0 2 8 PU G E T S O U N D EN E R G Y / E L E C T. L . 0 0 0 6 6 0 - 0 0 2 9 UN I O N P A C I F I C RA I L R O A D T. L . 0 0 0 6 6 0 - 0 0 8 2 AM R I K C O M M E R C I A L RE N T A L S L L C T. L . 0 0 0 6 6 0 - 0 1 0 2 AL L A N F A M I L Y L L C . PA R T I A L T A K E T. L . 0 0 0 6 6 0 - 0 0 1 7 V& S P R O P E R T I E S A N D IN V E S T M E N T IM P O R T A N T : T h i s i s n o t a S u r v e y . I t i s f u r n i s h e d a s a co n v e n i e n c e t o l o c a t e t h e l a n d i n d i c a t e d h e r e o n w i t h re f e r e n c e t o s t r e e t s a n d o t h e r l a n d . N o l i a b i l i t y i s as s u m e d b y r e a s o n o f r e l i a n c e h e r e o n . G: \ D e s i g n \ 0 9 - 3 0 0 5 M I L W A U K E E L E V E E \ D W G \ F I G U R A F O R I L A 2 . d w g , 3 / 1 7 / 2 0 1 6 1 : 1 2 : 2 2 P M 60 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 61 This page intentionally left blank 62 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. 64 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: 65 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 66 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; 67 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. 68 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 69 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 70 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 71 This page intentionally left blank 72 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 73