HomeMy WebLinkAboutCAG2019-184 - Amendment - #4 - Sound Transit - GA0274-17 Federal Way Link Extension Project Development Agreement: Minor Revision #FWLE-04 (Section 11.7/Stormwater Facility E Bypass) - 04/26/2022 MEMO T$OUNDTRANSIT
April 26, 2022
TO: City of Kent: Kelly Peterson
FROM: Sound Transit: Linneth Riley-Hall
SUBJECT: City of Kent Development Agreement—Minor Revision#FWLE-04 (Section 11.7/
Stormwater Facility E Bypass)
Sound Transit and the City of Kent agree to a minor revision of the Federal Way Link Extension ("FWLE")
Project Development Agreement (GA-0274-17) between Sound Transit and the City of Kent
("Development Agreement")to outline the responsibilities associated with the stormwater bypass around
Stormwater Facility E (a.k.a. Pond Q.
Section 9.7 of the Development Agreement, "stormwater Management," outlines conceptual designs to
manage stormwater generated at the site of the Kent Des Moines and S. 272nd Street station areas. The
parties agreed that it was critical that stormwater management systems be separate facilities, and not
commingled without written concurrence. In furthering the stormwater design for the guideway near S.
259th Street, it became clear that a bypass pipe is necessary to allow City stormwater to continue to
discharge into the existing ditch while avoiding the new Sound Transit Facility E. The Parties have agreed
to the following terms to move forward with a stormwater bypass:
1. The City of Kent will own the stormwater bypass around Stormwater Facility E and the outfall to the
existing WSDOT ditch that goes to McSorely Creek as part of its municipal stormwater system under
the Western Washington Phase II Municipal Stormwater Permit.
2. Sound Transit will maintain, repair and/or replace the bypass pipe around Stormwater Facility E as
extended for the FWLE project and be responsible for all costs related to such maintenance, repair
and/or replacement.
3. If the future WSDOT SR 509 Phase 2 requires an extension of the stormwater bypass around a new
WSDOT pond, the City of Kent agrees to own the extended bypass and outfall structure ("SR 509
bypass extension").
4. The City of Kent will not be responsible for maintenance, repair, or replacement of the stormwater
bypass and outfall structure as shown on new Exhibit M-1.
5. Sound Transit will work with WSDOT to establish responsibility for the maintenance, repair, and/or
replacement of the SR 509 bypass extension.
6. Sound Transit and the City of Kent will work with WSDOT to obtain the necessary property rights from
WSDOT for the stormwater bypass.
7. Sound Transit will not be responsible for the Western Washington Phase II Municipal Stormwater
permit obligations related to the discharge and outfall to the ditch.
8. Sound Transit and the City will develop an outline of an agreement of Sound Transit's maintenance
responsibilities prior to permit issuance for Stormwater Facility E. If the City of Kent and Sound Transit
MEMO V SouNDTRANSIT
later agree to an overarching maintenance agreement for the FWLE project, Sound Transit's
maintenance responsibilities can be included in such an agreement.
9. The conditions identified in this Minor Revision #FWLE-04 may be placed in its entirety on the civil
plans for Stormwater.
The Parties further agree that the following paragraph will be added to Section 11.7 of the Development
Agreement, Ownership, and Maintenance:
The Parties have agreed to ownership and maintenance res onsibilities associated with
the stormwater bypass around Stormwater Facility E as outlined in Minor Modification
#FWLE-04 and as depicted in Exhibit M-1.
The new Exhibit M-1 illustrating the location of the stormwater bypass pipe is attached to this Minor
Revision.
This Agreement shall be recorded in the same fashion as the Development Agreement at Sound Transit's
expense.
Please sign below to indicate agreement to this minor revision.
Digitally signed by
Linneth
Linneth Riley-Hall
202.
Riley-Hall 1Dg 37 49-OT00'6
Linneth Riley-Hall
Federal Way Link Extension Executive Project Director
Sound Transit
Hanson
Economic and Community Development Director
City of Kent
Kelly Peterson
Deputy Public Works Director—Engineering
City of Kent
Attachments
Attachment A: Exhibit M-1 Location of the stormwater bypass pipe
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Stormwater BVpass Exhibit April 21,2022
DRAFT CONCEPTUAL PLAN•SEE CITY OF KENT PERMIT FOR FINAL DRAWING
Blue=Pond E Bypass
Red=SR 509 Bypass
¢ City of Kent owns Pond E Bypass+SR 509 Bypass
Sound Transit maintains,repairs,andlor replaces Pond E Bypass
Sound Transit and/orWSDOT maintains,repairs andlor replaces SR 509 Bypass Exhibit M-1 to Kent DA Minor Amendment 4
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ISSUED FOR CONSTRUCTION , E [ F200 FEDERAL WAY LINK EXTENSION
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