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Home My WebLink AboutCity Council Meeting - Council - Agenda - 02/21/2006 • • • A , • • • • • • • • • • City of Kent City Council Meeting • Agenda • February 21 , 2006 • • Mayor Suzette Cooke r Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee • Ron Harmon Les Thomas • Bob O'Brien Elizabeth Watson • • • • K ENT • W A S H I N G?O N • City Clerk's Office • • • KENT CITY COUNCIL AGENDAS • KEN T February 21, 2006 . WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description S eaker Time 1. Records Management Sue Hanson, Records Administrator 30 min 2. Legislative Update Doug Levy 15 min i • COUNCIL MEETING AGENDA . 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF i B. FROM THE PUBLIC— Citizens may request that an item be added to the ' agenda at this time. Please stand or raise your hand to be recognized by the • Mayor. 4. PUBLIC COMMUNICATIONS A. Kent Arts Commission 2006 Funding Recipients B. 2005 Green Business of the Year Award Presentation 5. PUBLIC HEARINGS None . 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. Olympic Environmental Resources Consultant Contract—Authorize • D. King County Waste Reduction and Recycling Grant Program—Authorize • E. Washington State Department of Ecology Coordinated Prevention Grant— Authorize i (Continued on Back) i i COUNCIL MEETING AGENDA CONTINUED !/ F. Seattle & King County Local Hazardous Waste Management Program— Authorize . G. Rock Creek Habitat Conservation Plan Budget—Authorize H. Excused Absence for Councilmcmber Tim Clark—Approve I. 2005 Asphalt Overlays—Accept as Complete i 7. OTHER BUSINESS None 8. BIDS A East Hill Skate/BMX Bowl Construction Re-btd i 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 11 • 6. Lob&( Neer- i0k a"5 12. ADJOURNMENT i • • i • v • • • • NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page and complete packet are on the City of Kent • web site at www.ci.kent.wa us An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service i at 1-800-833-6388. 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Y U h LJJT� V '" v_� L a N >' Y m in '�' N u ` O • 00 O • 3oca2 aroi oT 30- m � `c_ 0- � roJ v � � • cro >ro—° v Jc� c E `°@Tro vcj as�aD o� • V bo Op Lo u Nvaui � 3�_ Cc -oQLYwQY cc ,,,, cd 0 �-a a��' 3 o rou T mLa 3 L oLC • F �� .v ? yti -o=a '" � c EN mro� 3 our � Ev`^ v cco3 ^� v v mrov u °ca ° o � aE ,cco° T3 = u >o> � > v° EOAEaae°ev��c ¢V > aE � ERt ¢ >a0 ¢ mV`� n • • CHANGES TO THE AGENDA i • Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. • A) FROM COUNCIL, ADMINISTRATION, OR STAFF • i B) FROM THE PUBLIC i • • • • • • • r • • • • • • i • i • • i i • i PUBLIC COMMUNICATIONS A) KENT ARTS COMMISSION 2006 FUNDING RECIPIENTS • • B) 2005 GREEN BUSINESS OF THE YEAR AWARD • i • s • • • • • • �r • • • • • a • • • • • CONSENT CALENDAR 6. City Council Actio _ Councilmember q,,wm moves, Councilmember � i seconds to approve Consent Cmendar Items A through 1. Discussion Action �7ne" 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 7, 2006. 6B. Approval of Bills Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 7, 2006. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/06 Wire Transfers 2308-2328 $1,673,826.59 • 1/31/06 PrePays & 589079 1,485,632.39 1/31/06 Regular 589821 3,123,406 35 Use Tax Payable 3,002.70 $6,285,868.03 Approval of checks issued for payroll for January 1 through January 15 and paid on : January 20, 2006: Date Check Numbers Amount r 1/20/06 Checks 288415-288702 $ 229,163.55 1/20/06 Advices 190990-191676 1,511,456.64 Total of Regular Payroll $1,740,620 19 • (Continued on back) Approval of checks issued for Interim payroll: Date Check Numbers Amount Void Checks 288227 & 288338 $ (481.61) 1/23/06 Check# 288703-288704 $481 61 Approval of checks issued for payroll for January 16 through January 31 and paid on • February 3, 2006. s Date Check Numbers Amount 2/3/06 Checks 288705-288987 $ 193,743 99 2/3/06 Advices 191677-192366 1,254,016.27 Total of Regular Payroll $1,447,760.26 Approval of checks issued for Interim Payroll: 2/3/03 Void Check# 288709 $(472 59) i Check# 288988 $545 65 r r r Council Agenda Item No 6 A-B . • • Kent City Council Meeting • KEN T February 7, 2006 • WA5HINGTON • The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. • Councilmembers present- Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson. (CFN-198) PUBLIC COMMUNICATIONS . A. Employee of the Month. (CFN-198) Mayor Cooke announced that Financial Analyst Marian Ely has been chosen as Employee of the Month for February. B. Economic Development Report. (CFN-198) Economic Development Manager Torgelson noted that Phase 11 of Kent Station, which consists of four new buildings, should be complete by fall. He also noted a major construction project of light industrial office retail space at West Valley Highway and S 212th. CONSENT CALENDAR • RANNIGER MOVED to approve Consent Calendar Items A through R. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of January 17, • 2006 were approved. B. Approval of Bills. (CFN-104) Approval of payment of the bills received through December 15 and paid on December 15, 2005 after auditing by the Operations Committee on January 17, 2006. Approval of checks issued for vouchers- Date Check Numbers Amount 12/15/05 Wire Transfers 2259-2276 $1,497,437.00 • 12/15/05 Prepays & 587057 492,929.58 12/15/05 Regular 587851 1,479,100.90 Use Tax Payable 8,242.54 $3,477,710 02 Approval of payment of the bills received through December 31 and paid on December 31, 2005 after auditing by the Operations Committee on January 17, 2006. • Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/05 Wire Transfers 2277-2294 $1,394,054.89 • 12/31/05 Prepays & 587852 3,096,770.25 • 12/31/05 Regular 588480 1,947,515.19 Use Tax Payable 771.76 $6,439,112.09 1 Kent City Council Minutes February 7, 2006 Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on January 17, 2006. • Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/06 Wire Transfers 2295-2307 $ 972,518.29 1/15/06 Prepays 588481 495,145.95 1/15/06 Regular 589078 1,715,506.90 Use Tax Payable 1,526.29 $3,1841697.43 Approval of checks issued for Interim Payroll: Date Check Numbers Amount 12/6/05 Check 287877 $ 69.15 12/7/05 Check 287878 $1,135.48 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2005. r Date Check Numbers Amount • 12/20/05 Checks 287879-288141 $ 195,205.93 12/20/05 Advices 189609-190300 1,249,536 41 Total of Regular Payroll $1,444,742.34 Approval of checks issued for the payroll of December 16 through December 31, 2005 and paid on January 5, 2006- Date Check Numbers Amount • 1/5/06 Checks 288142-288413 $ 212,187.28 1/5/06 Advices 190301-190989 1,267,955.26 Total of Regular Payroll $1,480,142.54 Approval of checks issued for Interim Pam• • Date Check Numbers Amount 1/10/06 Check 288414 $165.67 Approval of checks issued for the payroll of January 1 through January 15 and paid on January 20, • 2006. Date Check Numbers Amount 1/20/06 Checks 288415-288702 $ 229,163.55 1/20/06 Advices 190990-191676 1,511,456 64 . Total of Regular Payroll $1,740,620 19 Approval of checks issued for Interim Payroll- Date Check Numbers Amount • 1/23/06 Check 288703-288704 $48161 2 • Kent City Council Minutes February 7, 2006 C. McGrew Rezone Ordinance (Quasi-Judicial). (CFN-121) Ordinance No 3783 rezoning • approximately 2.1 acres of property located on the southeast corner of 94`h Avenue South and South 242"a Street, from the current zoning of from Single-Family Residential, 4.5 units per acre, to Single- Family Residential, 8 units per acre was adopted. D 2005 Final Budget Adjustment Ordinance. (CFN-186) Ordinance No. 3784 approving the consolidating budget adjustments made between July 1, 2005 and December 31, 2005 totaling $15,812,742 was adopted. E. Lease Agreement for Wireless Communications Equipment. (CFN-1109) The Mayor was authorized to enter into a lease agreement which includes a nonexclusive access easement, with • Clearwire, LLC to install wireless communications equipment at Wilson Playfields, to accept the monthly lease fee of$1,350.00, and to approve the expenditure of funds in the Light Pole Replacement budget. • F 2005 Fourth Ouarter Fee-In-Lieu Funds. (CFN-118) Fee-in-lieu funds from developers in the amount of$21,225.00 and the expenditure of funds in the East Hill Skate Park and Mill Creek Canyon Earthworks Park budgets were authorized. • G. King County Parks Youth Sports Facility Grant. (CFN-118) The King County Parks Youth Sports Facility Grant of$35,000 00 to fund the West Fenwick Park Basketball Court Project was accepted, and the expenditure of funds in the West Fenwick Park Renovations budget was approved. • H. Town Square Plaza Carousel Sole Source Purchase. (CFN-118) The Mayor was authorized to enter into a sole source agreement with BUMPERS INC. to purchase a Bertazzon "Venetian Carrousel" for$78,000 00, and the pledge of$48,000.00 from the Kent Parks Foundation as partial reimbursement of the carousel was acknowledged. L King County Office of Emergency Management Grant. (CFN-122) A reimbursable grant not to exceed $75,000 from the King County Office of Emergency Management to be used for reimbursement to assist in the continued growth of Zone 3 (South King County) Emergency i Management coordination to increase response/mteroperability capabilities among disciplines, to . minimize damages and quicken recovery from a terrorism related and"all hazards" disaster incidents was accepted, and the Mayor was authorized to sign the contract to receive the funds. J. Fire Department Replacement Vehicle Purchase. (CFN-122) The Mayor was authorized to • sign a contract with BBC Dodge to purchase a 2006 Dodge Ram 3500 quad cab pickup for the Fire Department. K. Goods and Services Agreement with Lighthouse Uniform Company. (CFN-122) The Mayor • was authorized to sign a Goods & Services Agreement for the purchase of work uniforms, after final . review and approval by the Attorney's office L. King County Public Entity Services Contract. (CFN-122) The Mayor was authorized to sign • the King County public entity services contract for reimbursement of prescribed medications at the • Kent Corrections Facility. 3 s Kent City Council Minutes February 7, 2006 • M. U.S. Department of Justice FY 2006 Grant. (CFN-122) The Police Department was authorized to apply for the Bureau of Justice Assistance FY 2006 Grant. The City's allocation is . $29,312. The grant funds will be used to plan for a crime analysis function with the purchase of equipment, supplies and training. N. Costco Wholesale Donation. (CFN-122) The donation from the Northwest Regional Office of Costco Wholesale to the Fire Department's Fall Prevention Program was accepted. • O. Birdsong Meadows Improvements Bill of Sale. (CFN-484) The Bill of Sale for Birdsong Meadows submitted by Moumr Touma for 4 gate valves, 2 hydrants, 565 linear feet of waterline, 5 sanitary sewer manholes, 7521mear feet of PVC sewer line, 752 centerline linear feet of asphalt roadway, 16 storm sewer catch basins, 44,500 cubic feet of detention pond storage and 1,354 linear feet of HDPE sewer line was accepted. P 3rd Avenue S. Storm Extension. (CFN-1038) The 3`d Avenue South Storm Extension project • was accepted as complete and release of the retamage to Rodarte Construction upon standard releases . from the state and release of any liens was authorized. Q. S. 228th Street Corridor—Bolger Road Grade and Fill. (CFN-1269) The S. 228`11 Street • Corridor—Bolger Road Grade & Fill project was accepted as complete and release of the retamage to . Rodarte Construction upon standard releases from the state and release of any liens was authorized. s R. 132nd Avenue SE Street Vacation Ordinance. (CFN-102) Ordinance No. 3785 vacating a i portion of 132"d Avenue Southeast was adopted. On December 13, 2005, the Council approved the . vacation with the conditions recommended by staff. Those conditions have since been satisfied OTHER BUSINESS A. Canary Hill Rezone Ordinance (Quasi-Judicial). (CFN-121) The proposed ordinance rezones • two parcels totaling approximately 5.8 acres of property from Single-Family Residential, 4.5 units • per acre, to Single-Family Residential, 6 units per acre. The Hearing Examiner held a public hearing on December 7, 2005, and issued Findings, Conclusions, and a Recommendation of approval on December 22, 2005. The City Attorney explained the quasi-judicial process and determined that • there has been no ex-parte communication by the Council. Sharon Clamp of Planning Services then . explained the project. HARMON MOVED to adopt Ordinance No. 3786, which accepts the Findings, Conclusions and Recommendation of the Hearing Examiner on the Canary Hill Rezone. Clark seconded and the motion carried. B. Sophia Glenn/Brenna's Vista II Rezone Ordinance(Quasi-Judicial). (CFN-121) The City Attorney explained that the Council will consider rescinding and amending their December 13, 2005, decision to deny adoption of an ordinance rezoning four parcels totaling 22.3 acres of property from Single-Family Residential, 4 5 units per acres, to Single-Family Residential, 6 units per acre, on the • Sophia Glenn/Brenna's Vista 11 rezone He reminded Council of the quasi-judicial process and • determined that there have been no ex-parte communications Matthew Gilbert of Planning Services outlined the project and answered questions from Councilmembers regarding traffic on 92"d Avenue and nearby redevelopment. HARMON THEN MOVED to adopt Ordinance No. 3787 rescinding the S December 13, 2005 motion to deny the requested Sophia Glenn/Brenna's Vista 11 Rezone and to • amend the earlier motion by accepting the Findings, Conclusions and Recommendations of the Hearing Examiner on the Sophia Glenn/Brenna's Vista 11 Rezone. Clark seconded Clark, Harmon 4 i • Kent City Council Minutes February 7, 2006 and Watson spoke in opposition to the motion, citing public health and safety issues due to slopes, the • expense of expanding 92"d Avenue, and the lack of neighborhood compatibility. O'Brien spoke in • favor, stating that property owners should be allowed to take advantage of the SR-6 Comprehensive Plan designation. Upon a roll call vote, the motion carried 4-3 with O'Brien, Ranmger, Raplee and Thomas in favor, and Clark, Harmon and Watson opposed. • C. Morford Meadows South Rezone Ordinance (Quasi-Judicial). (CFN-121) The proposed ordinance relates to the rezoning of four parcels totaling approximately 2.25 acres of property from Single-Family Residence, 4 5 units per acre, to Single-Family Residential, 6 units per acre The Hearing Examiner held a public hearing on January 4, 2006, and issued Findings, Conclusions and a Recommendation for approval on January 18, 2006 The City Attorney explained the quasi-judicial process. Councilmembers Thomas and Harmon disclosed that they know Mr. Morford, and Brubaker determined that although other Councilmembers may know Mr. Morford as well, none of the Councilmembers had had ex-parte communication on this matter No one in the audience objected • to the disclosures, and Kurt Hanson of Planning Services explained the proposal. HARMON MOVED to adopt Ordinance No. 3788 accepting the Findings, Conclusions and Recom- mendation of the Hearing Examiner on the Morford Meadows South Rezone. Clark seconded and the motion carried. BIDS A. LID 353—S. 228th St. Corridor Riverview Boulevard Overpass. (CFN-1269) The bid opening for this project was held on January 19, 2006, with seven bids received. The low bid was submitted by Rodarte Construction, Inc in the amount of$1,630,023.50. The Engineer's estimate was $1,621,504.44. RAPLEE MOVED to authorize the Mayor to enter into an agreement with Rodarte Construction, Inc. • for the LID 353 - S. 228th Street Corridor Riverview Boulevard Overpass project in the amount of • $1,630,023.50 Harmon seconded and the motion carried REPORTS A Council President. (CFN-198) Ranniger reflected on the recent Council retreat. B. Operations Committee. (CFN-198) Clark informed Councilmembers of the Sister Cities membership meeting on February 15. C. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be at 5:00 p.m. on February 16. D Public Works. (CFN-198) Raplee noted that there will be a special meeting on February 27 at • 5:00 p.m., due to the holiday on February 20. E. Planninll and Economic Development Committee. (CFN-198) Harmon noted that due to the holiday on February 20, there will be a special meeting at 4:00 p m. on February 27. He added that . Futurewise has withdrawn it's appeal to the Growth Management Hearing Board, and that the City is • now eligible for grant funding and a number of sources of transportation and planning projects 5 Kent City Council Minutes February 7, 2006 • F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be at 4.00 p.m. on February 16. • G. Administrative Reports. (CFN-198) City Attorney Brubaker reported that the lawsuit regarding urban density has been withdrawn and will not be re-filed. Mayor Cooke reported on the AWC meeting including the streamlined sales tax issue. Hodgson • reported on the improvements being made to the City Hall campus. He then reminded Councilmembers of an Executive Session of approximately 15 minutes to discuss labor negotiations, with action to follow. CONTINUED COMMUNICATIONS , A. (CFN-198) Mayor Cooke welcomed Scout Troop 888 who are working on citizenship merit badges. EXECUTIVE SESSION • The Council recessed to Executive Session at 7:55 p.m. and reconvened at 8:17 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Labor Nellotiations. (CFN-198) CLARK MOVED that, upon final review and approval as to form • by the City Attorney's Office, the Mayor be authorized to sign a three-year collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME), Local 2617, effective January 1, 2006 through December 31, 2008 Ranniger seconded and the motion carried. • ADJOURNMENT The meeting adjourned at 8:19 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 6 • Kent City Council Meeting Date February 21, 2006 Category Consent Calendar 1. SUBJECT: OLYMPIC ENVIRONMENTAL RESOURCES CONSULTANT CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Olympic Environmental Resources Consultant Agreement for Waste Reduction and Recycling Activities and Programs for 2006 in the amount of$57,670. 3. EXHIBITS: Public Works Director's memorandum and Olympic Environmental . Resources Agreement 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure9 X Revenue? N/A . Currently in the Budget? Yes N/A No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda • Item No 6C PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone Fax 253-856-6500 KEN T Address 220 Fourth Avenue S WASHINGTON • Kent,WA 98032-5895 DATE: February 6, 2006 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director • THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager SUBJECT: Consultant Contract Agreement Olympic Environmental Resources MOTION: Recommend authorization for the Mayor to sign the Olympic Environmental Resources Consultant Agreement for Waste Reduction and Recycling Activities and Programs for 2006 in the amount of$57,670. SUMMARY: The Olympic Environmental Resources Consultant Agreement is for the implementation of waste reduction and recycling activities and programs as described in and funded by the Washington State Department of Ecology CPG program, the King County WR/R contract and the Public Health— Seattle & King County LHWMP contract, and as described in the Scope of • Work and Budget. • BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: • Olympic Environmental Resources organizes, implements and provides management over the City of Kent's Waste Reduction and Recycling Programs for 2006, including Special Recycling and Collection events, Business recycling programs, Multi-family recycling programs, compost . bin sales and outreach and education. The consultant agreement is funded entirely through the • following grants: CPG, LHWMP and WR/R. Mayor Cooke and Kent City Council 1 • • KENT WASHINGTON • • CONSULTANT SERVICES AGREEMENT • between the City of Kent and • • Olympic Environmental Resources (OER) • • THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation • (hereinafter the "City"), and Olympic Envirionmental Resources (OER) organized under the laws of the State of • Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938- 8262/Fax: (206) 938-9873, Contact: Paul Devine (hereinafter the "Consultant"). • • I. DESCRIPTION OF WORK. • Consultant shall perform the following services for the City in accordance with the following described • plans and/or specifications: • • The Consultant will organize two (Spring and Fall) citywide collection and recycling events, • promote business and residential recycling, and organize a Spring compost bin sale. For a • detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by • this reference. • • Consultant further represents that the services furnished under this Agreement will be performed in • accordance with generally accepted professional practices in effect at the time those services are performed. • II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this • Agreement, Consultant shall complete the work described in Section I by December 31,2006. • III. COMPENSATION. • • A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty • Seven Thousand, Six Hundred Seventy Dollars ($57,670.00) for the services described in this • Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of • the City in the form of a negotiated and executed supplemental agreement. The Consultant • agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain • locked at the negotiated rate(s) for a period of one (1) year from the effective date of this • Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. • B. The Consultant shall submit monthly payment invoices to the City for work performed, and a • final bill upon completion of all services described in this Agreement. The City shall provide • payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that • • • CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) • portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's . possession pertaining to this project, which may be used by the City without restriction. If the City's use of • Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this • Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the • attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, • officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, • including all legal costs and attorney fees, arising out of or in comlection with the Consultant's performance of this Agreement, except for that portion of the injunes and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to • avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused • by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE • INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. • The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, • insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 • (Over$10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide • reasonable accuracy of any infomlation supplied by it to Consultant for the purpose of completion of the work under this Agreement X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and • become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the C;ty's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant • XI. CITY'S R IGHT O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the w ork m ust m eet t lie approval o f t he C ity and s hall b e subject t o the C tty's general r ight o f inspection to secure satisfactory completion XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be • done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, • or other articles used or held for use in conriection with the work. XIII. MISCELLANEOUS PROVISIONS. • A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. . B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the • covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. • C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving • that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction • of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, • however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section • VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the • addresses listed on the signature page of the Agreement, unless nottfred to the contrary. Any written notice • hereunder shall become effective three (3) business days after the date of marling by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. • CONSULTANT SERVICES AGREEMENT-3 • (Over$10,000) E. Assiujiment. Any assigtunent of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any asszgrmnent, the temps of this Agreement shall continue in full force and effect and no further assignment shall be made without • additional written consent- F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless rrr writing and signed by a duly authorized representative of the City and Consultant. • G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering • in any manner this Agreement. All of the above documents are hereby made a pail of this Agreement • However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal • laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, • equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN`VITNESS,the parties below execute this Agreement, which shall become effective on the last • date entered below. CONSULTANT: Ot-�—e' CITY OF KENT: . By. By: (signature) (signature) • Print Name: ` AQL w" •DDJMN—c Print Name: Suzette Cooke Its On Its Mayor (Title) (ride) DATE: t(LC)w 6 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: • Paul Devine Larry R.Blanchard Olympic Environmental Resources (OER) City of Kent 4715 SW Walker Street 220 Fourth Avenue South , Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500 (telephone) (206) 938-9873 (facsimile) (253) S56-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department • OER-2006 Recycling(Bartelt • CONSULTANT SERVICES AGREEMENT-4 • (Over$10,000) DECLARATION • CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all • contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affinnative response is required on all of • the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier • willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or pail, of the Agreement; • The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. • 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new • employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. • 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 7-01' day of Saa 200 G . By' �" µ^ • For: V) y v,-Q 1 L �(ivww�J.. �„a,�fi� J `-S LA-. -4-i • Title: �/l -K ! V►"�„�— •✓ Date: — lhola A • EEO COMPLIANCE DOCUMENTS- 1 CITY" OF KENT � ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 • SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jun White, Mayor . POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity • within their organization and, if holding Agreements with the City amounting to $10,000 or more within any • given year, must take the following affirmative steps- 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal • opportunity employer. • 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and • equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Plam-ring, Parks, and Public Works • Departments to assume the following duties for their respective departments. • 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 • CITY OF E.ENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby i acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement • known as that was entered into on the {date) , between the fine I represent and the City of Kent. • I declare that I complied frilly with all of the requirements and obligations as outlined in the City of Kent • Administrahve Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. • Dated this day of , 200 By. For: Title: Date: • EEO COMPLIANCE DOCUMENTS-3 A. I(Xl AXC"/ 1 41 • CITY OF KENT 2006 RECYCLING COLLECTION EVENTS. BUSINESS RECYCLING PROGRAM � RESWENTIAL RECYCLING PROGRAM AND GRANT AD\-IINISTRATION PROJECT CONTRACTOR Olympic Environmental Resources (OER) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email• pauldevine@msn.com 2006 SCOPE OF WORK AND BUDGET • TASK 1: Recycling Collection Events OER will organize two (Spring and Fall) Citywide collection and recycling events in the City of . Kent. • A) Materials to be collected and recycled: • Appliances+ • • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • • Bulky Yard Debris* • Concrete, Asphalt, Rock,and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • • Porcelain Toilets and Sinks+ • Propane"Tanks+ • Cardboard • Reusable Household Goods • Textiles • • Motor Oil • Motor Oil Filters • Antifreeze • Petroleum Based Products • Paper Shredding** • • Computer Equipment+ • Electronic Equipment/Cel Phones+ • TV Sets+ +User fees apply • *Collected in the spring ** Collected in the fall • LVVV l Un OLU/IC Vf n ur n Ott,of etit Decemhei 28, 2005 • B)The following educational materials will be distributed: 1) Irrforrrration on City of Kent waste reduction and recycling programs. 2) Information from on Local Hazardous Waste Management Programs. Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. OER reserves the right to refuse oversized, commercial, or • contaminated loads. Event Promotion • Event promotion will be accomplished in the following ways: A) Distribution of a promotional flyer through direct mailings. i B) A«rcles in.rite City newsletter p ibiiCiZiiig events. • C) Publicizing the events through the King Comity Solid Waste Division. • D) Publicizing the events on the City's cable channel and web site. Project Evaluation . The following measures will be used to evaluate the completion and success of the events: A)The number of vehicles attending. B)The volume of each material collected. C)Event cost by budget category. • D) Comparison of 2006 volumes and vehicles with prior year's events. Timeline Tentative Event Dates—MarchlOctober. 2006 January/August 2006 Event plarmulg Work with City on finalizing event date Schedule vendor services February/September 2006 Schedule vendor services Work with City on event flyer Arrange for the printing, sorting, and mailing of flyer Mardi/October 2006 Finalize planning Prepare site map 2 awv va IV GVFO vj rr urn • Cilp of Kent December 28, 2005 , Arrange event staff and volunteers Work with City on available City services Arrange event equipment Arrange event deliveries Hold event ApriUNovember 2006 Prepare project reports i Assist City in reimbursement process TASK 2: Business Recycling Program OER will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial sector. Program Activities: • l) Kent Recycling Report Newsletter Prepare and coordinate distribution of a Kent Recyclin;Report Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times in 2006. . 2) Kent Business Collection Event OER will implement one Business Recycling Event in 2006. The event will be held on a summer Wednesday or Thursday at a central location in Kent(Russell Road Park). Materials to be collected. i • Clean Scrap Wood/Pallets • Refrigerators and Freezers+ • Scrap Metal • Electronic Equipment • Computer monitors+ • • Fluorescent Lights , • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Paper Shredding • Other materials if feasible • +User fees apply The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • 3 • LVUU UP-A JLOPe U,/ YYW h City of Kent December 28, 2005 Event promotional methods: • By distributing a promotional flyer through direct mailings. • By notices in City/connmunity newsletters/and local newspapers (whenever possible). • By posting a notice at City Hall,on the City cable chanu,el, and web site (if available). • By publicizing the event tluougli the King County Solid Wastc Division Promotional Activities. Event Participants • This event is intended for the businesses in Kent. Some restrictions on the amount of material may apply. We reserve the right to refuse contaminated loads. Event Evaluation • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2006 volumes and vehicles with prior year's events • Summary of survey data collected(if taken) 3) Kent Business Assistance To provide business recycling assistance to City businesses, OER will customize send a City Tool Kit to all new Kent businesses with intro letter and offer of on-site visit. OER will provide assistance to City businesses on an on-call basis. OER will track assistance to City businesses as required by King County. OER staff will promote the web site w ww.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. 4)Kent Business Recognition To provide Kent businesses with motivation to recycle, OER will implement the Kent Green Business of the Year Award. OER will work with the Kent Chamber of Commerce and past program • information to seek out businesses that have put in place outstanding recycling programs and award up to four City businesses with awards. The purpose of the award/recognition program will be to a acknowledge City businesses with strong commitments to waste reduction, recycling, using recycled products and use their programs as examples for other Kent businesses to follow. • 5) Business Web Site Assistance In 2006, OER will respond to inquires from City businesses from visits to the City's recycling website. • In addition, the site will be updated with recycling information as necessary. • 0 4 '4w0 vntt.)copeoj rrorx • ON of/Cent December 28, 2005 • TASK 3: Multifamily Recycling Program . OER will promote waste reduction, participation in multifamily tesrdential collection programs for • recyclables, and the purchase of recycled products through the following program efforts with • multrfarni iy residents and property owners/inanagei s: • • Distribute multifamily educational brochures through direct mailings, special City events, • and door-to-door delivery. • • Distribute multifamily signs for use at multifamily complexes for proper recycling of • materials. • • Providing on-site waste consultations and follow-up assistance. • Distribute riltiiiifamiiy recycling bags for use at mu;tifamily complexes for proper recycling • of materials. . • Ieespond to inquires from City residents from visits to the City's recycling website. In addition, the site will be updated with recycling infor niation as necessary. • Project Goals and Obiectives - Promote multifamily participation to Kent recycling services. - Promote cost-effective handling of the multifamily waste stream. - Promote the purchase of recycled products to the multifamily sector. - Promote use of City Web site i Project Evaluation OER will monitor the program by reporting the following: • - The number of educational treater ials printed/distributed. • - The number of signs distributed. • - The number of on-site consultations/technical assistance provided. - The increase in the number of multifamily buildings participating in waste reduction, • recycling, and recycled product procurement activities. i TASK 4: Spring Compost Bin Sale • OER will organize a Spring Compost Bin Sale in conjunction with the Kent Spring Recycling • Collection Event. OER will make all arrangements and enter into subcontracts with a backyard • compost distribution vendor. OER will implement one backyard compost bin sale accompanied by i educational outreach/technical assistance on backyard composting. The sale will be advertised in the • Kent Spring Recycling Collection Event flyer sent to all Kent households. OER will set-up a display • bin at Kent City Hall in advance of the sale. At the event, OER will sell the compost bins for $15 each i and bill the remaining cost to the City. Each compost bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. • i • • • s • • 2UU6 UCK Jcope of IYork City of Kent A • December 28, 2005 • • TASK 5: Grant Administration OEic will work with the City to provide grant administration and project reports for this Scope of • Work. OER will: • Track project expenses. • Provide ongoing grant administration through the completion of the tasks, as outlined in this • Scope of Work. • • Prepare reports for the grant program. + Prepare final report. • • • • • • • • • • • • • • • • II • I • a I • • • • 6 • f _ 2 ,7 �_� vi v, tf ."-. N v '7i of •' •• ,•�' vi ;� y^, M !�; 3 » „ v3 v "�. '� v A J K v; i � i i i i"i i �"`I r l i „i,ri�.i 1 1 ! I �i"• t l i i I l � � i �"�r,i � II lilli i i it ilt it Ilili I I ) li G e a b e o a ry o •n .. .r M • 0 0 0 0 0 0 0 o e a o 0 0 0 0 0 0 0 0 0 0 o e e o 0 0 0 0 0 0 0 0 K Y3 K K 4i K Yf IK •Vi I,Fi •A K K •/3 K �'J�i yw a � • ' ' � a I � I I M� N `O .b-f Hf V N T N N W T 'C' •.n -O O • I 0 0 0 0 O O O O O O O O O O O O O O O O O � V N N N O M T N T T N ^ •n W P O W K Nf • a `�' w � � sNz �' •7, � K � � of K 'eJ fri � K ;� �tC.1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o e • K K K K yi K K K K K K K 'fi K K K Yi K K K • W t h N 1211 V! T h O N O OPi a o . 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M v, F • • EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS • Insurance •• The Contractor shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance . Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from piemises, operations, i independent contractors, products-completed operations, personal i njuiy and advertising injury, and liability assumed under an insured contract. The • Commercial General Liability insurance shall be endorsed to provide the • Aggregate Per Project Endorsement ISO form CG 25 03 11 85. Theie shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to . the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: �i 1. Commercial General Liability insurance shall be written with limits no less �1 than $1.000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit C. Other Insurance Provisions • The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: . 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not • contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. • EXHIBIT B (Continued) • • 3. The City of Kent shall be }�named as an additional insured on all policies �CXCe t�rofe$$'Olnai 1 inn lilt 1 as reD' +S bVOr "�l'fcinned h �r on behalf of k p Y) pec. - y o on the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves • the right to receive a certified copy of all required insurance policies. The Contractor's Coinrriercial General Liability insurance shall also contain a • clause stating that coverage shall apply separately to each insured against • whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers • • Insurance is to be placed with insurers with a current A.M. Best rating of not less than • A:VH. E. Verification of Coverage • Contractor shall furnish the City with original certificates and a copy of the amendatory • endorsements, including but not necessarily limited to the additional insured • endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors • • Contractor shall include all subcontractors as insureds under its policies or shall famish • separate certificates and endorsements for each subcontractor. All coverages for • subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. • • • • • • i i i • • Kent City Council Meeting Date February 21, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY WASTE REDUCTION AND RECYCLING GRANT PROGRAM—AUTHORIZE • 2 SUMMARY STATEMENT: Authorize the Mayor to sign the Waste Reduction and Recycling (WR/R) Grant Contract Amendment in the amount of$85,722 and direct • staff to accept the grant and establish a budget for the funds to be spent within said project. • i • 3. EXHIBITS: Public Works Director's memorandum and King County Solid Waste Division Waste Reduction and Recycling Grant program 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure? X Revenue? N/A Currently in the Budget? Yes N/A No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • • • DISCUSSION: • ACTION: • • Council Agenda Item No. 6D i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone 253-856-5500 K E 4 T Fax 253-856-6500 W A 5 H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: February 6, 2006 S TO: Public Works Committee FROM: Larry Blanchard, Public Works Director 0 THROUGH- Mike Maetutis, P.E., Environmental Engineering Manager • SUBJECT: King County Solid Waste Division ! Waste Reduction and Recycling Grant Program • MOTION: Recommend authorization for the Mayor to sign the Waste Reduction and Recycling (WRIR) S Grant Contract Amendment in the amount of $85,722, direct staff to accept the grant and establish a budget for the funds to be spent within said project. • SUMMARY: i The King County WR/R Grant Contract Amendment updates the City of Kent's 2006-07 WR/R . grant agreement to distribute 2006 grant funds to the City and to continue the implementation of • the City's 2006-07 WR/R tasks as described in Exhibit A-Scope of Work. i BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact BACKGROUND i The King County WR/R grant is used to fund Special Recycling and Collection events for 0 residents and business for the collection of hard to recycle materials, to fund activities and events 0 associated with the Business Recycling Program, the Multi-family Recycling Program,the purchase, distribution and promotion of products made from recycled materials, including compost bins, rain barrels, lumber and benches, and the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scouts. r • Mayor Cooke and Kent City Council I t CONTRACT#D36029D • INTERLOCAL AGREEMENT FOR 2006-2007 r Between KING COUNTY and the CITY OF KENT r This two-year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Ordinance No. 2003-0462 City PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste . reduction and recycling projects and for broader resource conservation projects that integrate with waste + reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the . yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit • A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be generously shared with the County and other King County cities. I. PURPOSE i The purpose of this Agreement is to define the terms and conditions for funding to be provided to the • City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. • i H. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A The total amount of funds available from this grant in 2006 shall not exceed$85,722 The City understands that even though this agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This agreement provides for distribution of 2006 and 2007 grant funds to the City. However, 2007 funds are not available until January 1, 2007, and 2007 funding is contingent upon King County Council approval of the 2007 King County budget. 3. During the two year grant program, the City will submit a minimum of two,but no more than eight,progress reports to the County in a form approved by the County. Reports must be signed by a city official. These reports will include: a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight(8) progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day • of the month following the end of each quarter- April 30, July 30, October 31, January 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2008. a i If the City chooses to submit the minimum of two progress reports and requests for • reimbursement during the two year grant program, they shall be due to the County on January 31, 2007 and March 31, 2008. Regardless of the number of progress reports the City chooses to submit, in order to secure • reimbursement, the City must provide in writing to the County by the 51h working day of January • 2007 and January 2008, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 3. The City shall submit a final report to the County which summarizes the work completed under • the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30,2008 2 . 4. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of Ding County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work t document related thereto. S 5. The City shall be responsible for following all applicable Federal, State and local laws, ordinances,rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. i 6. During the performance of this Agreement, neither the City nor any party subcontracting under 1i the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, • nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or i physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws,ordinances, executive orders and regulations that prohibit such discrimination. These . laws include,but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. i 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records,including personnel,financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper . accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. • These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection,review or audit by the County and/or by federal or state officials as so authorized by law. • 10.The City shall maintain a record of the use of any equipment that costs more than$1,000 and is purchased with grant funds from King County for a total period of three(3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King i County by March 31 of each year through the year 2010. • 3 11.The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on i King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division"and/or"text provided courtesy of King County • Solid Waste Division." s 12.The City agrees to submit to the County copies of all written materials which it produces and/or S duplicates for local waste reduction and recycling projects which have been funded through the . waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 13. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The S announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 14.The City understands that funding for recycling collection events for adjacent areas of • unincorporated King County will be allocated on a yearly basis subject to the King County • Council's yearly budget approval process and that provision of funds for these events is not guaranteed for the second year of the grant program. 15.This project shall be administered by Robyn Bartelt, Conservation Specialist; City of Kent; 220 • 4`1'Ave. South; Kent, WA 98052-5895; 253-938-8262; rbartelt@ci.kent wa.us, or designee. i B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the city's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than$10,000 per year, that city sbalI receive an additional allocation that would raise their total grant funding to$10,000 per year. • The City of Kent`s budgeted grant funds for 2006 are$85,722. Unspent 2006 funds may be carved over to 2007,but 2007 funds will not carry over to 2008. i 4 a The City of Kent`s estimated grant funds for 2007 are $95,722. 2007 funds are not available until • January 1, 2007,and 2007 funding is contingent upon King County Council approval of the 2007 • King County budget. Following approval of the 2007 King County budget, the County's grant program administrator will notify the city of the final 2007 grant funding. 2. Within forty-five(45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not • authorize payment for activities and/or expenditures which are not included in the scope of work • and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e.,do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for • which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. . 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates,for distribution. Either the City's name and logo will appear on such materials (including fact sheets,case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the • City of Kent" and/or"text provided courtesy of the City of Kent". 4. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. • III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2006 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2006 and shall terminate on December 31,2007. However, if execution by either party does not occur until after January 1,2006, ` this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2006 and the later execution of the Agreement provided that the City • complies with the reporting requirements of Section II. A of the Agreement. • IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without i cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice H. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for 5 termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. . C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this • Agreement are breached by the other party. V. AMENDMENTS • This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A,only upon written or verbal request by the City and written or verbal approval by King County. Such requests will only be approved if the pioposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described is the scope VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement.The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever(hereinafter 'claims") brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software,book, document,report,film, tape, or sound reproduction or material of any kind, delivered hereunder,constitutes an infringement of any copyright, patent, trademark, trade naine, and/or otherwise results in unfair trade practice. i • • • • • • • 6 • • VH. INSURANCE ! A. The City,at its own cost,shall procure by the date of execution of this Agreement and maintain for • the duration of the Agreement, insurance against claims for injuries to persons or damages to • property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents,representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per • occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of • activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of • Insurance is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT • This Agreement is the complete expression of the agreement of the County and City hereto, and any oral • or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this . Agreement shalt not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. U. TIME IS OF THE ESSENCE • The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section,subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be • unconstitutional or otherwise invalid by a court of competent jurisdiction. such decision shall not affect the validity of the remaining portions. • • • • • • • • • • • • XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John,Project Manager, or a provided designee, King County Solid Waste Division i Department of Natural Resources and Parks . 201 South Jackson Street, Suite 701 • Seattle,WA 98104-3855 If to the City: Robyn Bartelt Conservation Specialist City of Kent 220 41h Ave. South Kent,WA 98052-5895 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: City King County Accepted for King County Executive BY (Title) Director of Natural Resources and Parks Date Date Pursuant to Pursuant to Ordinance No.2003-0462 Approved as to form: Approved as to form r City Attorney Kin County Prosecuting Attorney S Date Date 8 • r Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent . 2006/07 Scope of Work A. Basic Information • 1. City of Kent 2. Grant project manager: Robyn Bartelt Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98072-5895 TEL- (253) 856-5549 • FAX - (253) 856-6500 Email - rbartelt@ci.kent.wa.us 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 ! TEL- (206)938-8262 FAX - (206) 938-9973 Email—pauldevine@msn.com r 4. Budget: 2006 $85,722 2007 $85,722 2006/2007 total $171,444 B. Scope of Work Task One: Recycling Collection Events A. Schedule—Spring and Fall, 2006107 B.Task Activities • Number of Recycling Collection Event— Four • Appliances • Refrigerators and Freezers • 1 a • Ferrous Metals • Non-ferrous Metals S • Concrete,Asphalt, Rock, and Brick* i • Tires • Lead Acid Batteries • Household Batteries . • Porcelain Toilets and Sinks+ i • Propane Tanks+ • Cardboard • • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze . • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment S • Computer Monitors+ • TV Sets+ . • Bulky Yard Debris* • Scrap Wood* *Collected in the spring ** Collected rn the fall +User fees apply Other materials when possible. • The following educational materials will be distributed: • • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • • By distributing a promotional flyer through direct mailings. . • By notices in City newsletters (whenever possible). • By posting a notice at City Hall and on the City cable channel and City web site (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. C)Task evaluation.Event reports will include: • • Number of vehicles attending • Volume of each material collected 2 r . • Event cost by budget category • Event comments • Graphic or tabular comparison of 2006/07 volumes and vehicles with prior year's events D)Task Budget: $24,000.00 • Budget Catagory 2006107 2006 2006 2006 2007 TOTAL WRR LHWMP CPG WRR WRR City Staff Costs $3,000 00 $1,200.00 $0 00 $1,500.00 $1,500.00 $4,200.00 . Contractor/Staffing Costs $4,000.00 $5,243.11 $6,953.50 $2,000.00 $2,000.00 $16,196.61 Event Staff Costs $0.00 $0.00 $4,000.00 $0 00 $0.00 $4,000.00 Collection/Hauling Costs $0 00 . Wood Waste $2,000.00 $0.00 $0.00 $1,000.00 $1,000.00 $2,00000 • Scrap Metal,Appliances,etc. $6,600.00 $0.00 $0.00 $3,21 .00 $3,300 00 $6,600 00 Concrete $3,000.00 $0.00 $0.00 $1,500.00 $1,500.00 $3,000.00 • Paper Shredding $800.00 $0.00 $0.00 $400.00 $400.00 $800 00 Tires $4,600.00 $0.00 $0.00 $2,300.00 $2,300.00 $4,600.00 Used Oil/Antilreeze/etc. $0.00 $2,800.00 $0.00 $0.00 $0.00 $2,800.00 Batteries $0.00 M$6,500.000,000 .00 $0.00 $0.00 $500 00 MPrinting/Mailing $0 00 00 00 $0 00 $0.00 $15,500.00 Event Supplies $0,00 0.00 $0 00 $0.00 $80000 Other Expenses-rentals,etc $0.00 0.00 $0.00 $0.00 $3,400.00 TOTALS $24,00000 53.50 $12,000.00 $12,000 00 $64,396.61 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00,Event Staff-$55.00,and Adauntstrative Staff-$40 00 E) Task Performance Objectives The City plans to send out approximately 42,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 220-250 tons of material from the local waste stream per year. • The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F)Task Impact Objectives: i By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material • finding their way to the local landfill. The City of Kent has a population of roughly85,000. The City expects, based on past events, that 2,000-2,200 households will actively participate each year by bringing recyclable materials to the event for proper disposal and w recycling. This will result in 220-250 tons of material diverted from the local waste stream for recycling per year. In addition to diverting materials from the City waste stream, attracting residents to events r 3 provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the knowledge of residents and . improve behavior in purchase, handling, and disposal of recyclable materials. . Task Two: Business Recycling Program i A)Task Schedule: 2006/07 B)Task Activities: Through continued recycling assistance to businesses, the City will promote e participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. i Program Activities: 1) Kent Business Information Prepare, print, and coordinate distribution of a Kent Recycling Report Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2) Kent Business Collection Events • Number of Business Recycling Events Two • Task Description - The City will implement two Business Recycling Events. The events will be held on a summer weekday at a central location in Kent. • Materials to be collected: • Clean Scrap Wood/Pallets i • Electronic Equipment • Computer monitors+ • Fluorescent Lights i • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. w • Other educational materials as appropriate. . • Event promotional methods: 4 i ' r i i • By distributing a promotional flyer through direst mailings. • By notices in City/community newsletters/and local newspapers (whenever possible). • • By posting a notice at City Hall and on the City cable channel (if available). • • By publicizing the event through the King County Solid Waste Division Promotional Activities. • Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected ` • Event cost by budget category • Event comments • Graphic or tabular comparison of 2006/07 volumes and vehicles with prior year's events i 3) Kent Business Assistance i. To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition, the City will provide assistance to City businesses on an on-call basis. 4) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement a Kent Business Recycler of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their . programs as examples for other Kent businesses to follow. 5 i i C)Task Budget: $64,950.00 Business Budget Category 2006 2007 2006/07 Cost Cost Total Promotional inserts/flyers . Production and Graphics $2,600.00 $2,600.00 $5,200.00 . Printing costs $1,800.00 $1,800.00 $3,600.00 Sorting/Mailing costs $1,300.00 $1,300.00 $2,600.00 0 Business Collection Event 0 Consultant staff $2,900.00 $2,900.00 $5,800.00 Project Vendors $1,500.00 $1,500.00 $3,000.00 S Event Promotion $500.00 $500 00 $1,000.00 • Other Costs $125.00 $125.00 $250.00 Business Assistance To include: 0 Educational material distribution $10,500.00 $10,500.00 $21,000.00 0 Telephone assistance $1,100.00 $1,100.00 $2,200.00 Business consultations reports $1,800.00 $1,800.00 $3,600.00 Follow-up calls to businesses $3,500.00 $3,500.00 $7,000.00 Program Promotion $250.00 $250.00 $500.00 Business Recognition 0 Program Planninglimplemention $1,500.00 $1,500.00 $3,000.00 Program Promotion $1,200.00 $1,200.00 $2,400.00 Other Costs $400.00 $400.00 $800.00 • Business Web Site Web Site Assistance 1,500.00 $1,500.00 3,000.00 TOTALS $32,475.00 $32,475.00 $64,950.00 0 The business program will be funded primarily with use of King County WRR grant funds but the Business Recycling Collection Event will be funded with King County WRR grant funds and WA State DOE CPG funds. Hourly rates for consultants are as • follows: Proiect Manager - $70 00, Event Staff - $55.00, and Administrative Staff - $40.00. D)Task Performance Objectives: 0 1) The Kent Recycling Report Newsletters will be sent to all Kent businesses two times a i year. With regular information on recycling, City businesses,will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) The City plans to send out approximately 3,100 promotional flyers to Kent businesses per event and publicize the event through King County promotional activities, including County websites and telephone assistance The City anticipates collecting 50-75 tons of • material from the Kent businesses waste stream over a two-year period. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. 3) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff 0 will include the information as requested in the King County business database. Summary i 6 • i i program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 4) Kent Business Recognition Program will provide Kent businesses with motivation to recycle by recognizing"a Kent business(s) that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with • strong commitments to recycling and use their programs as examples for other Kent . businesses to follow. i E)Task Impact Objectives: By providing information, web site assistance, technical assistance, and hosting Business Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of roughly60,000. The City . expects that 125-175 businesses will actively participate in the Business Collection Event each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 50-75 tons of material from the Kent businesses waste stream over a two- year period. i In addition to diverting materials from the City waste stream, providing information to Kent business at events provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance the knowledge of business and improve behavior in the i purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program • A) Task Schedule: 2006/07 B)Task Activities: • The task will include promoting waste reduction, participation in Kent multifamily i residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers.The City will: • Distribute multifamily educational brochures through direct mailings, Recycling City events, and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper 40 recycling of materials. • • Providing on-site waste consultations and follow-up assistance. • Distribute muitifannily educational brochures to Spanish and Russtar, 'through i direct mailings, Recycling City events,and door-to-door delivery. i i i i • C)Task Budget: $11,500.00 Multifamily Budget Category 2006 Cost 2007 Cost 2006107 Total Provide Assistance and Follow-up $5,000.00 $5,000 00 $10,000.00 Web giteAssistance 500.00 500.00 $1,000.00 A Supplies Miscellaneous 250.00 250.00 500.00 TOTAL 5,750.00 5,750.00 11,500.00 The business program will be funded with use of King County WRR grant funds. Hourly rates for consultants are as follows Project Manager-$70.00,Event Staff- $55.00, and Administrative Staff-$40.00. D)Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. . E)Task Impact Objectives: r With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost Bin Distribution A)Task Schedule: Spring,2006/07 B)Task Activities: • Number of Compost Bin Sales—Two • Task Description - The City will implement two backyard compost bin distribution events in conjunction with the Kent Recycling Collection Events.The City will: 40 • Distribute subsidized backyard compost bins and educational materials on grasscycling and backyard composting to Kent. Residents will be charged a user fee for bins of$15.00. • Promote the program through the City of Kent website and event flyers. i • Purchase and distribute approximately 200 backyard compost bins. 8 i i Purchase and distribute up to 200 educational booklets on backyard composting. Q Task Budget: $6,600.00 ESTIMATED COSTS 2006 Cost 2007 Cost 2006/07 Total Staff Cost $0.00 $0.00 $0.00 Admnistration and Supplies $25.00 $25.00 $50.00 • Consultant and Contractor Services $1,400.00 $1,400.00 $2,800.00 . Compost Bins $3,375.00 $3,375.00 $6,750.00 Estimated Bin Income-100 bins @$15 eac -$1,500.00 -$1,500.00 -$3,000.00 . Total $3,300.00 1 $3,300.00 1 $6,600.00 7-1 Hourly rates for consultants are as follows: Project Manager - $70.00, Event Staff - $55.00,and Administrative Staff-$40.00. i D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Backyard composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource . efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. E)Task Impact Objectives: As a result of the Compost Bin Sale, the City of Kent will: r • Reduce the residential waste stream by up an estimated 29 tons of yard debris annually or 290 tons in the next ten years. • The City will monitor the program by reporting the following: -Number of backyard compost bins distributed. -The estimated amount of yard debris diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the . knowledge of residents and improve behavior in purchasing products, practices, and disposal of • yard debris. S Task Five: Purchase Products Made From Recycled Materials • A)Task Schedule: 2006/07 B)Task Activities: • In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels for distribution and • recycled lumberlbenches for City parks and open space areas. The rain barrels weight . 9 i r approximately 40-50 pounds each and divert roughly twice that amount of plastic material >♦ from the waste stream when produced. The recycle content lumber/benches weigh approximately 600-800 pounds and will divert roughly twice that amount of plastic material from the waste stream when produced. The City will work to install the recycled content lumber/benches in highly visible areas with a notice that the benches are made from recycled content. The City will promote these locations in our newsletters and parks brochure as most of these will be installed in heavy recreational use areas. The City will sell • the rain barrels at City Recycling Collection Events in 2006 and 2007. It is expected that the City will purchase and distribute 300 recycled content rain barrels over the two-year period. i C)Task Budget: $52,414.00 ' i Recycled Product Purchase 2006 Cost 2007 Cost 2006/07 Total . Distribute Rain Barrels $17,250.00 $17,250.00 $34,500.00 • Purchase and Install Plastic Lumber $8,957.00 $8,957.00 $17,914.00 TOTAL $26,207.00 $26,207.00 $52,414.00 • D) Task Performance and Impact Objectives: . The goal of this program is to help ensure the success of the recycling industry by adding to 0 the demand for products made from recycled materials. By purchasing products made from 0 recycled content, the City will divert recyclable material from the waste stream. The City i will distribute the rain barrels to City residents and install the recycle content ` lumber/benches in highly visible areas and that will help promote recycled products. The • City will promote these locations in our newsletters and parks brochure as most of these will be installed in heavy recreational use areas. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain pails will continue to conserve water resources for , many years. Task Six: Christmas Tree Collection and Recycling . A)Task Schedule: Winter, 2006/07 r B)Task Activities: • • Task Description - The City will provide collection of Christmas trees in the City i for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days.The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees. • 10 i S C)Task Budget: $8,000.00 i ESTIMATED COSTS 2006 Cost 2007 Cost 2006/07 Total Supplies/equipment $1,300.00 $1,300.00 $2,600.00 Project Staffing $2,700.00 $2,700.00 $5,400.00 . Total $4,000.00 $4,000.00 $8,000.00 D) Task Performance Objectives: - The goal of this program is to achieve greater resource . efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill.This program should result in greater resource efficiency, as it will encourage >� City residents to recycle their Christmas trees rather than disposing of them in their garbage • or at the local transfer station. E)Task Impact Objectives: • As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: • -Number of Christmas trees collected. . -The estimated amount of material diverted from the waste stream. Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will • • Track project expenses; • Provide ongoing grant administration through the completion of the tasks, as • outlined in this Scope of Work; • • Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,980.00 King County WRR Grant 2006 2007 2006/07 Total • 1. Program Management E 80 DO $1,380.00 $2,760.00 2.Project Expenses a.Mileage $150.00 $150.00 $300.00 • b.Supplies $460.00 1 $460.00 $920.00 TOTAL $1,990.00 $1,990.00 $3,980.00 • ll i i • EXHIBIT B • Grant Guidelines Program Eligibility: Grant funds may be used for any of the programs previously funded by the City Optional and Waste Reduction Recycling Programs, including residential and commercial waste reduction and recycling education programs, business assistance programs,and special recycling events. Cities may also use their funds on broader resource conservation programs, as long as they are part of an overall waste reduction/recycling program. Cities may choose to use their funding on one program or a combination of programs. For WR/R program ideas,please refer to the Program . Eligibility section below. Please note these lists are not exhaustive,but merely intended to provide some guidance on . what is/isn't eligible. Cities should also refer to the 2001 Comprehensive Solid Waste Management Plan for direction in program development. If you are unsure if your proposed program is eligible for funding,please call Morgan John (296-8443). Eligible for funding: • School WR/R educationtimplementation programs • Compost bin sales/giveaways • Cooperative grasscyclmg programs i • Grants for turning yard waste and tree trimmings into mulch • • Promotion and education of new solid waste and recycling services • Business recognition programs • Recycling Collection Events, including collection of tires . • Business,WR/R, residential education/communications • Product stewardship initiatives-could be education programs or working with other agenctes/organizations/businesses to implement programs • City recycling programs and facilities 41 Eligible for funding on a case by case basis, as long as program is part of an overall WR/R • Program. However, the County would not provide reimbursement ii', for example, all of a city's grant dollars were used to sell/give away rain barrels or distribute compact . fluorescent light bulbs. • Water Conservation-i.e.Rain Barrels • Energy Conservation • Water Quality: integrated pest management; catch basin filters • Demonstration gardens; interpretive signage, recycled-content park furnishings S • I X111BIT B The following are not eligible for funding: • Collection of garbage,except for residual garbage related to the collection of recyclables Collection of any household hazardous waste items including, but not limited to• • (Cities should pursue funding through LHWMP or CPG) • Treated wood • Paint • • Lead acid batteries • Oil,gasoline,and antifreeze • Florescent lights • Household Hazardous Waste education programs Grant Administration: Requests for Reimbursement: Cities may submit as few as two requests for reimbursement during the funding cycle, with the • first request due by January 31, 2007 and the final request due no later than March 15, 2008 However,cities may submit requests for reimbursement as frequently as quarterly Quarterly requests should be submitted on Apt l 30, July 31, Oct. 31 and Jan 31 of each year, except for the final request for reimbursement,which is due no later than March 15,2008. The Budget . Summary Report Form(Attachment 4) must be used when subtmtting requests for reimbursement. By December 31"of each year of the grant cycle,cities must notify SNVD of their total expenditures for work that has been completed to-date, but for which requests for reimbursement have not yet been submitted. Progress and Final Reports: . Progress reports describing program activities,accomplishments and evaluation results need to accompany each request for reimbursement. A final report describing the outcome of grant- funded activities is due with the final request for reimbursement If, however, the city does not have the results of its program evaluation by the end of the grant cycle, the final narrative report imay be submitted no later than six months after the end of the grant cycle on June 30, 2008. (Note- The final request for reimbursement would still need to be submitted by March 15,2008.) All Progress and Final Reports need to be signed by a city official. Signed reports may be • submitted via facsimile. Amendments. Formal amendments to grant ILAs are not necessary unless the city wishes to make significant • changes to its scope of work and/or budget In geneial, a significant change would be one in which the city wishes to add or delete a task from their scope of work A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e-mail. However, the city should contact the Division when considering changes to their scopes and budgets to determine if a formal amendment is needed. Kent City Council Meeting Date February 21, 2006 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF ECOLOGY COORDINATED PREVENTION GRANT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Coordinated Prevention Grant (CPG) Contract Agreement for 2006-2007 in the amount of$56,907 and direct staff to accept the grant and establish a budget for the funds to be spent within said project. 3. EXHIBITS: Public Works Director's memorandum and Washington State Department of Ecology Coordinated Prevention Grant i 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT . Expenditure? X Revenue? N/A Currently in the Budget? Yes N/A No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i Council Agenda Item No 6E • PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone-253-856-5500 i KENT Fax 253-856-6500 W A S H I N G T O N Address. 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: February 6, 2006 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager SUBJECT: Washington State Department of Ecology Coordinated Prevention Grant • MOTION: Recommend authorization for the Mayor to sign the Coordinated Prevention Grant (CPG) Contract Agreement for 2006-2007 in the amount of$56,907, direct staff to accept the grant and 0 establish a budget for the funds to be spent within said project. SUMMARY: i The Washington State Department of Ecology CPG Contract Agreement to distribute 2006 grant • funds to the City and to implement the City's 2006-2007 CPG tasks as desertbed in the Scope of Work in the grant agreement. S BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact • BACKGROUND The Washington State Department of Ecology Coordinated Prevention Grant is used to fund i Residential and Commercial Waste Reduction and Recycling Programs in 2006-2007, including . Special Recycling and Collection events for collection of hard to recycle items. All materials collected will be recycled and/or reused. r i Mayor Cooke and Kent City Council ] i STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT • Grant No: G0600199,Coordinated Prevention Grant Regular Cycle Agreement. • This is a binding agreement entered into by and between the State of Washington Department of Ecology, • hereinafter referred to as ECOLOGY, and the City of Kent,hereinafter referred to as the RECIPIENT,to carry out the activities described herein. JURISDICTION: City of Kent MAILING ADDRESS: 220 4"Ave S • CITY, STATE,ZIP: Kent, WA 98032-5895 RECIPIENT GRANT COORDINATOR: Robyn Bartelt TELEPHONE: 253-856-5549 FAX: 253-856-6500 E-MAIL: rbartelt@ci.kent.wa.us • RECIPIENT BILLING/INVOICE COORDINATOR: Donna Palmer TELEPHONE: 253-856-5511 FAX: 253-856-6500 E-MAIL: dpalmer@ci.kent wa.us • ECOLOGY GRANT OFFICER: Anna Lewis . TELEPHONE: 425-649-7056 • FAX: 425-649-7098 E-MAIL: alew461@ecy.wa.gov e FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $ 75,876.00 • STATE GRANT SHARE $ 56,907.00 • LOCAL SHARE $ 18,969.00 . STATE MAXIMUM GRANT PERCENT 75 % FEDERAL TAX IDENTIFICATION NO. 91-6001254 • For the purpose of this agreement,the RECIPIENT will be allowed to match the state grant share with cash and interlocal in-kind costs in accordance with application instructions. • This agreement is effective on January 1,2006. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and • risk of the RECIPIENT. This agreement shall expire no later than December 31,2007. Grant No. G0600199 Coordinated Prevention Grant Regular Cycle Agreement . with City of Kent . REGULAR CYCLE SCOPE OF WORK S The project(s)set forth below summarize the RECIPIENT's budget(s)tracked by category, goals and expected outcomes,activities with timeline,method of evaluation,and estimated project cost. *The estimated project cost is for grant officer information only; it will not be used for budget tracking purposes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local i Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. • A. CATEGORY: Residential Waste Reduction and Recycling TOTAL CATEGORY COST: $62,543.00 • 1. PROTECT TITLE: Kent Recycling Collection Events-2006 Summary Description: The RECIPIENT will promote and coordinate two special collection events in 2006. They will take place in the spring and fall and will serve to collect household hazardous waste(HHW)and hard-to-recycle solid • waste. The RECIPIENT will use the events as a venue to distribute educational materials on how to reduce waste and recycle using Kent sponsored or private sector recycling programs. The events may also serve as a venue for distribution of compost bins or other items to Kent residents. • Promotional advertising for the events shall occur in advance of the events through direct flyer mailing, city ! newsletters,newspaper advertisements,and the City's website. Costs for disposal of usable latex paint and uncontaminated used oil in a landfill are not eligible for reimbursement. The costs of processing and disposal of non-HHW materials are not eligible for reimbursement. Small quantity generator waste will not • be accepted at these events. ECOLOGY shall be acknowledged in any published materials for providing funding for this project;copies • of all promotional material shall be submitted to ECOLOGY. Project income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity on Form C2. Goal Statement: The goal of the program is to promote alternatives for Kent residents to recycle and re-use hard-to-recycle • items. This program will help the RECIPIENT promote recycling by diverting recyclable material from the City waste stream. Outcome Statement: . As a result of the Residential Recycling Collection Events,Kent estimates it will divert and recycle 220-250 tons of material from the Kent residential waste stream and serve 2,100-2,300 households. Work Plan and Activities with Timeline: Activity Timeline Milestone Arran e date and site forspring event. Feb-Mar,2006 Receive signed use permit. Arrange event vendors, Feb-Mar,2006 Receive signed participation agreements. 2 of 9 Grant No. G0600199 • Coordinated Prevention Grant Regular Cycle Agreement with City of Kent Event publicity—develop,print,sort, and Feb, 2006 Receive confirmation from post i mailspring event flyer. office. Hold Spring Special Collection Event Mar,2006 Complete event report letter for City. • Recycle materials collected at Spring Special Mar-Apr,2006 Receive weight slips and non-haz • Collection Event waste manifests from event vendors. i Prepare project reports for grant Apr-May 2006 Confirm grantors have received reimbursement. reports. Arrange date and site for fall event. Jul-Aug,2006 Receive signed use permit. iArrange event vendors. Jul-Aug,2006 Receive signed participation • a reements. Event publicity—develop,print, sort,and Sept-Oct,2006 Receive confirmation from post mail fall event flyer. office. • Hold Fall Special Collection Event Oct, 2006 Complete event report letter for City Recycle materials collected at Fall Special Oct,2006 Receive weight slips and non-haz Collection Event waste manifests from event vendors • Prepare project reports for grant Oct-Nov,2006 Confine grantors have received • reimbursement. reports. Method of Evaluation: • The RECIPIENT will provide the following information to ECOLOGY for project evaluation: • The number of event participants-the site greeter will count cars as they arrive. • The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. *Estimated Project Cost: $ 62,543.00 B. CATEGORY: Commercial Waste Reduction and Recycling TOTAL CATEGORY COST: $ 13,333.00 • 1. PROJECT TITLE: Kent Business Recycling Collection Events Summary Description: The RECIPIENT shall conduct two Business Recycling Events. The events shall occur each summer of this grant cycle. Promotional advertising will occur prior to the events through direct flyer mailing to city businesses and on the City's web site. It may also serve as a venue foi distribution of educational materials • on waste reduction and recycling as well as other WRR related items to city businesses. • Residential solid waste and household hazardous waste shall not be accepted at these events. No costs for transportation or disposal of recyclable solid waste are eligible for reunbursement. Collection, handling, and • disposal of non-re-useable or non-recyclable commercial solid waste are not eligible for reimbursement. Additionally,disposal costs for small quantity generator waste are not eligible for reimbursement. 3 of 9 Grant No. G0600199 Coordinated Prevention Grant Regular Cycle Agreement . with City of Kent ECOLOGY shall be acknowledged in any published materials for providing funding for this project;copies of all promotional material shall be submitted to ECOLOGY. Project income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity on i Form C2. Goal Statement: . The goal of the program is to promote alternatives for Kent businesses to recycle and re-use hard-to-recycle items.This program will help Kent promote recycling by diverting recyclable material from the City waste stream. Outcome Statement: • As a result of the Business Special Collection Events,Kent estimates it will divert and recycle 55-65 tons of material from the Kent business waste stream and serve 225-250 businesses Work Plan and Activities with Timeline: Activity Timeline Milestone • Arrange date and site for summer event. June.July, 2006, 2007 Receive signed use permit. Arrange event vendors. June,July,2006, 2007 Receive signed participation agreements. Event publicity—develop, print,sort, June,July, 2006, 2007 Receive confirmation from • and mails ring event flyer. post office. Hold Business Special Collection Event July,August,2006,2007 Complete event report letter for City. . Recycle materials collected at Business July,August,2006,2007 Receive weight slips and non- Special Collection Event hazardous waste manifests from event vendors. Prepare project reports for grant August, September, Confirm grantors have ! reimbursement. 2006, 2007 received reports. Method of Evaluation: The RECIPIENT will provide the following information to ECOLOGY for project evaluation: • • The number of businesses participants-the site greeter will count cars as they arrive. • The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. * Estimated Project Cost: $ 13,333.00 COMMUNICATION ECOLOGY's regional grant officer(grant officer)will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines It is the responsibility of the . RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. 4of9 Grant No. G0600199 • Coordinated Prevention Grant Regular Cycle Agreement with City of Kent BILLING AND REPORTING A payment request consists of Forms A-19,B2,C2 and a progress report. The RECIPIENT must submit a payment • request(with a progress report)at least every 12 months, but no more often than once per month. ' ECOLOGY may require additional voucher support documentation to be submitted with each payment request. The RECIPIENT must keep record of supporting documents in accordance with the requirements outlined in the most . recent revision of Administrative Requirements for Recipients of Ecology Grams and Loans and make these documents available to ECOLOGY staff upon request. • The RECIPIENT must also complete and submit a Final Performance Analysis(FPA) including the effectiveness of • the approaches used and any lessons learned. The FPA must be submitted with the final payment request,unless instructed otherwise by ECOLOGY. The final payment request and the FPA are due February 15,2008 for regular cycle grants REGULAR CYCLE CPG BUDGET CATEGORY TOTAL CATEGORY COST: CPG BASE (174/1109) 1. Residential Waste Reduction and Recycling $62,543.00 • 2. Commercial Waste Reduction and Recycling $ 13,333.00 • TOTAL MAXIMUM ELIGIBLE COST $75,876.00 FUND SOURCE: CPGBASE(1741R09) Maximum Eligible Cost: $75,876.00 FUND _ -GRANT PERCENT(%) STATE GRANT SHARE . Local Toxics Control Account(LTCA) 75% $ 56,907.00 • MATCH REQUIREMENT MATCH PERCENT(%) LOCAL SHARE . Cash Match or Interlocal Costs 25% $ 18,969 00 5 of 9 Grant No. G0600199 • Coordinated Prevention Grant Regular Cycle Agreement • with City of Kent ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible;the RECIPIENT may charge 25 percent of salaries and benefits for time devoted specifically to projects outlined in this agreement. 2. The RECIPIENT contact for billing and invoice questions is: • RECIPIENT BILLINGANVOICE COORDINATOR: Donna Palmer TELEPHONE: 253-856-5511 FAX: 253-856-6500 E-MAIL: dpalmer@ci.kent.wa.us 3. Grant payments should be made payable to: City of Kent • 4. Grant payments should be mailed to this address: . JURISDICTION: City of Kent e MAILING ADDRESS: 220 4''Ave S CITY, STATE,ZIP: Kent,WA 98032-5895 SPECIAL TERMS AND CONDITIONS A. INTERLOCAL AGREEMENTS • If parties other than the RECIPIENT are contributing to the local share of project costs,memoranda of • understanding or other written agreements confirming the contribution must be negotiated. These agreements must specify the exact work to be accomplished and be signed by all parties contributing to the local match of this project. Copies of these agreements shall be submitted to ECOLOGY. • B. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in awarding contracts;RECIPIENTS with no formal procurement procedures must comply with the • "Standards for Competitive Solicitation",found in the most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans. 2. Following execution,at the request of ECOLOGY,the RECIPIENT shall submit a copy of all requests for qualifications(RFQs),requests for proposals(RFPs),and bid documents relating to this grant agreement • to ECOLOGY. . 3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and • applicable state laws The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. . 6of9 f Grant No. G0600199 Coordinated Prevention Grant Regular Cycle Agreement with City of Kent • C. SEPA COMPLIANCE • To ensure that environmental values are considered by the state and local government officials when making . decisions,the RECIPIENT shall comply with the provisions of the State Environmental Policy Act(SEPA), Chapter 41.23C RCW,and the SEPA Rules,Chapter 197-11 WAC. Copies of the SEPA documents shall be sent to: ECOLOGY's Environmental Review and Transportation Section P.O.Box 47703 • Olympia, WA 98504-7703 D. WETLANDS PROTECTION . To comply with the directive of Executive Order 90-04,Protection of Wetlands, all local governments are • requested and encouraged to make all of their actions consistent with the intent of this executive order, specifically,(1)to avoid,to the extent possible, adverse impacts associated with the destruction or • modification of wetlands,and(2)to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. E. FAILURE TO COMMENCE WORK ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to commence • work on any of the projects funded herein within six(6)months after the effective date. F. PROJECT INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity,as required by ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans. G. GRANT REPORTING The RECIPIENT, in conjunction with submission of payment requests,or at the request of the grant officer, • shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and . submit a Final Performance Analysis(FPA). • U PROMOTIONAL AND EDUCATIONAL MATERIALS . A copy of all promotional and educational materials developed as part of this agreement shall be submitted to ECOLOGY concurrent with public distribution. ECOLOGY shall have the right to use any printed materials developed as part of this agreement in any manner ECOLOGY deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral . presentations that result from this agreement. I. AMENDMENTS AND MODIFICATIONS No subsequent modification(s)or amendment(s)of this grant agreement shall be of any force or effect unless . in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this ` agreement; except a letter of amendment will suffice to redistribute the budget without increasing the total maximum eligible cost or to change ECOLOGY's grant officer or the RECIPIENT's grant coordinator or to . extend the period of performance as set forth in this grant agreement. • 7of9 • Grant No. G0600199 Coordinated Prevention Grant Regular Cycle Agreement . with City of Kent • J. It is not mandatory for the RECIPIENT to abide by Part J of the Special Terms and Conditions;however,it is highly encouraged. • MINORITY AND WOMEN'S BUSINESS PARTICIPATION i The RECIPIENT agrees to solicit and recruit,to the maximum extent possible, certified minority-owned • (MBE)and women-owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. . In the absence of more stringent goals established by the RECIPIENT's jurisdiction,the RECIPIENT agrees to • utilize ECOLOGY's goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available tot • the purchase or contract and are as follows: Construction/Public Works 10%MBE 6%WBE i Architecture/Engineering 10%MBE 6%WBE , Purchased Goods 8%MBE 4%WBE i Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE i No contract award or rejection shall be made based on achievement or non-achievement of the goals. • Achievement of these goals is encouraged,however,and the RECIPIENT and ALL prospective bidders or i persons submitting qualifications may take the following affirmative steps in any procurement initiated after +♦ the effective date of this agreement: • 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources . of services or supplies. 3. Divide the total requirements,when economically feasible, into smaller projects or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. • 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises • (OMWBE)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as i appropriate. • The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting each . invoice and on forms provided by ECOLOGY;the information should include. 1. Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. i 2. The total dollar amount paid to qualified firms under this invoice. • • • • 8 of 9 i i • • • • Grant No. G0600199 Coordinated Prevention Grant Regular Cycle Agreement • with City of Kent • • K. ALL WRITINGS CONTAINED HEREIN This agreement,the"General Terms and Conditions",and ECOLOGY's Administrative Requirements for • Recipients of Ecology Grants and Loans,contain the entire understanding between the parties, and there are no • other understandings or representations except as those set forth or incorporated by reference herein. • IN WITNESS WHEREOF,the parties hereby execute this Grant Agreement: • STATE OF WASHINGTON CITY OF KENT • DEPARTMENT OF ECOLOGY • • Cullen D. Stephenson Date Authorized Official Date • Program Manager • Solid Waste and Financial Assistance • Print Name of Authorized Official APPROVED AS TO FORM ONLY • Assistant Attorney General Title • • • • • • • • • • • • • • • • • • • • • • 9of9 • • • • • Kent City Council Meeting Date February 21, 2006 • Category Consent Calendar • 1. SUBJECT: SEATTLE & KING COUNTY LOCAL HAZARDOUS WASTE • MANAGEMENT PROGRAM — AUTHORIZE • 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Local Hazardous Waste Management Program (LHWMP) Grant Contract Amendment in the amount of • $16,943.11 and direct staff to accept the grant and establish a budget for the funds to be spent within said project. • • i • • • 3. EXHIBITS: Public Works Director's memorandum, and Public Health— Seattle & • King County Local Hazardous Waste Management program • 4. RECOMMENDED BY: Public Works Director • (Committee, Staff, Examiner, Commission, etc.) • 5. FISCAL IMPACT • Expenditure? X Revenue? N/A . Currently in the Budget? Yes N/A No If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ • • 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • • • • DISCUSSION: • • ACTION: • Council Agenda . Item No. 6F • • PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone 253-856-5500 i K E N T Fax 253-856-6500 Address 220 Fourth Avenue S i W A S H I N G T O N Kent,WA 98032-5895 DATE: February 6, 2006 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director • THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager SUBJECT: Public Health—Seattle & King County Local Hazardous Waste Management Program MOTION: i Recommend authorization for the Mayor to sign the Local Hazardous Waste Management Program (LHWMP) Grant Contract Amendment in the amount of $16,943.11, direct staff to • accept the grant and establish a budget for the funds to be spent within said project. SUMMARY: • The Public Health—Seattle &King County LHWMP Grant Contract Amendment updates the City of Kent's 2006 LHWMP grant agreement to distribute 2006 grant funds to the City and to continue the implementation of the City's 2006 LHWMP tasks as described in Exhibit I-3, Scope of Work. • BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND • The Public Health— Seattle&King County LHWMP grant is used to fund Special Recycling . and Collection events for residents and business for the collection of hazardous waste, including motor oil, motor oil filters, petroleum based products, antifreeze,batteries, computer monitors, TVs, CFCs and other materials. All materials collected will be recycled. Mayor Cooke and Kent City Council 1 CONTRACT AMENDMENT Page 1 of 4 Pages • PROJECT NAME Local Hazardous Waste CONTRACT NO. D32779D Management Program DATE ENTERED 1/1l03 • CITY City of Kent AMENDMENT NO. 3 ADDRESS 220 4h Avenue South Kent, WA 98032 DATE ENTERED 1/1/06 AMENDMENT REQUESTED BY,, ,"- AMENDMENTAFFECTS SKCDPH _ 'Scope of Services Organization ® Time of Performance _ P. Shallow ® Compensation Name ® Terms and Conditions 1. AMEND Contract Amount TO READ $73,090.66 2. AMEND Contract Period TO READ From January 1, 2003 TO December 31, 2006 • 3. AMEND "funding block" TO READ FUNDING SOURCE FUNDING LEVEL EFFECTIVE DATES Local Hazardous Waste Fund $73,090.66 1/1/03— 12/31/06 • 4. AMEND Section 11. DURATION OF CONTRACT • and shall terminate on the 3151 day of December 2005... TO READ ---and shall ten-ninate on the 3151 day of December 2006... 5. Exhibits I and II shall each be amended by adding the attached Exhibits 1-3 and II-3. • All other terms and conditions of the original contract and Amendments 1 and 2 shall remain unchanged. • IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first written. KING COUNTY, WASHINGTON CITY • FOR King County Executive Signature = Date Name(please type-or print) Date EXHIBIT 1-3—Scope of Work & Responsibilities • CITY OF KEN`l' D32779D-Am. 3 MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2006 ACTIVITIES The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997, • was adopted by the partner agencies(King County Solid Waste Division,Seattle Public Utilities,King County Water and Land Resources Division and the Seattle-King County Department of Public Health) • and cities located in King County, The Washington State Department of Ecology in accordance with RCW 70.105220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program(hereafter referred to as the"Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding • of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee(hereinafter referred to as the"MCC") This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. • Scone of Work The City of Kent will organize two citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled:motor oil, motor oil filters, petroleum based products,antifreeze,batteries,computer monitors,TVs,CFCs and other materials if • determined to be cost effective. • Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The City • 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator_ Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or • services as approved by the MCC. • 2. For reimbursement the City shall submit the following to the Contract Administrator: • a) An invoice(see Exhibit II). Invoices should be sent to the Contract Administrator for approval and payment. • b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names,a description of services provided, date paid and a check or warrant number. • 3. The City shall notify the Contract Administrator no later than December 15'h regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. • 4. It is the responsibility of the City to comply with all applicable county,state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity,by type,of moderate risk waste collected using . Program funds. The City shall also provide the Contract Admnistrator with copies of EPA's Non- • Hazardous Waste Manifest or simdar form,associated with the transport of moderate risk waste collected through Program-funded events 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities • associated with the City's events or in any other way associated with activities conducted within the scope of!his Contract. In the event of a spill or other emergency,the City is responsible for eomplymng with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds The intent of this provision is to further strengthen this regional partnership in the public's mind • 7. The City agrees to provide the Program with copies of all media material produced for local • hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Robyn Bartelt at the City of Kent,220 e Ave. S,Kent,at(253) • 856-5549, (rbartelt@ci_kent.wa.us)or her designee 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Administrator for • resolution. B. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall adnunister,via the attached Contract,the • transfer of Program fiords to the City for hazardous waste management events and activities. 2. Within forty-five(45)days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. • The Contract Administrator will not authorize payment for activities and/or expenditures that • are not included in the scope of work,unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of expenditures for which • reimbursement is being requested)or are not consistent with the submitted scope of work. C. Program Contacts • Ken Armstrong Paul Shallow LHWMP Program Administrator L14WMP Contract Administrator 150 Nickerson Street, Suite 100 999 Third Avenue, Suite 700 • Seattle,WA 98109 Seattle,WA 98104 206-352-8163 206-296A751 ken.armstrong@metroke.gov paul.shallow@metroke.gov EXHIBIT II-3 D32779D-Am.3 Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM Front, The City of Kent 220 4'h Ave S Kent,WA 98032-5895 To, Paul Shallow,LHWMP Contract Administrator • Seattle-King County Department of Public Health 999 3rd Avenue, Suite 700 Seattle,WA 98104 • Contract#D32779D Period of time: ,2006 to 2006. In performance of a signed Contract between King County and the City of Kent,I hereby certify that the • following expenses were incurred during the above-mentioned period of time. Signature Date • Component Budget Current Expenses Previous Charges Balance • Description HHW Education • HHW Collection $16,943.11 . Other(describe) TOTAL $16,943.11 For Health Department Use Only • Local Hazardous Waste Management Program Approval: Paul Shallow Date • Kent City Council Meeting Date February 21, 2006 Category Consent Calendar i 1. SUBJECT: ROCK CREEK HABITAT CONSERVATION PLAN BUDGET— AUTHROIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment (change order 2) with R2 Resource Consultants for $302,324.11 to complete the Clark Springs Habitat Conservation Plan and Environmental Impact Statement upon concurrence of the language by the City Attorney and Public Works Director. • 3. EXHIBITS: Public Works Director's memorandum and Rock Creek HCP Budget 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure? X Revenue? N/A • Currently in the Budget? Yes N/A No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ • 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G • • • PUBLIC WORKS DEPARTMENT • Larry Blanchard, Public Works Director • Phone 253-856-5500 • K E N T Fax 253-856-6500 W A S H I N O T O N Address 220 Fourth Avenue S • Kent,WA 98032-5895 • DATE: February 6, 2006 • TO: Public Works Committee FROM: Larry Blanchard, Public Works Director • THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager • SUBJECT: Rock Creek HCP Budget • • MOTION: Recommend authorizing the Mayor to sign an amendment (change order 2) with R2 • Resource Consultants for $302,324.11 to complete the Clark Springs Habitat Conservation Plan • and Environmental Impact Statement upon concurrence of the language therein by the City Attorney and Public Works Director. • • SUMMARY: This contract is an amendment(change order 2) and will provide the City of Kent • highly technical assistance on the completion of the Habitat Conservation Plan (HCP) and the development of the Environmental Impact Statement(EIS) required for the issuance of an • Incidental Take Permit from the US Fish and Wildlife Service and the National Marine Fisheries • Service(Services) for the Clark Springs Water Source. • BUDGET IMPACT:There will be no unbudgeted fiscal impacts as a result of this contract. • BACKGROUND In January 2001,Kent City Council directed staff to complete an HCP for • the Clark Springs Facility. From 2001 —2003 technical studies were completed for use in the • development of the HCP Since December 2003, staff and the City's consultants have been drafting the HCP and negotiating details with the United States Fish and Wildlife Service and the National Marine Fisheries Service (Services). A preliminary Draft HCP is nearing completion. • Upon completion of the preliminary Draft HCP, the document will be distributed for an informal . public comment, and the EIS process will begin. A Draft EIS will be written and sent out for a public comment with the draft HCP, pursuant to the National Environmental Policy Act(NEPA). The Services will respond to comments, followed by the issuance of a Final EIS and Final HCP. Upon completion of those steps an Implementation Agreement will be signed, which requires the • City to implement mitigation measures identified in the HCP. At the same time the Incidental • Take Pen-nit will be issued to the City. The original scope with R2 Resource Consultants(R2) signed in December 2003 for$250,000 • was to complete the HCP and contemplated the EIS. This contract with R2 specifically stated • that additional sub-consultants to R2 or other consultants provided by the City would be required to finish the EIS. In addition, the level of effort to complete the HCP was greater than anticipated in the contract. Additional funds to complete the HCP process are needed as a result • due to: • Mayor Cooke and Kent City Council I 1) The original contract did not call for a preliminary review draft. However as a result of a request from the Services to review each chapter, a series of preliminary review drafts were required. 2) Upon review of the draft preliminary chapters of the HCP, the Services requested • meetings to discuss comments. This resulted in additional time and materials for the • consultants that was not anticipated. 3) The number of meetings anticipated with the internal HCP team was underestimated due to several complex hydrogeological and biological issues. Though an additional process was included to the HCP development at the request of the Services,this has added benefit to the City. This has allowed the Services to learn about the Clark Springs Facility and the Rock Creek watershed early in the process. This will alleviate a substantial re-write of the HCP during the EIS process. In addition, the informal comments • received on the preliminary Draft HCP will be useful in determining what comments may be • received during the EIS process, improving the efficiency of the Kent staff, consultants and the Services. The City anticipated additional consultant work would be needed to complete the EIS. The • contracts and scopes could not be determined until the HCP was nearly complete and the Services evaluated the extent and thoroughness of the subjects they would require the EIS to cover. Since the ETS will be the Services' document, they have the right to require studies and documentation as they deem necessary. The HCP team met with the Services' EIS personnel to • discuss beginning the EIS process. At this meeting, the EIS scope was discussed and the Services outlined what is needed. This scope resulted in the requirement to hire sub-consultants as well as increase the EIS scope and budget for R2. To complete the HCP and EIS, the amendment to the contract total is $302,324.11. Mayor Cooke and Kent City Council 2 • • • • � KENT • WPS.J.GTOU • CONSULTANT SERVICES AGREEMENT • between the City of Kent and • • R2 Resource Consultants, Inc. • • THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation • (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 95th St., Redmond, WA 98052-2518, Phone. (425) 556- • 1288/Fax: (425) 556-1290, Contact: Dudley Reiser(hereinafter the "Consultant") • I. DESCRIPTION OF WORE. • Consultant shall perform the following services for the City in accordance with the following described • plans and/or specifications: • • The Consultant shall be providing some additional work to the Habitat Conservation Plan and • complete t he associated Environmental Impact S tatement. For a d etailed d escription,s ec t he • Scope of Work which is attached as Exhibit A and incorporated by this reference. • • Consultant further represents that the services furnished under this Agreement will be performed in • accordance with generally accepted professional practices in effect at the time those set vices are performed. • • IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this • Agreement,Consultant shall complete the work described in Section I by June 30, 2008. • • III. COMPENSATION. • A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three • Hundred Two Thousand, Three Hundred Twenty Four Dollars and eleven cents ($302,324.11) • for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior • written authorization of the City in the form of a negotiated and executed supplemental • agreement. The Consultant agrees that the hourly or flat rate charged by it for its set-vices • contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in • Exhibit A. • B. The Consultant shall submit monthly payment invoices to the City for work performed, and a • final bill upon completion of all services described in this Agreement. The City shall provide • payment within forty-five (45) days of receipt of an invoice. It the City objects to all or any • portion of an invoice, it shall notify the Consultant and reserves the option to only pay that • • CONSM TANT SERVICES AGREEMENT-I (over S10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- • Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and • direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V, TERMINATION. Either party may tenninate this Agreement, with or without cause, upon • providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of • Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the • Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the • Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute tine attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative • Policy 1?, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers lnarnnless from any and all claims, injuries, damages, losses or suits, • including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of tine injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to • avoid any of these covenants of indemnification. Should a court of competent jurisdiction determme that this Agreement is subject to RCW 4.24.115, • then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused • by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF • THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE • MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement. • VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 13 attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over�1 QOUO) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work- under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the • Consultant_ Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. • XI. CITY'S RIGHT O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement,the work m ust m eet the a pproval o f t he C ity and shall b e subject t o t he C ity's general r ight o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be . done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, • or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. • A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are tenable to settle any dispute, • difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving • that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' • performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to lunit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the r addresses listed on the siguiature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, • and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such • other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREF-MENT-3 (Over,$10 000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further asslgluuent shall be made without additional written consent. • F_ Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Aueement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shalt supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or fanning a part of or alter mg in any manner this Agreement. All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal • laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, • equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF BENT: • By: By: (signature) (s+gunurre) Print Name: Print Name: Suzette Cooke Its Its Mayor • (Yule) (Cale) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dudley Reiser Larry R. Blanchard R2 Resource Consultants, hie. City of Kent S 15250 NE 95th Street 220 Fourth Avenue South Redmond, WA 98052-2518 Kent,WA 98032 (425)556-1288(telephone) (253) 856-5500(telephone) (425) 556-1290(facsimile) (253) 856-6500(facsimile) APPROVED AS TO FORM: Kent Law Department R2 Resource-habitat Consery Plan&EIS/Peterson • CONSULTANT SERVICES AGREEMENT-4 (Over 510,000) • DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is conunitted to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of • the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier • willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; • The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age,or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. r 4. During the time of the Agreement I, the prime contractor,will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime r Contractor,that the Prime Contractor complied with the requirements as set forth above. i By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200 . By For: Title: . Date: EEO COMPLIANCE DOCUMENTS- I s CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Bent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity . within their organization and, if holding Agreements with the City amounting to $10,000 or more within any • given year,must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal • opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or • termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments_ 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are . familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. r EEO COMPLIANCE DOCUMENTS-2 ` • • • • • CITY OF KENT • EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT • • ! This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the ! Agreement. I,the undersigned, a duly represented agent of Company, hereby • acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement • ! known as that was entered into on the (date) , • between the firm I represent and the City of Kent. ! I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent • Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part • ! of the before-mentioned Agreement_ • ! Dated this day of ,200 • By: ! For: • Title: ! ! Date: • ! ! • ! • • EEO COMPLIANCE DOCUMENTS-3 • EXHIBIT A • • SOW—R2 Resource Consultants Jauuarj,31, 2006 • • CLARK SPRINGS WATER FACILITIES • Cii'r OF DENT HABITAT CONSERVATION PLAN -REQUEST FOR SUPPLEJ1 VT4L BUDGET- • R2 Resource Consultants • R2 Resource Consultants,Inc.(Contractor)has been assisting the City of Kent(City)in the preparation of a Habitat Conservation Plan(HCP)and Environmental Impact • Statement(EIS) for their Clark Springs Water Facilities Project. The overall objective of this work is to obtain an Incidental Take Permit(ITP) from the Services(NOAA • Fisheries,U.S.Fish and Wildlife Service)that will afford protection to the City for the ' continued operations of the Clark Springs Facilities under Section 10 of the federal Endangered Species Act(ESA).This work is being coordinated with the Thompson Smitch Consulting Group (TSCG)who is also under contract to the City. R2's original Statement of Work-(SOW)was submitted in November 2003 and identified seven(7) tasks needed to support preparation of the I-1CP and EIS_ The TSCG defined three phases involved in securing an ITP via an HCP,including a Negotiation Phase • (Phase 1), an EIS Management and Preparation Phase(Phase 2), and a Signing Phase (Phase 3) The first four tasks of this SOW are considered part of Phase One Activities, • and the last three tasks are part of Phase Two. R2's original budget focused on activities related to the first two phases.The tasks included. • • Task I —Existing Information Analysis • • Task 2—Agency Meetings/Field Reconnaissance • • Task 3—Stakeholder Meetings • Task 4—Preparation of HCP • • Task 5—Preparation of EIS • • Task 6—Assist with Preparation of Implementing Agreement , • Task 7—Ad Hoc Meetings and Respond to Technical Issues • As of September 7,2005,R2 has essentially completed Task 1 and major portions of • Tasks 2, 3,and 4. A Preliminary Draft 11CP is nearing completion(1"drafts of Chapters • 1-6 have been completed) However,a number of tasks have requii ed a greater than anticipated effort to complete resulting in the need to request supplemental funds to • support IZ2's continued assistance to tl�e City of Kent in completing the HCP. A • aCSCC\fit\0\\o�3\��VS��iCattoRfoc acl�,�t�ona\6int\s to sup��oct��iese tasks is pcese»ted • • SC�� o.�ti�.c��o� • ��- t��`atet� csc�ca�\e • \SO�q is to a�[S foe�l�c�c around a string • '�1»S�uPp�2lae�2t�on of anl�c��n ed andb n��ea ��e�Czp was develop . men<\n AU4 SOW—R2 Resource Consultants January 31,2006 i that targeted the preparation of an HCP and EIS by late 2004-early 2005,with acquisition of an ITP in early to mid-2005. However, a number of technical issues were identified as . part of Task t analysis that needed to be addressed prior to proceeding with the initial • drafting of the HCP. This required substantially more meetings with the City of Kent and other contractors,and increased(because of a prolonged schedule) the number of meetings with the Services. A brief description of these issues is provided below. Task I. Existing Information Analysis Under this task,R2 identified,compiled,assembled and reviewed information and data • relevant to the Rock Creek watershed and specifically to the operations of the Clark Springs Water Facilities Project. R2 specifically reviewed other studies completed on the Rock Creek watershed including those related to: S • Hydrology Analysis (Hart Crowser) • Hydrologic Model (HSPF) Analysis(MCS Engineering) • Geomorphology Analysis (Pentec) . + Groundwater Flow Model(MODFLOW)Analyses(Hart Crowser) • + Fish Habitat Survey(Pentec) • Fish Surveys—Juvenile Salmonids(Pentec—MCS) • Instream Flow Study(Instream Flow Incremental Methodology—IFIM)(MCS— Hart Crowser) • • Spawning Surveys(IOCS) R2's preliminary review of the existing information suggested that additional,detailed studies would not be required in order to move forward with the HCP,and developed a budget to complete this task accordingly.However, the detailed review process identified two areas for which additional technical analysis were required and which were not • included in the original budget. These included: • Refinements in Hydrology and HSPF modeling—R2 identified several inconsistencies in the HSPF model calibration process that required additional evaluation The review process included a detailed review of the hydrology data used in the HSPF modeling,refinement of lire hydrology data sets, and . review of subsequent HSPF model output. Close interaction including at least 4 meetings with the City of Kent and MGS-Engineering were required The overall review and refinement process spanned a period of approximately three months during which time R2 scientists (Alan Olson) and Senior i Engineer(Michael Ramey)worked close with the City of Kent(William • Wohnski and Kelly Peterson)and MGS-Engineenng(Bruce Barker). • • PHABSIM Review, Site Reconnaissance,and Additional Data Collection — • as part of tine PHABSIM review,R2 completed a site reconnaissance with Michael McDowell of MCS Environmental During this trip,R2 identified the need to collect additional PHABSIM data to more fully represent the full range of habitat types present in Rock Creek. R2 subsequently developed a City of Kent-Clark Springs HCP 2 • s SOW—R2 Resource Consultants Januar,31, 2006 • s scope of work to complete this additional data collection and analysis and to integrate into the other transect information. The City of Kent provided s supplemental funds to complete this work.However, this resulted in the need for further adjustments in the schedule,as well as to present new PEIABSIM results to the City of Kent and the Services. s • Low Flow Operations Test. During late-July 2004,R2 recommended that Kent conduct a Iow flow operations test to compliment the moderate flow operations tests that were conducted previously. These tests occurred over a 4-day period during the last week of July. The unanticipated tests,analysis, • and meetings resulted in a better understanding of how water supply • withdrawals and augmentation affect stream flows in Rock Creek under low flow conditions. R2 completed the detailed review of hydrology,HSPF model refinements,the site visit • and study plan development,and the low flow operations test tinder the overall original s budget for the project. . No additional budget requested. s Task 2, Monthly Technical Meetings and Task 3.Stakeholder Meetings i R2's original budget was based on completion of monthly technical meetings over a 12 . month period; a total of 12 meetings scheduled. Costs were based on attendance by the Project Manager at 6 meetings; all 12 meetings by the Deputy Project Manager. In s addition,4 half-day (4 hour)meetings were scheduled and budgeted to be attended by both the Project and Deputy Project Manageis for attendance at Stakeholders meetings. ' To date, R2 has participated in 47 meetings that include the meetings with the City of • Kent and contractors to address the issues noted under Task 1,as well as Stakeholder meetings(2),meetings with the Services to present technical results and review draft sections of the HCP, as well as internal meetings with TSCG and City of Kent. . Cost to Complete Budget Request—Meetings Since work is still ongoing on the HCP and will continue with the preparation of the EDS, • additional Technical Meetings will be required. At this time,we anticipate requiring a minimum of an additional 10 meetings to be attended by the Project Manager and Deputy Project Manager to support the HCP.These will include meetings with the Services and • two Stakeholder meetings. Requested costs for 112's continued support at HCP meetings are-$18,006.50. This amount does not include meetings related to preparation of the EIS,which will be s covered under Task 5. • s Task 4. HCP Preparation • s City of Kent-Clark Springs HCP 3 s s s s SOW—R2 Resource Consultants January 31,2006 As originally scoped,scheduled and budgeted,this task was to provide for the preparation of both a Public Review Draft and the Final HCP for the Clark Springs Water Facilities. • However, the unforeseen delays noted above have prolonged the preparation of the Public Review Draft,although it is nearing completion. Moreover,portions of the budget onginaliy assigned for this task were needed to address the technical issues,as well as to allow preparation and attendance at the greater than anticipated number of technical meetings. As a result, we have expended the budget for this task Cost to Complete Budtet Request—HCP Preparation R2 has completed and submitted pre] nunary drafts of Chapters 1-5 to the Services. • Chapter 6 has been submitted to the City of Kent for review and subsequent to incorporation of edits,will then be sent to the Services for review. Chapters 7 and 8 will be completed in October-November. Thus, we anticipate an initial Public Review Draft will be completed in early January. A public review and comment period will occur in early 2006,and R2 will need to respond to comments and prepare a Final Draft HCP to mid-2006. Supplemental costs for R2 to complete the Public Review Draft and the Final Draft HCP are estimated at$44,214.00. Task 5. Prepare EIS R2 has not commenced work on the EIS,pending completion of the Public Review Draft of the HCP. However,R2 has recently used a small portion of the original Task 5 Budget to support continued attendance at meetings(See above)and preparation of sections of the HCP. Cost to Complete Budact Request—ETS Preparation • On October 7,2005,Alan Olson(R2),Jon Hale (Jones and Stokes),and Ted Gresh (Jones and Stokes)met with City of Kent staff(Mike Mactutis,Kelly Peterson,Dave Brock,and Brad Lake)to discuss the EIS process and a proposed team for completing the process(Figure 1) Proposed subcontractors to complete preparation of the EIS include the following consulting firms: • Jones and Stokes—Project management;National Environmental Policy Act (NEPA) cooidmation,soils, and socioeconomics • Biota Pacific—Wildlife,botanical,and wetlands(the latter two resource areas to be subcontracted to Smayda Environmental Associates,Inc.) • • Heritage Research Associates(HRA)—Cultural Resources • • Karen Burns,Technical Editor t' City of Kent-Clark Springs HCP 4 • i SOW—R2 Resource Consultants January 31, 2006 i • i r" US�FWSyy ." R2-R2 Resource Cansollanti,Inc • .I&S-Janes and Stakes BP-Aiota Paclfir ;'+:'-Pr01 CCt 1'�'faJ)Age);' HRA-Historical Research Associates Ted Gresll(.fagS) SEA-Smayda Euvlroan*ental Assoe*afm `,,;5��ppiiemtfRel7�w�a'��r ` �rfncpal-tp-C6arge�z� IFtlkc Maclulis-City of Kent Dudley Reiser(R 2) Kelly Pete*son-City of Kent • BIadLake-CityofKent �Akt�;dtisor Dave Brock-City of Kent .Ion Hale(J&S) Pr[iiitg Cnntracenrtz- ,Reprelit tefive,?,,. _ Blau Olson(R2) • a vp La °y,fio.Dsi ;.', echoical Re'soviegras,� ' i-t�V'Document Ptep ara(fon a�'�a�'; ,W�y` + ^ oord(nation/ Fish and Aquattea-Maa Ohnt,(R2) �`'`i k � onvolvelnent.,, Ii)droing)1NVQ-Clad Aader(R2) Fdtlor-Karen Aarns Soi-m"onottuc-A Renmct,(.I&S) Ted Gresh(J&S) GcologylS All-(J&S) GI aphicv-Karst Ohtcr(142) • TermlI tal-Doug R'otultt Intl%(RP) GIS-Joetta 7ahlnlney(R2) Cut luml Resources-Cad Thompson(HRA) • WettaadVIRalanical-Kathv Smavda ISEA) • Figure 1. Organizational chart for completing the Clark Springs HCP EIS. i • • • • • • • • City oflient-Clark Springs FICP S • • • • i i SOW—R2 Resource Consultants January 31,2006 • Ted Gresh of Jones and Stokes is proposed as the EIS project manager. We propose a i non-R2 staff member as project manager for two primary reasons. First, the NEPA . coordinator for the Services,Katlic Hawe, strongly recommended that the HCP project • manager and EIS project manager be different people because of the potential perception of conflict of interest by stakeholders and because the level of effort that would be needed to revise both the draft HCP and draft ETS simultaneously to final documents . would be high. Second,Mr. Gresh and Jones and Stokes have substantial experience managing EISs with the Services. As project manager,Mr.Gresh will be the principal contact between the Services and the EIS preparation team and will be responsible for • directing the technical authors and staff assigned to EIS document preparation Nevertheless,R2 as the primary contractor will have overall responsibility for delivery of the EIS product. Consequently,R2 proposes to include an R2 staff member,Alan Olson, . as R2's representative during all strategic EIS decisions and to assure that coati act i scopes,schedules,and budgets are followed_ Mr.Olson will be ce'd on all emails between EIS team members and between the EIS team and the Services or provided brief summaries of substantive telephone discussions,but is not intended to participate(except as the fish and aquatics technical lead)unless needed to help resolve issues that develop. On October 10'h,Kelly Peterson requested that R2 and other EIS team contractors • prepare scopes of work(SOWS) and budgets for completing the EIS. This proposal responds to that request for work to be completed by R2 and other EIS team contractors. The proposed scopes of work,budgets,and resumes for Jones and Stokes, Biota Pacific/SEA,HRA,and Karen Burns are attached to this proposal. Except where i specifically noted, the remainder of this SOW only discusses work to be performed by R2 • Under the original SOW and budget for the HCP/ETS(dated November 18,2003),R2 estimated in EIS task budget(Task 5)of$51,933. Since that time,R2 has re-evaluated the subtasks that would need to be completed as part of the EIS and level of effort that would be needed to complete these subtasks. A number of factors have been considered . in this re-evaluation: • Experience acquired during preparation of the HCP has indicated the project is i more complex than originally anticipated; • The timeline for completing the project is longer than originally anticipated and has resulted in the need to escalate staff billing rates; • There is a better understanding of the level of resource areas,NEPA coordination, and technical editing needed to complete the EIS compared to the original SOW • and budget; • The Service's desire that the EIS/NEPA coordinator be different than the HCP coordinator;and ! • Costs related to managing subcontractors were not anticipated in the original • SOW and budget. i The following outlines the 7 subtasks to be completed by R2 as part of the overall EIS. • City of Kent-Clark Springs HCP 6 f SONS—R2 Resource Cousulfants January 31,2006 Subtask 1. Meetings. This subtask assumes 14 meetings with the City of Kent,TSCG, and/or the Services(average of 6 hours per meeting,except 3 meetings with the City of Kent to be conducted by telephone averaging 3 hours per meeting). Subtask 2. Scoping/Alternatives. Jones and Stokes will have tine lead role in r conducting public scoping,preparing a scoping report, and preparing descriptions of the Alternatives. R2 effort is limited to reviewing these documents and attendance at one public scoping meeting We assume there will be no more than 3 Alternatives(No Action,the Proposed HCP,one Alternative Action)considered for the EIS. Subtask 3. Draft EIS Preparation. R2 will prepare the Chapter 3 (Affected Environment)and Chapter 4(Environmental Effects)sections for Fish and Aquatic Resources and Hydrology/Water Quality. R2 will lead the effort for preparing Chapter 5 . (Lists)with support from technical resource authors. R2 will conduct all necessary GIS • analyses and map preparation for all resource areas We assume the Fish and Aquatic Resources and Hydrology/Water Quality sections for Chapter 3 will be drawn primarily f from the HCP and require little development of new materials. In contrast,depending upon the Alternatives selected for analysis in the EIS,the Hydrology section of Chapter 4 may require additional HSPF modeling and analysis of alternative effects on hydrogeology,which are not included in this proposal. If in the future it is determined • that additional HSPF modeling and hydrogeological analysis is needed,we recommend • that the City of Kent utilize experts already familiarized with the project(i.e.,Bruce Barker of MCS Engineering and Michael Kenricks of Geoengincers) R2 proposes to • help the City of Kent in the coordination of these additional technical analyses, if they are • necessary. Jones and Stokes will take the lead in the preparation of Chapters I (Purpose and Need),Chapter 2 (Alternatives),and the Summary Jones and Stokes will also have overall responsibility for document coordination of resource sections and individual . chapters in the overall document_ As the prime contractor for this EIS, R2 will participate in all strategic decisions made during preparation of the document and will support Jones and Stokes in the coordination of the document prepatation by being i available for meetings, telephone discussions,and emails between Jones and Stokes and • technical specialists. Subtask 4. Public Comments. Jones and Stokes will be taking the lead in organizing ' public continents received following release of the DEIS. We assume approximately 100 comments in 30 to 40 comment letters will need to be addressed. R2 staff will support this effort by addressing comments related to Fish and Aquatic Resources and Hydrology/Water Quality and supporting Jones and Stokes in coordinating comment responses among ncsource staff and the Services. Depending upon the natute of the comments,some outside technical support(e g.,Michael Kenrrcks)or support from the City of Kent may be needed to address comments concerning the hydrogeology in the basin,HSPF modeling, or the City's water supply operations. Subtask 5. Final EIS R2 staff will implement revisions to the DEIS for sections they • P1epared(i_e ,Fish and Aquatics and Hydrology)as part of preparing the Final FIS. R2 will also lead the revisions needed for Chapter 5 (Lists)with some support from technical ON of Kent-Clark-Springs HCP 7 . SOW—R2 Resource Consultants January 31, 2006 • resource leads,as necessary. Similar to Subtask 3, R2 will participate in strategic decisions and support Jones and Stokes in coordinating revisions to be completed R2 will also have overall responsibility for document production. Subtask 6. Record Of Decision Jones and Stokes will have primary responsibility for . preparation of the ROD. R2 effort is limited to reviewing this document. y� Subtask 7. EIS Project Management. This task includes estimated effort for R2 staff �I representation during NEPA coordination(4 hours per month). R2 has also included . under this subtask effort for project administration and clerical work • EIS Schedule and Deliverables • Table 1 provides an overall proposed timelme for completing the EIS and Record of Decision(ROD). The schedule assumes that the EIS team has approval to start work by March 6,2006 and the Notice of intent is published by May 29,2006. Table 2 provides a list of work items, deliverables, and proposed completion dates The overall anticipated . completion date for the EiS and draft ROD is December 2007. The Services may need an additional 45 to 60 days to publish the ROD. The project schedule assumes: . • The Services will need 10 weeks to revise and publish the NO[ . • 3-week review periods by Kent and the Services for each draft section • 3-week revision periods by the consultant team • A ininimum 60-day public comment period for the draft EIS Cost to Complete EIS Budget Request Tables 2a and 2b provide an effort and cost breakdown for each of the Subtasks outlined above. Our total estimated cost for R2's rote in completing the Clark Springs lVater Supply HCP EIS is$92,830.50. The total estimated cost for completing the EiS is $277,641.50 of which $184,811 are for subconhactor costs and markup on subcontractor costs. Additional assumptions concerning the supplemental budget request include: • For the Draft EIS and Final EIS Costs we assume production of two complete review documents and one complete public document for each Electronic • versions in PDF format will also be created for the public document. • • Costs do not include copying, binding,or shipping of the public DEiS or FEiSi. • Review comments on a draft document by different staff from the Services are consolidated in a single document. . • Review comments on a draft document by different staff from the City of Kent • are consolidated in a single document. • Each review consists of one round of comments and revisions. Costs for pnntaig and distributing copies of the EIS are usually the responsibility of the applicant(rather • than the Services) The applicant may choose to use the federal Government Printing Office Ora connicicial pimter Tnm-around tune is generally more rapid tlirougli a commercial printer. • City of Kent-Clark Springs HCP 8 r SOW—R2 Resource Consultants January 31, 2006 • Markup is 10 percent on expenses and subcontractor costs , • No substantial delays(i e.,more than one or two months)will occur in the schedule. Task 6—Assist With Implementing Agreement R2 shall work closely with the TSCG in preparing an Implementing Agreement(IA)for the HCP_ Cost to Complete IA Budeet Request To date no effort has been expended on this task. The expected cost to complete is • $4,614.50,approximately the cost estimated during the original proposal. • Task 7—Ad Hoc Meetings and Respond to Technical Questions S This task has been expended. , No additional budget requested at this time. • Total Costs to Complete the Project The total cost to complete each task of the project estimated as of August 31,2005 are: COSTS -Total Cost to Complete Costs by Task are: • Task 2—Monthly Agency Meetings- $15,527.00 ! • Task 3—Stakeholder Meetings: $2,479.50 • Task 4— HCP Preparation: $44,214.00 • Task 5— EIS Preparation: $277,641.50 a • Task 6—Implementation Agreement.4,614.50 Project Cost To Complete Total $344,476 50 As of November 30, 2005 Task balances totaled$20,017.31 and$22,125.08 dollars were expended between August 31 and November 30,2005. Consequently,the Total Supplemental Budget Request is$302,324.11. See attached Tables 1 and 2 for a detailed cost breakdown. • s i f Chlr of Kent-Clay$Springs HCP 9 . • • SOW—R7 Resource Consullanis January 31, 2006 • • Table 1. Proposed EIS Schedule. . Date of Work Item Deliverable Completion • Subtask 2 FR Notice of Intent Draft FR Notice to Services March 17,2006 • Notice of Intent Published May 29,3006 . Scoping Report Sco ring Report to Kent and Services July 14,2006 Alternative Desert ito is Alternatives to Kent and Services July 28,2006 Subtask 3 Prelumnaty ADEIS to Kent 3 wk review Aril 7,2006 Draft Chapter 1 (Purpose and Need) Pi elimmmy ADEIS to Services(3 wk May 19,2006 review Preliminary ADEIS to Kent 3 wk review August 18,2006 . Draft Chapter 2(Alternatives) Preliminary ADEIS to Services(3 wk Sept 29,2006 • revie)FV) Draft Chapter 3(Affected Pre] mma ADEIS to Kent 3 wk review Aril 28 2006 Envu omnent) Preliminary ADEIS to Services(3 wk June 9,2006 review • Draft Chaptei 4(Environmental Preliminary ADEIS to Kent 3 wk review Sept 8,2006 Effects) Preliminary ADEIS to Services(3 wk October 20,2006 review • Administrative DEIS ADEIS to Services 5 wk review) December 1,2006 Camera-ready DEIS and draft Notice Camera-ready and draft NOA to Services January 26,2007 of Availability Draft EIS Production and Public Release February 23,2007 Pubitc Comment Ends 60 days) A int 24,2Q07 i Subtask a Draft Comment Sunmiary Draft Comment Summary to Kent and May 15,2007 Services 3 wk review) Final Comment Summary Final Comment Summary to Kent and June 26,2007 Services Subtask 5 Prelumnary Administrative FEiS Preliminary AFEIS to Kent(3 wk review) July 20 2007 AFEIS AFEIS to Services(3 wk review) Set 7,2007 Camera-ready FE1S and NOA Camera-ieady FE1S and draft NOA to November.2, Services 2007 • Final EIS Production and Public Release Nov 30,2007 Subtask 6 Drift ROD Draft ROD to Sera ices Dec 28 2007 • • • • • i • • 'An extended review period is provided because of the Holiday Season. • City of Ker7i-Clan k Springs HCP 10 • • • • �1 � � � O „ O Q O O N 'i 00 � O � • F t w q � o $ o $ o $ o $ o $ o $ o $ o g o $ o $ o $ o $ o $ • ee o � � » » » » anq » w con » » » » o • � g � • 1 u g N S a� e $ o g o$ o $ o 0 0 8 N $ � $ � $ � $ • a w w w • ^ 1 •i R' F � • N R C I{ .O'� V$ K $ O g e$ r1 O e Q O g O •� N O I.Nj a $ $ Q o O C e O CD � O M » S O N O 1 N O � • w Z7, S L �L• CP eo $ w g o $ o $ o S o $ o $ o 0 0 $ o $ N $ o $ � o r • � � L o r U °'1 w w wl a • W y � � 1 0 0 0 0 0 0 0 0 0 o N o rj o • y h Y c y V j w F F Np o o a o 0 0 0 y i F W c t S. • L GI o cn ti O w q ^ C N w H ^ y a p M w N • •� � G 4 � • m �' � H � � �' O .d `. Ci ,Z .j �`� � � O 2 a a � G 2 [�- � L °i •=I '1 °' µ. F w3 qa aci u tii uz � v zH emu ¢ aG �3 � H au • • • • RT Roswm!<uswLarvs,fwa __ Table 2a. Labor Hours and Costs I it-twit-06 I _-_ CI�r of Bent _ Clarks rings Water Supply HCP EIS 's • �__ TASP.(It TASK P2 I TA)h ut TAch M rASh OS TAW 06 ' SASI,117 -- 1 ScwpugJ 1 Pabbc PrjftI Nkol ngs I Ail<rnaffvea DFI.c I Cwnmmu FEIS RpD Mwnegcmm�l - I Hmrrir __ T— TOM . PFRS0NNF6 RaleF Ibo'CsMS Tbt fsraS IIrsICxbS HrsMsts2 - ilnlfsfs5 Sbs,CslsS - Ifi Ccc' -II.JWdS gldlry Rru<r PhD_ Tl0.cm A ____ xl__-_-fl R __ 40 PmnPal ln{Tar _ S14RUM _ Si 51,3'�tm W(U SI _romp SOM it 120M =_-S66Mm hfw3r,n Fan_v P E 114100 _ 0 _IO • Pn rc.,Hybnhs�u_ _ WM $OM 1352-0 SIlDO Sw 0)j _ _Wm S(tOO _ S14NM T,,.N cneale� I74M 0 0 32 6 R'�'--_ 0 __ Agnalx,CcnMglsf _ SOm SO00 �2V$0D U"m Mm XIM Wm 0,404 On Alan Ohm _=SIMM - 75 --fie __ _ RO _ m-_ _49(_ _ R = _ 72 41nh f4dnfssl_-_ __ _ _ $73�gM sl(MIDM n"m $C.m m S1,ROm.m S RMM S7.2mM S3590100 61's 7 7�1•binc SIDOM n n� 52 q s n o GIS ManaEu X)m Sow SS�^.Mm—sow P�tpl(I M�� Td,INI SO RI - SO IYMI tYf CLaM 7'al<r � ;R6.M � 11--- _q_ Im _ 24 H>dr Ea nace SUm WM f%Mlm I(4m SJ MIgM Wm NIM f14.10400 Kvec pbva S7400 0 0 14 0 24 0 04 fr,ph!wD,la Cnord _ WM WM T177600 WM Sl 77600_ -SO M wM --_-_Zt5520_0 4Jsn N,cy __ _ -0 _ 0 �0� 0�-_—_^ILLtF_._.--0 _ __ 0 iMn tt ;qW SOW Wm Wm Ulf.) SOM WM WM hxly Rrttimrut -- - -$86 m ___- O -- 0 -- 0 _ - 0 --- 4e_ __- -- -46 Arhnm.crrRrm,ConRatlu• WM SO qN Alm SOIN1 Ylm X/(q 53.4561U $7956M Ln rc r!wr.s SSRM 0 n IM 20 m1 4 194 Word Aaccamg _ WM _-_SOM_ iS,RMM _ s�I6aW _33 ISO U) $23f_3^U11s=3^. n _ SOW- -- slo,grhl . Rai Tor kc6an AlM O 0 _ 0 0 Or 0 _4 - _- a CkTn,I _ S0.M Wm WMWM 10 SOM I S'_LMOm Taal Lalmr Bmri • _ 97_ 20 - 402 110 Ll) 12 _ Ow 341q M Mi Lb«CosbS _ _ S9J80m 52 6�76 r162m S14 S1600 SR4 MeW 1 Table 2b. Other Direct Coils OUCs)and TOTAL COSTS t City of Kent _ { _ Clark SPringc\Valor Skpply HCP EIS TASKWI i TA4k D2 II%k D3 TASK OJ rash PS TASK 06 TASF P7 __ �r4iwd _ PWrW< ___ ___---koll-_ Psntrcf Mentmgs__ Altcmaxrva UE4c S'nma,cros Fh1S kpn ATwnagemem ITChi -- - _ Fs <wa CnmmunlcalxxrclblClClF) WM WM1 WM Wm SOM WMJ SIM_m Sim_m_ Il_�---W M- Gencc/C6,�u�NtS.I WFx� SO Oil Wm W W_ 12MOL) _ s'_MM _ Wm s2mm ___ _ S1r11Um M1lrccdim�vn Falxnccc _ _ ______7 LSOM saw' WM _Wm SOM WM Sebiafwl Fspees eeS t Sfl WR, SPMi S2MM ;WNW S2NM SD DD 31D0M __Y S']80.M_ Ipfres and Snk<v _j_ -_T _ 7,4J4M Pxrt¢RranSm,�Ertm„uncnml A�Wu 1 1 S_34 7200 I frm,xal Rcecar,),Aa,kwlsx $137 M Koren S6�M m Subeantranor suMulnl - _- - "ILL----W M So" SPPP_SD.M- - W M l_-_SP ON `-SIN,flIOM 14%MartxP ww iapeun_SwhrWnela_-1—_ SP IOr--_SP_Mj ,s:IAP I _SPM S2PAl1-- SiAO I __SSIAP v f16,871 M R2 NqurPnxul lk.^wlFald nul PRicek �___ _ R2iwd Tmck rn,lal�a SU=O x,Tc SSi_W WM�M __ WM_ SOMSOOrII30M __ -_S_x±50 c anpa.,+Sueta 3liM --- L1M _ sa�m= Wm st4nm SO som VIMw Ntl,vmk karwcr l}iPLnSJpale SDM SOMr SUW snM Xiflo _ SnM WM _ so(A) l nnmumulnxu(h')m$Vj"P� _Snm Wmi 301w Wm_ SOm SOm _, so OD _60.M r'.nl fn8ann�Tmd^n�u cull cc)6rt S1 W( SOM Wfwl. so WM SO Wm SO _Wm wmtlwlx».WAS 10 np+y �� T 250Mi SO SRVIW SAOrb _SW(y s5um) f'nm SI 21gM SRM1Iaml R2 Z bgnxpmcal l_�cr_`__ W _WM AJDM f_SrI M 3 lN lO SSgM SAq aq J� _S2 125q 0 _{___ _ TNaI OIICs S 5142 CO SP N 1 31,16D M T6!DB ;4N M Ss!!0 ;}RO q0 ;187a993 SV TMxl Lahr C. 5948800L _Sue P4 IJ i,41fr.M S4,L6EM _ SIR 7761q _SI,R12 Dq SIJSIb Oa S%4r64s an i - - - ----- - - TOl4LC()sr4S $1046ZcOl 32260 e0; S.3 P76M svis" $1071680 SI D32 Oq' SIJ M�6 qP f27'M7aq III • FM'CpyMWA HCP d M Sup CnDla AS Shrnf NCP EM COPFIDENTIAL Page 1 d 1 Date 1130¢006 • • • • • • Introduction to the Scope of Work • R2 Resources of Redmond,Washington.has retained Jones&Stokes to assist in the preparation of an • Environmental Irnpact Statement(EIS)in accordance with the National Environmental Policy Act (NEPA) The Draft EIS will evaluate a proposed Habitat Conservation Plan(HCP)developed by the • City of Kent,Washington(City),for the operation of a water supply system located within the Rock Creek watershed.The City has hired R2 Resouces to coordinate the production of the HCP on behalf of the National Mar me Fisheries Service(N YIFS)and the U.S.Fish and Wildlife Service(USFWS)so they may obtain Incidental Take Permits under Section 10(a)(1)(B)of the Endangered Species AeL In addition to meeting the requirements of NEPA and the ESA,the EIS will also document compliance with the related environmental impact analysis requirements of all associated federal and state statutes and executive orders: • The following Scope of Work(Scope)details the tasks R2 Resources is contracting Jones&Stokes to • perform as a subconsultant and lists deliverables and assumptions for each task. Jones&Stokes has broken the Scope into 5 tasks: • Task 1—Project Initiation • ■ Task 2—Prepare Draft EIS • • Task 3—Prepare Final EIS • ■ Task 4—Public Involvement • Task 5—Project Management The associated budget details the overall cost for the project and assumes the protect will be completed by April 2007. • • • • • • • • • • 1 • • • • • • • • • • • ♦ Task 1 . Project initiation i • Task 1,1. Review Project Materials • In order to understand the project history and work and analysis that has been completed to date,Jones &Stokes will conduct a site visit to the Clark Springs System and meet with City staff,review project • history and documents,and gather any maps and materials that may be included in the Draft EIS Jones &Stokes will use the meeting with City staff to begin developing a possible alternative to the proposed action,a list of the environmental elements to be considered in the EIS,and descriptions of other projects that should be reflected in the cumulative effects analysis. Deliverables • List of the environmental elements to be considered in the EIS • ■ List of recommended projects that should be considered in the cumulative effects analysis • Assumptions ■ The project area to be evaluated in the Draft ETS will be the Clark Springs Watershed ■ The Study area will include the entire Rock Creek Watershed and the City. ■ The project coordinator will attend one on-site meeting to become familiar with the site and to discuss development of a conceptual alternative. ■ Jones and Stokes NEPA coordinator will attend one client meeting in Kent that will require 8 hours which includes travel and preparation. • ■ A screening analysis of alternatives will not be necessary. • • Task 1.2. Draft Purpose and Need • Jones&Stokes will,in coordination with the City and NMFSMSFWS,develop a draft purpose and • need statement that identifies the problems to be addressed,the intent of the prolwsed action,and the City's primary goals and objectives for requesting an Incidental Take Pei nut from NMFS and USFWS. • Jones and Stokes will send a draft purpose and need statement to the attendees of the internal scoping meeting Based upon the comments received following agency and client review,Jones and Stokes will . prepare a revised draft purpose and need statement to be distributed to the City and Services approval and inclusion in the NOl_ • • • i • • i • Deliverables • • Draft purpose and need statement • Assumptions • • Jones and Stokes will provide two iterations of the purpose and need:a revised draft . based on input from the City and a final draft based on agency review and comment. i • City and agency review will occur within the allotted times defined in the overall • project schedule developed by R2 Resources_ ■ Jones&Stokes will receive one set of consolidated comments,each,from the City, i NMFS,and USFWS. i i i Task 1.3. Prepare Notice of Intent (N01) i • Jones&Stokes will draft a NOI for submittal to N-MFSlUSF WS.The NOI will contain information leased on the purpose and need,a preliminary description of the alternatives,an announcement of the dates for a public scoping pei iod,and the date for the public scoping mecting. Jones and Stokes will use • this information for an announcement/advertisement to be published locally. • Deliverables • Draft NOT for suburn"al to NMFSIUSFWS, • Announcement of scoping period to be published locally(i.e.,the South Count) Journal or other media outlet to be agreed upon with the Services). • Assumptions • • Jones and Stokes will provide three iterations of the NOT a draft,a revised draft based on input from the City,and a final draft based on agency review and comment. • NMFS/USFWS will prepare[lie final NOT and be responsible for its publication in the Federal Register. • interested party letters will be mailed by NMFSlUSFWS • • • • s • s i • • i Task 2. Prepare Draft EIS • Task 2.1. Chapter 1—Purpose and Need Jones&Stokes will write Chapter I of the Draft EiS Chapter I will include the purpose and need for the federal action,the City's purpose and need for the proposed action,and describe the environmental review process necessary to meet federal permit and consultation requirements Chapter I will also describe the structure of the EiS document. • i Task 2.2. Chapter 2—Discussion of Alternatives iNEPA requires that a Draft EIS consider a range of alternatives that could accomplish the proposed action's purpose and need The range of alternatives is important so that the Draft EIS can present the • environmental impacts in comparative form and provide a clear basis for a choice by decision-makers and the public Jones&Stokes will write Chapter 2 based on the input received on alternatives during the internal and public scoping per cods. Chapter 2 of the Draft EiS will include a full desei ipt ion of one no-action alternative,up to two action-alternatives(the preferred alternative and one additional action alternative), ia bnef description of alternatives considered during scoping but eliminated from further evaluation,and ialternatives identified during scoping that are outside the lead agency's jurisdiction Chapter 2 will also include a list of the identified actions to be considered in the evaluation of • cumulative effects.Any past,present or reasonably foreseeable future projects that may cause environmental impacts that would be considered incremental impacts,when added to impacts caused by the proposed action,will be included in the cumulative effects analysts. i 0 Task 2.3. Socioeconomic Evaluation iThis Scope assumes that socioeconomic impacts associated with the proposed action will require an 0 evaluation in the Draft EiS Because NEPA requires an evaluation of direct,indirect,and-uinutative impacts of the proposed action, it is likely that this evaluation will extend beyond the proitect area and include the area serviced by the Clark Springs facility. Based on concerns expressed at the Internal scoping meeting, Jones&Stokes will need to evaluate the . potential direct, indirect,and cumulative impacts to neighborhoods,community cohesion,community . facilities,and social groups,as appropriate,and assess potential economic effects on the local and regional economy,tax base,and employment/income for each of the alternatives being evaluated in the Draft EiS in Chapter 4(environmental consequences)_ • Jones& Stokes will use U.S census data,aerial photogiaphy,and existing mapping to identify relevant population demographics,businesses,and nearby neighborhood and community facilities to describe • 4 • • • the existing chaiacteristics of the project that will be included in Chapter 3.Potential direct,indirect, • and cumulative affects for each of the alternatives evaluated in the Draft EIS will be discussed in in Chapter 4. Task 2.4, Soils Evaluation • • Jones&Stokes will evaluate localized zones where soil instability could pose either safety or • environmental concei its. Jones&Stokes will review existing soils information for the project area(i.e. Ecology's soil data website,King County Solis Survey),and identify zones where constriction is proposed within highly erodable soil. In order to satisfy NEPA and SEPA,Jones and Stokes will review existing soils information for the • project area(i e Ecology's soil data website,King County Soils Survey;previously conducted geotech information)and conduct a site visit to detennme existing conditions in the project area as well as determine potential affects from the proposed action.As part of this task,Jones and Stokes will: . • Provide a general description of the site I • ■ Identify any steep slopes on the site • ■ Describe gener it soil types and any surface indications or history of unstable soils in the immediate vicinity . • identify locations of potential erosion as a result of the proposed action,and ■ Propose treasures to ieduce or control erosion,or other impacts to the earth, if • necessary. • The Consultant will incorporate the results or these reviews in Chapters 3 and 4 of the EIS • • Task 2.5. Summary and Summary Table Jones and Stokes will prepare a Summary section that accurately describes the project,presents a summary of major environmental impacts,and discuss any areas of controversy or ' unresolved issues at the tittle the Draft EiS is published. • Jones and Stokes will also prepare a Summary Table that will be matrix built from the issues and impacts for each civironincntal element presented in Chapter 4 and displayed agaursi each of the alternatives.The table will present the results of the analysis in a way, that that provides a quick • understanding of the major conclusions from the environmental analysis • Deliverables Draft EIS Summary • Draft EIS Summary Table • • • • 5 . • Task 2.6. Coordinate Document Production Jones&Stokes will coordinate with R2 resources,technical writers for each section of the Draft EIS, • the document production team, and the City to develop the Draft EIS It is expected that the following outline will be used: s . Summary and Summary Table i Table of Contents Chapter 1—Purpose and Need Chapter 2—Discussion of Alternatives Chaptei 3—Affected Environment Chapter 4—Environmental Consequene<s • Chapter 5—Cumulative Impacts • List of Preparers 0 List of Agencies and Organizations Consulted s • References Cited • Glossary Abbreviations(Acronytns 0 Appendices 0 Chapters 3 and 4 of the Draft EIS will include an evaluation of the following environmental elements: 9 Fish and their Habitat Groundwater and Hydrology 0 Wildlife and their Habitat • Socioeconomics and Public Services Human Health • Soils Wetlands • Vegetation and Listed Plants Cultural Resources Task 2.7. Coordinate All Reviews and Revisions Jones&Stokes will coordinate all reviews and revisions of the preliminary drafts of the Draft EIS prior to its release to the public First the City,then the federal lead agencies,will review each chapter of the document as they are completed.Their continents will be incorporated and following the then review of each section of the • document,a compete draft will be circulated for final agency review.Jones&Stokes will coordinate i with R2 Resoaices,the document production team,and the technical writers to incorporate and/or respond to all client and agency comments. >� If necessary,Jones&Stokes will facilitate a meeting to discuss and agree upon all revisions made(and not made)in response to agency and city comments. Deliverables S • Two(2)complete review documents One complete Draft EIS for public review Assumpfions • City and agency review will occur within the allotted times defined in the overall • project schedule developed by R2 Resources. 0 • The Draft EiS will analyze the proposed action,one no action alternative,and one • additional action alternative. • Jones&Stokes will receive one set of consolidated comments,each,from the City, NMFS,and USFWS following their review of each chapter of the document and 0 following [lie final teview of the complete Draft EIS . ■ Jones&Stokes is not responsible for time and mates ial costs associated with document 0 production. ■ Jones&Stokes is not responsible for time and material costs associated with graphics • production for the document i Task 2.8, Prepare Notice of Availability for Draft EIS Jones&Stokes will draft a Notice of Availability(NOA)for submittal to NMFS/USFWS. The NOA will announce the date the Diaft EIS will be available for public review and the duration of the public comment penod if a public meeting is to be held.the NOA will provide the date,time,and location for the meeting Jones and Stokes will use this information for an announcementladvertiscnient to be • published locally. Deliverables 0 • Draft NOA for submittal to NMFS[USFWS. 7 i • 0 • ■ Announcement of Draft EiS Comment Period to be published locally{i e.,the Sortrh Cozart),Joxrr-nal or other media orztlet to be agreed upon with the Services). • Assumpti0ns S ■ interested party letters will he mailed by NMFSILiSFWS. ■ NMFS will prepare the final NO.4 and be responsible for its publication in the Federal iRegister. is ■ 'Ilre City will pay advertising costs associated with publication of the NOl locally- 0 • 0 Task 3. Prepare Final EIS 0 Task 3.1. Review, Compile, and Sort Comments • Jones&Stokes will review,compile,and sort comments received in response to the Draft EiS by topic and identify a technical writer responsible for do crmining an appropriate response for each comment. . Jones&Stokes will provide responses for NEPF,related comments and comments associated with the • soils and socioeconomic analysis. • Jones&Stokes will coordinate with each technical writer responsible for developing responses to . comments associated with their analysis Jones&Stokes will hack comments and their responses in a matrix as responses are being developed Once all comments are finalized,Jones&Stokes will write a comment response document to be incorporated in the Final EiS • • • Deliverables • ■ Comment Response Matrix • ■ Response to Comments Document Assumptions ■ The document production team will scan all written comment letters,as they arrive, . and emailed to Jones&Stokes in PDF format. • ■ Original copies of written comment letters will be mailed to Jones&Stokes at the end of the comment period for inclusion in the admnr record. • ■ Budget for this task assumes a rnaximunr of 100 comments will be received on the DEIS. 0 a Task 3.2. Incorporate Comment Responses into Final EIS Jones&Stokes will coordinate with R2 Resources, the document production team,the technical writers,NMFS,USFWS and the City to update the Draft EIS based on the comments received during the public comment period. Jones&Stokes will coordinate all reviews and the necessary document revisions of two complete drafts of the Final EIS prior to the document's release to the public Jones&Stokes will make revisions to the Summary,Summary Table,Chapters I.Chapter 2,and the s socioeconomic sections of Chapters 3,4,and 5 based on comments received during the Draft EIS comment period and in response to any comments received from the City and the Agencies during review of the FEIS. The first complete draft of the Final EIS will be delivered to the City for their review_Following the City review,Jonee&Stokes will coordinate with R2 Resources,the document production team,and the technical writers to incorporate and/ot respond to all City comments. . Following the incorporation of the City's comments,the second complete draft of the Final Els wall be • submitted for agency review by NMFS and USFWS.Following the agencies'review,Jones&Stokes • will coordinate with R2 Resources,the document production team,the technical writers,and the City to • incorporate and/or respond to all agency continents. Deliverables ■ Two(2)complete Final EIS review documents. • • One complete Final EIS for public review. • Assumptions i ■ No new alternatives will need to be addressed resulting from the public comment period. • City and agency review will occur within the allotted times defined in the overall • project schedule developed by R2 Resources • Jones&Stokes will receive one set of consolidated comments,each,from the City, NMFS,and USFWS. • Jones&Stokes is not responsible for time and material costs associated with document production. Task 3.3. Prepare Draft NOA for the Final EIS • Jones& Stokes will draft a NOA for submittal to NMFS/USFIVS.The NOA will announce the date the Final EIS will be available for public review Jones and Stokes will use this information for an announcement/advertisement to lie published locally. . • 9 • • • Deliverables ■ Draft NOA for submittal to NMFS/USFWS. • • Announcement of Final EIS Comment Period to be published locally(i e.,the South County Journal of other media outlet io be agreed upon with the Sern•rces). • Assumptions ■ NMFS/USFWS will prepare the final NOA and be responsible for its publication in the iFederal Register. • ■ Interested party letters will be mailed by NMFS. . ■ The City will pay advertising costs associated with publication of the NOA locally. • Task 3,4. Prepare Record of Decision (ROD) and NOA The USFWS and NMFS will document their decisions on the issuance of an Incidental Take Permits by preparing an ESA Section 7 Biological Opinion,ESA Section 10 Findings Documents,and a NEPA . ROD. Jones&Stokes will provide assistance as,requested to address comments on the Final EIS and address • any agency questions during their preparation of the ESA Section 7 Biological Opinion and ESA . Section 10 Findinus. Jones&Stokes will prepare a preliminary draft ROD. • Deliverables . • Coordinate technical assistance in response to questions raised by NMFS and USFWS in preparing the ESA Section 7 Biological Opinion and ESA Section 10 Findings Documents • ■ Draft ROD to be submitted to NMFS/USFWS. • Assumptions • NMFS will prepare the final ROD. r • 0 10 0 i i • • • i Task 4. Public Involvement • • Task 4.1. Public Scoping Meeting i Jones&Stokes will perform all necessary preparation and logistics for one Public Scoping meeting i Budget for this task includes preparation of all materials and requited notifications associated with • public Scoping meetings as required by NEPA,and facilitation of the public Scoping meeting. The seeping meeting will be structured to provide the public with an opportunity to recommend issues to be • addressed in the EiS,ask questions,and comment on the range of alternatives being considered for • evaluation in the Draft EiS_ • Jones&Stokes will also maintain the active public mailing list, including all interested or affected • agencies and individuals commenting during the scoping process or during public review of the Draft EIS The public mailing list will be used tot distribution of the NOA for the Draft EIS and Final EiS, i and public meeting announcements. • Following the meeting,Jones&Stokes will summarize and document all comments received at the • Scoping meeting. • Deliverables • ■ Preparation and facilitation for one public Scoping meeting • • Comment sununary memo i • Create and maintain an active public mailing list, • ■ Jones and Stokes NEPA coordinator will attend and facilitate one public meeting in • Kent during the Draft EIS comment period.This meeting will require 8 hours that i includes travel and preparation i ■ Jones&Stokes is not responsible for time and material costs associated wit) graphics i production for this meeting. i • Task 4.2. Scoping Report i Following public scoping,Jones&Stokes will prepare a Scoping report to summarize all internal and i public scoping activities.The purpose of the report will be to identify issues that will be addressed in i the EiS,desci ibe the alternatives identified during the scoping process,specify which alternatives will • be evaluated in the Draft EIS,and identify the alternative that NNIFS/USFWS lias selected as the Preferred alternative. • Assumptions • ■ Descriptions of the pioposed action contained in the HCP are sufficient to be included i in the scopmg report • to 11 i • 0 • • • • • Deliverables Seopuig Report • Task 4.3. DEIS Comment Period Public Meeting . Jones&Stokes will perform all necessary preparation and logistics for one public meeting during the public comment period Budget lot this task includes preparation of materials and producing the required notifications associated with public meetings as required by NFPA. • • Deliverables • Coordinate and prepare for one public scoping meeting. • ■ Jones&Stokes is not responsible for time and material costs associated with graphics production for this meeting • The City will pay advertising costs associated with announcements for the public • meeting. • • • • • Task 5. Project Management • • Task 5.1. Contract Management Budget allocated under this task will be used to coordinate with R2 Resources,the City,and other • project staff throughout each of the tasks in this,Scope to ensure information is distributed and shared • appropriately and to provide monthly progress reports to be included with monthly invoices. • Deliverables • ■ Monthly invoices and monthly progress reports Assumptions • R2 Resources will develop and maintain the overall project schedule. • • Task 5.2. Project Meetings (9) • In addition to the meetings defined previously in this Scope,Jones&Stokes will attend a maximum of nine(9)pioject meetings during the protect. • • • 12 • • Deliverables ■ Attendance at up to nine(9)project meetings Assumptions . ■ A schedule of meetings and thch purpose has not yet been determined • • Each client meeting will requite 8 hours of one person's time that includes meeting • preparation. • Jones& Stokes will not be responsible for running client meetings. • ■ Project coordination meetings with R2 Resources can be conducted via phone and are • budgeted under task 5.1 Task 5.3. Agency Meetings (5) s In addition to the agency meetings specifically outlined in this Scope,Jones&Stokes will attend a maximum of five(5)agency meetings during the project. Deliverables • Attendance at up to five(5)agency meetings. ' Assumptions • A schedule of meetings and their specific purpose has not yet been detennined. ■ Agency meetings will require 8 hours of one person's time that includes meeting preparation i ■ Jones&Stokes will not be responsible for facilitating agency meetings . Task 5.4. Administrative Record Management (4 hours/month) Jones&Stokes will prepare and assemble the administrative record and fiimish it to NMFS after the . ROD is signed The administrative record will include all of the information and analyses either • geneiated of obtained from other sources,or used to support documentation and analyses. The administrative iecord will be located in a physical file at the Jones&Stokes Portland Office and be indexed by topic to the extent possible Deliverables • Creation and maintenance of the Administrative Record. 13 • act 4-0646!6 m:n 36'. 6z.di Qi n of CA tu to ru LU r= 7Z; 2K di Fm- .0 1-5 U) 7m El 2i CC Ni 0 .> 7a cc: . < U) ,:. >�: LU O:M U).0.0 0. CL. Associate Principe]UNEPA Specialist, Jones & Stokes Mr. Hale transttioned from the U.S. Fish and Wildlife Service YEi ars of ExTxariencL• 20 • (USFWS) to Janes & Stokes in early 2003 where he was a National Environmental Policy Act (NEPA) Coordmatoi for the F'nrrmcxry Work Locohnn! Portland,OR • Western United States. Jon provided NEPA expertise and • guidance to Fish and Wildlife Set-vice Offices in California Kkiy Arenas ct Exrxan�;�cc Ptoject Planning Washington, Oregon, Nevada, Idaho, Hawan and the Pacific • Pio7ea Management Islands Prior to this Regional level position, Jon was NEPA • NEPA Compliance specialist in the Western Washington Fish and Wildlife Service . FSA Compliance • • Facilities Management Office in this position he provided NEPA management for Military Base Closure . pemutting actions relating to mining, municipal water supply, Environmental Cleanup forestry,agnculture irrigation,and more. Prior to this, Jon was a Spill Response key participant in the closure of Midway Naval Facility and Fisheries Management conversion to a National Wildlife Refuge ]on also conducted sea Ton le Telemeny Agtiaculntre contaminants surveys for property acquisitions, managed Research SCUBA Diver . programs that put biologists on fishing vessels to collect fisheries • Habrlat Restoration data,managed a ptogram that put biologists on offshore petroleum Remote Operations • platforms to organize the capture of sea nit thes during platform Substantial rime at Sea Crass-Cultural Experience removal operations using explosives,was assistant manager for a shrimp farm, and participated on a Resource Conservation and F-duccmttcri Recovery Act (RCRA) team for Johnston Atoll, that addressed " Bachelor of Science,Marine Biology,Texas A&M . plulonlmn contamination, dioxins, lead contaminated ash, and University,Galveston • petroleum contaminated soil- Jon was also a member of the Coast C2ek7t�Ct t,,,ale t fxpen�rrr_e Gumd's Regional Spill Response Team for Hawaii and Pacific Atea_ • Port of Vancouver Expansion Pemuume and NEPA • ESS—Port of Vancouver,Clark County,Washington Elliott Slaic Forest Habitat Conservation Plan NEPA • NEPA—]on has managed EISs, EAs,and CEs, His NEPA EIS--Oregon Department ofFuestry Coos County, . Oregon cAperienee is diverse, ranging from Department of Defense . Daybreak Mute Expansion Habitat Conservation Plan actions, to poll development, foncst management, fisheries, and NEPA EIS—sL Storedahl&Sons,Inc,Last transportation, and development planning He has held Fork Lewis River,Clark County Washington • positions in the USFWS as Pacific Regional NEPA • Green R iver Water Supply and Watershed Protection Coordinator and as Field Office NEPA Specialist,and assists Habitat Consen-ation Plan and NEPA EIS—Tacoma • P water Dcpartineni,King County,Washington in teachma NEPA courses He is knowledgeable in all aspects • Simpson Washington Tinthcrtands Habitat • of NEPA fiom pre-scoprng to record of decisions Consmanm Plan and NFPA EIS—Simpson Timber Company,in Mason Gmyc Harbor,and Thurston Environmental Cleanup — During base closure at Midway Counties,Washmgloo Naval Facility, ion served or the base realignment and a Cedar River Watershed Habitat Conservatinn Plan closure (BRACT team throughout the cntne Ptoject, and and SEPAWFPA EIS—Seattle Public Utilities.,King vvoiked on-site during project implementation On-site work County wasongton • Muhvay Atoll National Wildlife Refuge Facilities involved oversight Of removal Of 110 underground fuel Managetiicnt Planning—U S Fish and Wildlife storage tanks, subsurface petroleum remediation, DDT and Seniee,Pacific Islands . PCB contaminated soils remedtation, landfill investigations • Naval 4n Facility Midway island Base Cinsureand and closure, asbestos removal, lead-based paint removal, Transfer—U S Fish and Wildlife Sconce acid • L)epanincm of the Na%N,Pacific Islands mat ine sedmient investigation, marine debris cleanup, . .Johnston Atoll Resouice Conservaunn and Recovery • demolition of 114 buildings,and habitat restoration Act Implomcmanon—17 S Fish and Wildlife Service + Facilities Management Planning—Followings Midway Navy and ageDcrt,Bonouueiu of the Air Force eosins Islands A ea • + Manager,Bouomf sh Fishery Obsen er Program— base closure,Jon was a key participant in the development of National Marine riAnris Senice,Nonhwcsiem Long-range plans for the newly created Midway Atoll National ITawanau Islands • Wildlife Refuge. This requned planning for all piogiams in a ' Manager Offshore Petroleum Production Platform • contributions related to finds RemoNal Observer--National Marine Fisheries Small city. JOn's key contributions Service Gulfof Mexie»,611vesinn management, hazardous materials, hazardous waste, mid municipal solid waste, The clmallaige of this effort was M=ark �rs:ircas* Ixi t2�c;s;rsieo s compounded because ofthe extreme remote location. • Member-Intemational Association o(Impaei • Asscssmcnl font's&Smokes Lana Use Planner, .Jones & Stokes Ted is a land use planner specializing in environmental issues, ltey Areas of ExPc-dOr nce • documentation,and permitting He has worked on policy and land � Environmental Permitting use issues related to municipality compliance with the federal Policy and Land Use Planning . listing of Pacific salmon under the Endangered Species Act • Endangered Species Asscssmcnt and Consultation Support (ESA), including habitat and watershed impacts He also uses his • NEPA Documentation expertise with geographic information systems (GIS) to provide Spatial Analysis,CAD,GIS • spatial analysis to assess environmental conditions in urban areas and to produce quality maps for the environmental documents and Ed x:eNion • M S,Community&Regional Planning,University of public meetings Ted woiks on projects requiring land use analysis Oregon,2001 • for National Environmental Policy Act (NEPA) compliance, B A,Coniumincauons,University of New development or updating of Critical Areas Ordinances(CAO),and Hampshire,1989 assessment of baseline conditions in January of 2000, Ted was Recent Pr.>loct Ekpenenc a the lead author of a scientific paper published in Fisheries, the . Pori of Vancouver Expansion Permmingand HCP, • journal of the Amenean Fisheries Society, which estimated the NEPA EIS,Port of Vancouver Clark County, amount of marine derived nutrients delivered to fieshwater Washington ecosystems by historic salmon and steclhcad runs. . Critical Areas Ordinance Development for the City of Rtdge(cld,Washington • ` Downtown Brookings—Highway 101 TrangwmUtion Solutions Project for ODOT in Brookings,Oregon • • Land Use Plauninb Ted was the lead planner on an update • Critical Areas Ordinance for the City of Camas Washmgtoo • to the City of Ridgefield's CAO Ted mapped additional . Noopomt Education for Municipal Officials(NEMO) critical areas found during Yield visits and develop three Program for the Lower Columbia River Estuary • protection area scenarios, refined the critical areas mapping Panneratnp in Longview,Washington based on the protection scciiano selected, and IevieWed the ' Critical Areas Ordinance Development for the City of Draft CAO written b the City. Laub Orotund,Washmgmn Y Y• . Longview Futures I'rojcct for the Lower Columbia ■ GiS Analysis—Ted used aerial photography to create a map Rnor Estuary Partnership in Longview,Washington of Longview'& current lmpenrious surface cover • Assumptions based on land use types and current zoning were then used to estimate the future impervious surface cover and • map buiidout patterns Ted used the unpervious SnrtaLe • mapping data created for the Longview—NEMO project and, combined with a simple water quality model, estimated the . potential nutrient loads carried by stonnwater ninoff from residential, mdustiial, and commeicial land use-, Ted also provided GIS support for the update of the City of Battle Giound's Critical Areas Ordinance Ted used existing GIS data, combined with data created during field visits b) • biologists, to develop in existing conditions map for each of the five environmental resoutces addressed in the CAO.These . layers were used in a spatial analysis to estimate potential impacts to existing buildable lands based on the potential • resource protection ai eas . NEPA Coinpliancc�—Ted is currently the NEPA manager for the Port of Vancouver's Columbia Gatcwa) HCP, ETS, a • complex, multi-stakeholder project Ted also coordinated the preparation of the NFPA analysis and documentation for the Environmental Assessment and Section 4(f) Evaluation for • the Downtown Brookmg5 — Highway 101 Transportation Solutions Project Ted also prepared malcnals for public • involvement (including open houses and stakeholder committee meetings), scheduled and participated in mecongs • with ODOT acid other key stakeholders, and led die effort to . incorpotale public input as pai t of the Revised EA Tones&STokes • • • • Ann M. Rennick, AICP Project Planner, Jones & Stokes Ann Reunick recently joined the Bellevue branch office of lanes ley Areas of Exp©rence • & Stokes PnOT in Joining lones S Stokes she was a Land Use . Laud UsePanurReview • Planner with the City of Bellevue where she worked on land use • @nvironnicnial Analysis • applications including design review, conditional use permits, Comprehans ve Planning • Policy and Code Analysis . cleining/grading reviews for restoration ptojects and developtnent . Ordinance and Policy Development in protected areas,SEPA detennnaations,shoreline permits,PUDs • Design4urdAncs • and boundary line adjusunents_ Prior to that Ann was a senior ' PublicMcct>nsstnvotvenxns planner with the City of Mercer Island where she supervised Education •associate planners and was responsible for the coordination of the . MA,Urban Plamnng/Public Policy.Univeratty of City's long range planning objectives on proposed code revisions California,Los Angeles,t996 • including updating and uripiovnig the City's downtown design and • a S,Applied Behavioral Sciences,Uinversayof development guidelines Ann has also held positions as Associate Cablianim,Davie,1903 • • Planner, Planning Coordinator and Planner with other Commercial Real Taiatc Development CertifieamProgmm,Untvcmty of waslnngion,zoos municipalitiesinWashington and Oregon. Memberships and Registrations r'ltEySkills American Planning Association _ • Amcncmi[nsnhiteofCertificdPlanners • • Ctritntt amty Planning — Ann has experience in land use Recent Project Experience • planning, design review, comprehensive planning, Comprelic❑live Plan EIS 10-Year Update,Snobomish environmental policy and other planning topics. County • Publicinvohetnent—Ann has led public hearings.meetings, City Sewer Lake Line Rcpiaccment Project EtS, City of mercer Island • and workshops, with the goat of facilitating effective public p&artogan County Comprehensive Flan Update input and increasing the public's awareness and • understanding of planning and the desurn process- • • • • • • • • • • • • • • • • riirlt J017f S StOkCS • • • • • 'avid jsci, i Wetland Biologist, Janes & Stokes • David Johnson specializes to wetlands surveys, wetland }fey An-as ct Exp•=dxan•ze • delineations,regulatory compliance and pennittmd at the state and wettandsScience fedetal levels, momtoring wetland mitigation, writing scientific • Weiland Miligation and regulatory re otis,and conducting field hydrology studies lie ' Endangered Specter Act p Y cY Penmttmg has cNpettcncc in permitting under Section 401 of the Clean Water Y Habilatnssessment , • Act and has conducted wetlands surveys using the U S Army Corps of Engincets (Corps) 1987 Weiland Delrneafeon Manual Educci ion . David also petforms field hydrologic studies, including BS,Biology,UuivemilyofMinnesnta,1997 • construction,installation,and manual and electio nic momtonng of Recent Prolect Eminence observation wells, to delineate the boundary of a wetland BB Review,US Army Corps orEnginmrs • containing hydre sods, hydrophytic vegetation, and questionable Rerereme Biological Evaluation for Bank hydrology lie uses the (hire-parameter approach of sods, Stabdiwuon within Navigable,Walm,U S Amoy • _Corps ofEngmccre vegetation, and hydrology; and hydrology studies for wetlands BE ESA comphane for 82 dAaenuc DiEL2d'" • determinations. Sircellmprovement Projecl Pierre County • Grande Falls Alternate Route Wetland Dcimcalion • and Critical Areas Report,Snohomish County 20i°Street SE Welland Delineation and Cnoeat • • Endangered Species Act — David reviews biological , Areas Report,Snobomish County_ Scnbcr Creel:Wetland Mdig3tionMonitoring,City assessments submitted as part of apphcatiais for U.S Army of Lynnwood • Corps of Engineers permits. All projects requiting a Corps ' Kanglcy-Echo Lake Transmission Lint Wetland permit (Section 404 or 10) must be evaluated for potential and Stream Dcluwatiou,Bonneville Power • Adnnturn aoou effects to species listed as threatened o endangered under the Timbcdmc Express wildlife surveys,Timberline • Endangered Species Act(ESA) Lodge V eoctation and Habitat Sui vey — David conducts field Aquatic Studies for the 1-90 Upgrade PmJect WSDOT • surveys for mapping vegetation and habitat communities in 21_8i°Rail Grade SepirauonlYettandDelineation the Pacific Northwest and Cnncal Areas Report,City of Kcnt • SR 522 w ctl mid and Stream Delineation and Wetland Delineations, Mitigation, Monitoring, and Cnfioat Areas Report,City of Keuaime . Permitting - David conducts wetland and stream Leech Creek Stemiwaier Facility wedand • delineations,vegetation imenLorics,and Wetland function and Delineation and Pernulting Constamis AnAysts,City value assessments, for local, state,and federal agcociee His ofTacnim • Vegctnti on and Habitat Survey for all of Pon of • experience includes pieparing wetland and stream delineation Portland property,Port of Portland reports, conceptual mitigation plans, and JARPAs. These ESA Endangered Species Survey,University of . applications are submitted for Section 404 and Section 10 • Cahfmi oa-Meiccd Permits, Section 401 Watei Quality Certification, and ESA Comphaiice for DowDto%"Kent Road Hydraulic Project Appioval, Imprm cincni Projects,City or Kent • • • • • • • • • 'Jp to Jones&Stokes BIOTA. PACIFIC Environmental Sciences, Inc. „s Smayda Environmental .Associates, inc. • Scope of Work Clark Spring Water Supply System EIS City of Kent 17 January 2006 . Introduction For the Clark Springs Water Supply System EIS, Biota Pacific Environmental Sciences, inc. • (Biota Pacific)will be the lead sub-consultant to R2 Resource Consultants (R2). A portion of the work under Biota Pacific responsibility will be conducted by Smayda Environmental Associates • inc. (SEA) as a sub-consultant to Biota Pacific_ Biota Pacific will take the lead in conducting the Effects Analysis for wildlife,while SEA will conduct the analysis for botanical and wetlands. Task 1: Prepare Affected Environment section of the EIS • The Affected Environment section will include a detailed description of time biology and status of • selected amphibian species and the bald eagle and the existing conditions of botanical and wetland resources in the project area. General descriptions of the biology and status will be provided for the spotted owl, marbled murrelet, Pacific fisher, and gray wolf. Information • concerning the location of sensitive wildlife species or habitats will be acquired from the Priority Habitat and Species database maintained by the Washington Department of Fish and Wildlife. • No field work is proposed for preparing the Affected Environment section of the Draft EIS. • Existing data regarding the occurrence of rare plants, wetlands, priority habitats, and noxious • weeds will be collected from sources including the Washington Natural Heritage Program (WNHP), Washington Department of Fish and Wildlife, and King County GiS analytical support is anticipated for WNHP data analysis and wetland assessment. One field visit will be made to • the watershed site and two wetlands located near the confluence of Rock Creek and the Cedar River. The King County Wetland Rating System will be applied to these two potential wetland mitigation sites, to confirm their wetland categories and general functions The WDOE Methods • for Assessing Wettand Functions (1999) or comparable method will be used to determine the baseline condition of selected wetland functions at the two sites. Task 2: Prepare Effects of Alternatives section of the Draft EiS The no-action alternative, HCP alternative, and one additional action alternative will be analyzed • to determine their effects on wildlife resources. The analysis will divide amphibians into two life history strategies: amphibians that spend most, if not all of their life in water (aquatic amphibians) and those that use aquatic habitats primarily for breeding (aquatic breeding • amphibians). A detailed effects analysis will be conducted for each amphibian life history group and the bald eagle. A general discussion will be provided describing the potential effects for the • northern spotted owl, marble murrelet, Pacific fisher, and gray wolf and the justification for • excluding them from detailed analysis. The effects of the alternatives on wetland functions will be determined by analysis of projected • changes to selected wetland functions using the WDOE Methods for Assessing Wetland Functions (1999) The Draft EIS section describing the effects of the proposed action and no- • Page 1 BIOTA PACIFIC ' ° Environmental Sciences, Inc. Smayda Environmental Associates, Inc. • action alternatives on botanical and wettand resources will be prepared. GIS analytical support is anticipated for wetland assessment. Task 3: Prepare final EIS • Comments on the DEIS will be reviewed and considered. Revisions to the proposed action will be evaluated for effects to wildlife, botanical and wetland resources. Responses to public • comment on the effects to these resources will be prepared, as requested. The effects to wetland functions will be determined by analysis of projected changes to selected wetland functions using the WDOE Methods for Assessing Wetland Functions (1999). GIS support is . anticipated for wetland function assessment The Final EIS, including affected environment and effects of alternatives,will be prepared. • Assumptions +♦ • No new project facilities, no change in project footprint • . No field work is required for the wildlife assessment Biota Pacific is not required to participate in the public scoping meetings. Biota Pacific participates in the equivalent of two 8 hour meetings/conference calls per task. Amphibians can be described and assessed in two life history classifications(aquatic . and aquatic breeding amphibians)rather than individually. The bald eagle is the only wildlife species addressed in detail, other than amphibians. • The biology of the northern spotted owl, marbled murrelet, Pacific fisher and gray wolf • are generally described and dismissed from detail effects analysis. . • GIS support will be provided by R2 • References • Hruby, T, T. Granger, K. Brunner, S. Cooke, K. Dublanica, R. Gersib, L. Reinelt, K. Richter, D. Sheldon, E. Teachout, A. Wald, and F. Weinmann. 1999. Methods for Assessing Welland Functions Volume 1. Riverine and Depressional Wetlands in the Lowlands of . Western Washington. WA State. Department Ecology Publication #99-115. July 1999. Washington State Department of Ecology, Olympia,WA. • Hruby, T. 2004. Washington State wetland rating system for western Washington. Revised. Washington State Department of Ecology Publication # 04-06-025. August 2004. . Washington State Department of Ecology, Olympia,WA. Page 2 BIOTA PACIFIC Environmental Sciences, Inc. -' Smayda Environmental Associates, Inc. Preliminary Cost Proposal for Clark Springs Water Supply System EIS Wildlife and Botanical Analysis Task 1: Draft EIS: Affected Environment • Labor Aquire and review existing data Senior Biologist hours 2 $98 $196 • Botanist hours 16 $105 $1,680 Field visit:watershed and wetlands Botanist hours 8 $105 $840 WDOE wetland rating: 2 wetlands Botanist hours 8 $105 $840 • Wetland function assessment Botanist hours 16 $105 $1,680 Effected environment text Habitat overview Senior Scientist hours 8 $118 $944 • Wildlife species biology and status Senior Scientist hours 10 $98 $980 Senior Scientist hours 14 $98 $1.372 Intermediate Scientist hours 19 $68 $1,292 • Botanical and wetland Botanist hours 24 $105 $2,520 Meeting/Project coordination Senior Scientist hours 16 $98 $1,568 Botanist hours 4 $105 $420 • Expenses(cost plus 10%): data acquisition/copy/mail/phone $250 $275 • mileage mile 345 $0 485 $184 06 Total Task 1: $14,791 Task 2: Draft EIS: Effects of Alternatives Labor Effects of Alternatives,analysis and text wildlife Habitat Senior Scientist hours 2 $118 $236 Senior Scientist hours 10 $98 $980 • amphibians Senior Scientist hours 2 $118 $236 Senior Scientist hours 24 $98 $2,352 Intermediate Scientist hours 4 $68 $272 . bald eagle Senior Scientist hours 2 $118 $236 Senior Scientist hours 8 $98 $784 other wildlife Senior Scientist hours 6 $98 $588 • botanical and wetland Botanist hours 48 $105 $5,040 Welland function assessment alt. Botanist hours 16 $105 $1,680 Meeting 1 Protect coordination Senior Scientist hours 16 $98 $1,568 . Botanist hours 6 $105 $630 Expenses: . copy/mail/phone $200 $220 mileage mile 195 $0 485 $95 , Total Task 2: $14,917 • Page 3 BIOTA PACIFIC �►� �� Environmental Sciences, Inc. 5! Smayda Environmental • Associates, Inc. Task 3: Final EIS Labor: • Analysis of propose action revisions Senior Scientist 12 $98 $1,176 • Botanist hours 12 $105 $1,260 Public comment review and response Senior Scientist hours 2 $118 $236 • Senior Scientist hours 18 $98 $1,764 IMennediate Scientist hours 14 $68 $952 Botanist hours 12 $105 $1,260 • Revised wetland function assessment Botanist hours 8 $105 $840 Meeting t Project coordination Senior Scientist hours 16 $98 $1,568 Botanist hours 6 $105 $630 • Expenses: copyimadlphone $200 $220 . mileage mile 120 $0.485 $58 • Total Task 3: $9,964 • Total all Tasks: $39,672 Page 4 BIOTA PACIFIC � MARTIN E.VAUGHN Senior Wildlife Biologist • EDUCATION.- B S, 1976,Washington State University,Wildlife Biology • M_A,1979, Southern Illinois University,Zoology Doctoral Studies, 1981-1984 University of Washington, Forest Ecology AREAS OF EXPERTISE Wildlife habitat assessment and management, . Forest ecology and sustainable resource management Development and negotiation of mitigation plans and settlement agreements EMPLOYMENT HISTORY.' • BIOTA PACIFIC ENVIRONMENTAL SCIENCES: 1999 to present.President and Senior Wildlife Biologist. • • Project Manager, Family Forest Foundation HCP, Lewis County, Washington. Currently directing • the preparation of a mullispecies HCP and supporting NEPA EIS for up to 200,000 acres of non- industrial private timberlands. The HCP will replace current Washington Forest Practices rutkes for • riparian management. • Technical Consultant, Puget Sound Energy, Baker River Hydroelectric Project, Washington. Advised client and assisted multi-stakeholder group with the assessment of terrestrial impacts, development of mitigation measures and negotiation of a settlement agreement for the FERG • relicense of a two-dam hydroelectric project. • Project Manager, American Forest Resources, Teanaway LOP I HCP, Ellensburg, Washington. Currently leading the development of joint Landowner Option Plan (LOP) under Washington Forest Practices Rules and Habitat Conservation Plan(HCP)under the federal ESA for the northern spotted . owl on 50,000 acres of commercial timberland in Kittltas County,Washington. • Technical Consultant, Elliott State Forest HCP and EIS, Oregon Department of Forestry, Salem, • Oregon. Participating as part of a consultant team supporting the development of a multi-species HCP and NEPA EIS for the Elliott State Forest. Providing guidance on the development of conservation measures for fish and wildlife • HCP Terrestrial Team Leader, Tacoma Water Division, Green River Multispecies HCP Developed • and negotiated terrestrial resource conservation measures for inclusion in a multispecies Habitat Conservation Plan for the Green River watershed Conducted technical analyses of project effects • on wildlife,and worked with legal counsel to co-author the supporting Implementation P.greement • Audit Team Member, Sustainable Forestry Initiative (SFI) Audits Served on teams of resource professionals assembled by Pricewaterhouse Coopers. Audited private timberlands to Washington, Oregon, California, Idaho, Montana,Michigan and Ohio for compliance with SFI principals relating to • fish,wildlife,water quality,aesthetics and public education. • Project Manager, Weyerhaeuser Landowner Landscape Plan, Southwest Washington Assisted landowner with technical design, writing and regulatory compliance for a landscape-level fish and wildlife habitat management plan for 106,000 acres in Southwest Washington • • Project Manager, Goodwin Quarry Wildlife impact Assessment, Whatcorn County, Washington Prepared an assessment of potential wildlife impacts from the expansion of an existing rock quarry surrounded by forestland,agricultural land and residential development Biota Pacific, 2005 • Vaughn,Martin E. • Page 2 I • Wildlife Task Leader, U.S Army Corps of Engineers, Howard Hanson Dam Biological Assessment. • Served on a learn of biologists and engineers preparing ESA Section 7 Biological Assessments for the continued operation of a federal flood control dam on the Green River in Washington,and for the seasonal raising of the reservoir to store water for municipal water supply. BEAK CONSULTANTS INCORPORATED* 1985 to 1998 Associate and Manager of Wildlife Sciences Mr Vaughn was responsible for the management of multi-disciplinary environmental projects,supervision • of the Wildlife Sciences Division in Washington, Oregon and California, and contribution of technical expertise in the fields of wildlife biology, forest ecology, and environmental regulations. He managed a • number of projects dealing with impact assessment, mitigation planning,and applied research. • Project Manager and Lead Scientist, Murray Pacific Corporation Mineral Tree Farm Multispectes • HCP, Lewis County, Washington Wrote and negotiated the first all-species HCP to be approved by the U S Fish and Wildlife Service and National Marine Fisheries Service under Section 10(a)of the • federal Endangered Species Act. The HCP is an ecosystem-based plan for the management of • 53,000 acres of private commercial timberland to benefit fish and wildlife. . + Project Manager, Weyerhaeuser Company Millicoma Tree Farm HCP, Coos Bay, Oregon. Managed preparation of the first timberlands HCP in Oregon The HCP addresses the management • of spotted owl habitat on 209,000 acres of private commercial timberland in Coos and Douglas • counties. • Project Manager, Multiple Clients, Spotted Owl Surveys, Western Oregon, Washington and California. Management of spotted owl surveys on private timberlands from 1989 to 2001 for several • landowners, including Weyerhaeuser Company, Rayonier, Crown Pacific, Murray Pacific, Port Blakely Tree Farms, John Hancock Company, Willamette Industries, Boise Cascade, Sierra Pacific Industries,Champion International,and Fruit Growers Supply Company. • + Project Manager, Puget Sound Power & Light Company White River Hydroelectric Project Wildlife • Mitigation Plan, King County, Washington Prepared a wildlife mitigation plan to comply with • requirements of the Federal Energy Regulatory Commission(FERC) • • Project Manager, Snohomish County Public Utility District Henry M. Jackson Hydroelectnc Project Terrestrial Resource Mitigation Plan, Sultan River,Washington. Prepared a wildlife mitigation plan to . comply with requirements of the FERC • Project Manager, Seattle City Light Right-of-Way Vegetation Studies, Western Washington. . Managed assessments of the potential for using fertilized grasslands and enhanced wetlands to control woody vegetation beneath powerline rights-of-way • PUGET SOUND POWER& LIGHT COMPANY: 1979 to 1985. Environmental Scientist Responsible for environmental review, permitting and monitonng of utility company activities, including several proposed • and existing hydroelectric projects. Served as liaison officer for the licensing of new hydroelectric projects and handled day-to-day environmental and regulatory matters at existing dams Dealt extensively with • the FERC, federal and state resource agencies, Indian tribes and the public on utility-related environmental issues. Supervised the preparation of several FERC license applications and coordinated supporting studies of fisheries, wildlife and cultural resources. Also initiated the first comprehensive • historic assessment of an operating hydroelectric project in the region. • Bioia Pacific,2005 BIOTA. PACIFIC � DOUGLAS R.WOODWORTH • Senior Wildlife Biologist • EDUCATION: B.S., 1931,Washington State University,Wildlife Biology MEMBERSHIPS: The Wildlife Society The Pacific Seabird Group • Society for Northwest Vertebrate Biology • EMPLOYMENT HISTORY: . BIOTA PACIFIC ENVIRONMENTAL SCIENCES, 1999 to present.Principal and Senior Wildlife Biologist. • ■ Project Manager (2004-present) Hancock Forest Management (HFM) Spotted Owl and Marbled • Murrelet Project, Washington Supervised and conducted spotted owl and marbled murrelet habitat evaluation and surveys on forest lands managed by HFM. • Technical Consultant, Elliott State Forest EIS, Oregon Department of Forestry, Salem, Oregon. Participating as part of a consultant team preparing a NEPA EIS for the Elliott State Forest. • Responsible for the assessment of impacts to the northern spotted owl and marbled murrelet. • Project Manager(1999-present) Weyerhaeuser Company Spotted Owl Survey Project,Washington • and Oregon Supervise the activities of crews conducting surveys on Weyerhaeuser property in Washington and Oregon in support of commercial timberland management regulatory compliance. + • Project Manager (1999-present) Weyerhaeuser Company Marbled Murrelet Survey Project, Washington Supervise crews conducting habitat assessments and surveys on Weyerhaeuser • property in Washington and Oregon in support of commercial timberland management regulatory compliance. • • Project Manager(1999-present) Crown Pacific Marbled Murrelet Surveys,Washington. Supervise habitat assessment and surveys in Whatcom County,Washington. • ■ Project Manager (2003-present). Trillium Corporation, Seagrass Cottages Seabird Impact • Assessment, Washington. Prepared an impact assessment for a proposed residential development on waterbirds The assessment provided detailed information on 21 species of waterbirds with . special status,along with mitigation recommendations • • Team Member, Confidential Client, Natural Resource Damage Assessment Restoration Plan. • Developed mitigation options and assisted with the development of a restoration plan dealing for the marbled murrelet. • • Project Manager(2003). Washington Forest Protection Association Barred Owl Literature Review. Reviewed and summarized literature on barred owl ecology and distribution, with emphasis on the • Pacific Northwest. Addressed interactions between the barred and spotted owls (including competition,predation and hybridization)that may impact the recovery of the spotted owl. Included a • review of literature on the historic range overlap in Latin America, and studies of geographic range overlaps between other congeneric species capable of hybridizing BiWa Pacific, 2005 • • Woodworth,Douglas R. Page 2 ■ Project Manager (2002-2003), Bear Mountain Ranch, Master Plan Development, Chelan County, • Washington Produced a wildlife and habitat mitigation plan in consultation with the Washington Dept of Fish and Wildlife Compiled mitigation measures from the Master Plan Development Application, SEPA Checklist and public hearings to protect and develop habitat within the development, including . mule deer winter range and travel corridors • Project Manager (1999-2001) Crown Pacific Hamilton Tree Farm Habitat Conservation Plan, Washington. Developed management options to protect fish and wildlife habitat values on approximately 85,000 acres in Whatcom and Skagit counties,Washington ■ Project Manager, Crown Pacific Canyon Creek and L2 Biological Assessments, Whatcom and • Skagit counties, Washington. Prepared two Biological Assessments for proposed road constn,ction across the Mt.Baker—Snoqualmie National Forest. • BEAK CONSULTANTS INCORPORATED, 1990 to 1998 Wildlife Biologist. Mr. Woodworth was responsible for management of mufti-disciplinary environmental protects, supervision of junior and • seasonal wildlife staff in Washington. • ■ Project Manager(1992-1998)Weyerhaeuser Company Spotted Owl and Marbled Murrelet Surveys, Washington Supervised the activities of crews conducting surveys of spotted owls and marbled murrelets in Washington in support of commercial timberland management regulatory compliance. ■ Project Manager Crown Pacific Illabot Divide Biological Assessment, Skagit County, Washington. • Prepared a BA for proposed road construction across the Mt.Baker-Snoqualmie National Forest. • a Project Manager Trillium Corporation Bald Eagle Communal Winter Night Roost Management Plan, • Western Washington Supervised bald eagle winter night roost surveys, reviewed historical survey results from previous surveys,and developed a bald eagle communal winter roost management plan. • ■ Project Manager Murray Pacific Corporation Spotted Owl and Marbled Murrelet Surveys, Western • Washington. Supervised spotted owl and marbled murrelet habitat assessment and survey activities on Murray Pacific property in Washington Surveys were conducted to support commercial timberland management and the development and monitoring of a Habitat Conservation Plan (HCP). • ■ Task Leader Weyerhaeuser Company Spotted Owl Site Management Plans,Washington. Reviewed • information concerning spotted owl activities, proposed forest management activities and various federal recovery and management plans that pertain to specific spotted owl site centers, and developed a management plan to avoid incidental take under the Endangered Species Act. ■ Task Leader U.S Forest Service/Weyerhaeuser Company Land Exchange Project, Western • Washington Supervised surveys for spotted owls and marbled murrelets on federal lands included in the proposed land exchange, reviewed habitat requirements and known occurrences of threatened and endangered wildlife species within the exchange area, and assessed the potential impacts of the • exchange in a draft Biological Evaluation for the U.S.Forest Service. S • 'I ask�eadec Hydro W est Group,lnc.Hydroe\ectnc 4tolects l�the Nooksack,Skagit and Snoqualmie River Basins, Washington Wildlife studies coordinator assisting with wildlife mitigation plawr\ing and • Federal Energy Regulatory Commission(FERC)Additional Information Request responses. • Project Manager, Weyerhaeuser Company Bald Eagle Nest Site Management Plans, western Washington. Directed field visits to bald eagle nests, literature searches, and the writing of management plans for each of five nest sites located an commercial timberlands piotaPae�C�c,2QQ6 ``? 1' SZ, BIOTA PACIFIC � WAYNE F.BUCK • Wildlife Biologist • EDUCATION: B. S., 1990,University of Washington, Forest Resource Management . EMPLOYMENT HISTORY: BIOTA PACIFIC ENVIRONMENTAL SCIENCES. 1999 to present. Intermediate Wildlife Biologist. • Task Leader (1999-present), Weyerhaeuser Company Marbled Murrelet Survey Project, • Washington. Supervised field crews conducting marbled murrelet surveys in support of commercial forest management. • • Task Leader (2005) Hancock Forest Management (HFM) Marbled Murrelet Project, Washington. • Supervised and conducted marbled murrelet habitat evaluations and surveys on forest lands managed by HFM. . • Project Manager, Fountain Street Wildlife Report, Seattle, Washington. Conducted a field visit and prepared a report detailing the possible impacts to wildlife caused by the proposed construction of • four single-family homes for Stenson Construction. . • Project Manager, Hazelwood Elementary School Wildlife Report, Newcastle, Washington. • Conducted a field visit, prepared a report detailing the possible impacts to wildlife caused by the proposed construction of an elementary school, and responded to public comments for the Renton • School District. • Project Manager, Benson Hill Elementary School Wildlife Report, King County, Washington. • Conducted a field visit and prepared a report detailing the possible impacts to wildlife caused by the proposed construction of an elementary school for the Renton School District • • Project Manager, Omni Construction Wildlife Report, Seattle, Washington. Conducted a field visit • and prepared a report detailing the possible impacts to wildlife caused by the proposed construction • of five single-family homes for Omni Construction. • Project Manager, Quality Rock Gravel Pit Expansion, Little Rock, Washington. Prepared wildlife • review and assessed potential impacts to local wildlife in reference to the proposed Quality Rock • gravel pit expansion. • Project Manager,Crown Pacific,various road-use permit Biological Assessments,Whatcom, Skagit • and Snohomish counties, Washington Prepared Biological Assessment that assessed potential impacts to local wildlife in reference to the granting of a number of road-use easements by the U S • Forest Service to the Crown Pacific Corporation. • BEAK CONSULTANTS INCORPORATED 1991 to 1999. Wildlife Biologist S • Project Manager, Pleasant Harbor Manna Expansion, Brinnon, Washington. Prepared Biological • Assessment for the potential impacts to bald eagles resulting from the expansion of a mamma. • Additionally, prepared management plans for osprey and bald eagles in reference to the same project. • Biota Pacific 2005 • • Buck,Wayne F. Page 2 • • Project Manager, Quinault Casino Wildlife Review, Ocean Shores, Washington. Prepared wildlife review and assessed potential impacts to local wildlife in reference for the proposed Qumault Gambling Casino • • Project Manager, Landmark, Inc., Fir Glen Wildlife Study, Redmond, Washington Conducted wildlife study on 13-acre development site. Provided expert testimony during public hearing in • reference to potential impacts on pileated woodpeckers • Task Leader, Crown Pacific Hamilton Tree Farm Environmental Impact Statement. Prepared air • quality section • • Team Member, Crown Pacific Hamilton Tree Farm Habitat Conservation Plan. to his capacity as • wildlife biologist,helped prepare species accounts and assess impacts • • Team Member, Murray Pacific Corporation Cowlitz and Nisqually River Basins Watershed Analyses, Lewis County, Washington Conducted the Level 1 aerial photograph interpretations for the Riparian • Function Module assessment of the East Fork Tilton Watershed Analysis_ • Team Member, Weyerhaeuser Chehalis and Willapa Watershed Analyses, western Washington • Conducted Level 1 aerial photograph interpretations for the Riparian Function Module of the Willapa and Chehalis River Watershed Analyses. • • Task Leader, ITT Rayonier SEPA Timber Harvest Environmental Impact Statement, western Washington Conducted marbled murrelet surveys in support of a State Environmental Policy Act • (SEPA)Environmental Impact Statement(EIS)for a proposed timber harvest. • • Task Leader, Rayonier Timberlands Operating Company Habitat Conservation Plan, Olympic Peninsula,Washington Supervised and conducted spotted owl site monitoring surveys in support of timber operations and the development of a Habitat Conservation Plan. • Field Biologist, U S. Forest Service/Weyerhaeuser Company Land Exchange Project, western • Washington Trained for and conducted wolf howling surveys in support of a Biological Evaluation for • a proposed land exchange. • • Task Leader (1991-1996), Weyerhaeuser Company Spotted Owl Survey Project, Washington. Supervised field crew, provided technical support, agency coordination, and database management • for the spotted owl survey program conducted in support of commercial forest management • Field Biologist, Quadrant Corporation/Talyo-American Corporation Beaverdam Country Club and • Residential Development SEPA Environmental Impact Statement, Issaquah, Washington. Assisted in on-site water quality monitoring and periodic storm event water quality sampling to develop . pre-construction baseline conditions. • Task Leader, Burlington Northern Santa Fe Railway, Lyle,Washington Prepared terrestrial species • portion of Biological Assessment for potential impacts to bald eagles and peregrine falcons that may result from construction of railroad siding in the Columbia Gorge,Washington • . Biologist, Murray Pacific Corporation Cowlitz and Nisqually River Basins Watershed Analyses, Lewis County, Washington. Prepared SEPA checklist for the Connelly, Mineral, and North Fork • Mineral,and West Foik Tilton Watershed Analyses • • Task Leader, U.S. Fish and Wildlife Seance and Weyerhaeuser Company NEPA Environmental Assessment, Willamette Timberlands, Oregon. Prepared sections on land use and social and . $iota Pacific 2005 • • • Buck,Wayne F. • Page 3 economic conditions for environmental consequences section of environmental assessment prepared • in reference to a habitat conservation plan. Biota Pacific 2005 • KATHLEEN W. SMAYDA �d Smayda Environmental Associates, Inc c 139 NG 61st Street la • Seattle,G'+'A 98115 (206)3224)199 • kwsmaydaCaol.com Ms. Stnayda has conducted vegetation and wildlife studies in the Pacific Northwest and • Alaska for over 20 years. Her experience includes assessment of wetlands, 11parian,and upland vegetation,Taro plant surveys,wetland delineation,habitat mapping,and wildlife surveys. She has prepared biological assessments for plant and animal species and has • developed detailed habitat protection,mitigation and enhancement plans. Ms.Smayda rs • knowledgeable of county,state and federal regulations regarding wildlife and vegetation resources,and has worked extensively with agencies and non-governmental organizations to implement the requirements of the National Environmental Policy Act,the Endangered • Species Act,U.S.Army Corps of Engineers wetlands peiuuittiug,Washington Slate Energy Facility Site Evaluation Council certification,and Federal Energy Rep ilatory Commission relicensing of hydroelectric projects. • EDUCATION M.S.Botany, 1982. University of Washington,Seattle,Washington • B.S.Biology, 1978. Marlboro College,Marlboro,Vermont CERTIFICATIONS Habitat Evaluation Procedures(HEP),U.S.Fish and Wildlife Service, 1985 Delineation of jurisdictional Wetlands,National Wetlands Science Training Coop., 1990 REPRESENTATIVE PROJECTS ii'a11a1aPomerProjcct, Washington Prepared wildlife,wetlands,and vegetation assessments fora proposed 1,300 MVO'natural • gas combustion turbine power plant to inert the requirements of the Washington Energy • Facility Site Evaluation Council. Piepaied vegetation maps,conducted rare plant and weed surveys,performed wildlife surveys,delineated wetlands,evaluated wetland functions and values,and evaluated potential effects of project construction and operation on these • resources. Negotiated settlement agreement with Washington Department of Fish and Wildlife on mitigation plan that included timing restrictions near raptor nests,wetlands enhancement at the McNary National Wildlife Refirge,and revegetation of disturbed areas with native shrub-steppe species. • Client- Mallula Generation, LLC • Soda Lake, I1),ouring • Perfomued vegetation mapping,vegetation surveys,and wetlands delineation and functions and values assessment at a 650-acre constructed lake and wetland. Destgned and conducted surveys for nesting and juvenile waterfowl and wading birds Assisted in preparation of • USACE 404(b)(1)and Nationwide 38 pen-nit for proposed sediment capping project at tlue site, including monitor mg of effects to wetlands and wetland restoration Planning_ Client The ReTec Group,Inc. • K.Smayda resum 03102n005 ] • • • Peltan-Round Butte Flvrboelectrie Project Relicenshig, Oregon Evaluated botanical and wildlife resources ofthe Deschutes River basin using a • modification of the Ecosystcro Diagnosis and Ticainicnt(EDT)methodology. Served as team leader and facilitator for technical team composed of stakeholders,agency,and non- governmental organization iepreseniatives. Prepared terrestrial resources assessment for FERC competing license application,including a comprehensive habitat protection, • mitigation,and enhancement plan for the project. Worked closely with US Fish and 'Wildlife Service,Bureau of Land Management,NRCS,and U.S. Forest Service representatives to develop proposed upland,riparian,and shoreline enhancement plans for public and private lands. Client- 4 ariii Spi rigs Poirer,Eirterpl ices Baker River Hydroelectric Project Relicensing, Washington Prepared wildlife and botanical resources chapters of an Environmental Assessment evaluating the effects of iehcensing of the Baker River Hydroelectric Project. Assessed the effects of continued project operation with and without implementation of proposed protection,mitigation,and cnliancerned measures as developed by the terrestrial resources wotking group. Developed a drat} Biological Assessment for proposed and listed threatened • and endangered species Client: Pnget Sowid Eneigv Rare Plant Surveys,selected Pacific Northwest sites , Designed survey plans,researched existing information on plant species occurrence, reviewed herbarium specimens,evaluated potential habitat,and conducted field surveys for a variety of threatened,endangered,and sensitive plant species • Sandy Beach Road EA, AK • Willamette Falls Project,OR • St Manes Rivei Site EA,ID • Methow Valley Irrigation • Coeur d'Alene Tribal Fish Ifatchety District,IVA • EA,ID • Wallnla Power Project,WA Riparian Revegetation Plans,selected Wacltington and Oregon sites • Developed revegetation plans for riparian and salmon stream enhancement projects using native plant species. Revegetation plans incorporated considerations for soil stabilization, stream shading,wildlife habitat value,and land use requirrnrents Plant materials, installation requirements,maintenance and monitoring specified as appropriate for each site. . • Bear Creek,Clallain Co.,WA • Hylebos Creek,King Co.,WA • Chirnacurn Creek,Jefferson Co.,WA • Gamble Creek,Kitsap Co,WA • Thomton Creek,King Co.,WA • Salmonberry Creek,Kitsap Co.,WA • IF Maplewood Creek,King Co.,WA • North Santiam River,OR Habitat Management Plans, various Washington sites • Developed habitat management plans for private landowners and development authorities , for mitigation of the effects of construction prtijects on fish,wildlife,riparian,and wetlands habitat Evaluated critical areas conditions,habitat functions and values,and effects of proposed activities. Developed alternatives for habitat protections,enhancements, mitigation,and monitoring Negotiated agency requirements for amount of compensatory mitigation,location of suitable mitigation sites,acid appropriate implementation and monitoring standards. Clients. Confidential . rc Smaydarmunic 03/02/2005 2 City of Kent HCP SEPA EIS Cultural Resource Sections—Historical Research Associates,Inc. FIRA will perfonn four(asks for the cultural resources portions of SEPA EIS.The work • (Task 1)will begin with background research into previous cultural resouuces studies and recorded archaeological and historical sites for the HCP area. HRA staff wilt check • records at[lie State Department of Archaeology and I{istoric Preservation in Olympia, • along with historical federal survey maps and information on the area's prehistory, history, and Indian land use.During this task,HRA may make a field visit to observe the Project area • Task 2 will comprise Section 106 consultation with the State Department of Archaeology and Historic Preservation and the interested tribes,which are expected to be the • Muckleshoot Tribe and the not-federally recognized Duwanush Tribe.Consultation will • consist of preparing drafts of three rounds of letters to be sent to the agency and tribes to address the Nrea of Potential Effects,the inventory and evaluation of resources,and Project effects and mitigation measures HRA staff will attend up to three meetings with S DAHP and the tribes to discuss these topics_The meetings could be held at agency or tribal offices or at the Project area. Task 3 will consist of analyzing background information and preparing sections for the Draft EIS on the methods and results of the cultural resources work The report will include information on existing conditions for cultual resources,followed by potential Project effects and Possible mitigation measures.Task 4 will consist of the cultural • resources sections for the Final EIS. HRA will plan to attend up to two project meetings. � � � � � � � � � � � � � � � � : ., ;;!_. . | � _ ----- ! . � � � a j EE ; -;aji - | / - - ! !&t (!z!! ■ § 2 0- \ � ` ; _ !, w` � � � GAIL TOHNOMPSON 0 TITLE Vice President 0 Senior Associate Cultural Resource Specialist • EXPERTISE Cultural Resources 0 Indian Tribal Concerns EDUCATION i Ph.D.,Anthropology, 1978 i UNWEP61TY OF WASHINGTON 0 Master of Arts,Anthropology, 1971 0 UNIVERSITY OF WASHINGTON 0 Bachelor of Arts, cuut laude with honors,Anthropology, 1969 UNIVERSITY OF WASHINGTON SUMMARY OF EXPERIENCE • Dr Gail Thompson has more than 25 years of experience in cultural i resource planning throughout the western states and Alaska. Her work has s included studies in archaeology, history, and American Indian issues for numerous projects in hydroelectric power, energy,natural resource, industrial, transportation, military, commercial, and residential developments. i • • • • i 0 GAIL THOMPSON-Page 2 • BONNEVILLE POWER AUTHORITY TRANSMISSION LINE WORK, WESTERN WASHINGTON Principal in charge and cultural resource specialist for cultural resource assessinents of several projects,including Covington-Maple Valley No-2 and • Kangley-Echo Lake Transmission Lines CITY OF RFNCON QUENDALL LANDING DEVELOPMENT,RENPON,WASHINGTON • Principal in charge of historical resource assessment for proposed commercial development and interstate highway excliange. NORTF WES i'PIPELINE COMPANY NATURAL GAS PIPELINE SYSTEM EXPANSION, WASHINGTON STATE • Cultural Resource Specialist for assessment of numerous facilities; work included survey,test excavations,Native American consultation,management plans,data recovery,salvage excavation, and construction inonitoriiig. SIGNATURE POINT APARTMENTS AND GREEN RIVER CONDOMINIUM,KENT,WASHINGTON Principal investigator for cultural resource assessment STATE ROUTE 18 INTERSECTION HISTORIC RESOURCE ASSESSMENT,AUBURN, • WASHINGTON. • Principal in charge of historic resource assessment and Section 4(f)evaluation of proposed "intersection development. SEATTLE PUBLIC UTILITIES CEDAR RIVER WATERSHED CULTURAL RESOURCE MANAGEMENT PLAN,KING COUNTY WASHINGTON S Cultural resource specialist for preparation of cultural resource management plan based on compiling information froin previous consultant and utility drafts, addressing agency and tribal continents. CrrY OF NEWCASTLE CULTURAL RESOURCE REVIEW,WESTERN WASHINGTON Cultural Resource Specialist for City's review of proposed residential • development. • SEATTLE PUBLIC UTILITIES LAKE YOUNGS TREATMENT FACILITY,KING COUNTY, WASHINGTON Principal Investigator for cultural resource assessment of proposed water treatment facility_ CITY OF TUI.`WILA,KING COUNTY,WASHINGTON Principal Investigator for preparation of archaeological sensitivity map,review of draft cultural resource regulations,presentation on Indian tribal relations,and cultural resource assessment and construction monitoring of coin iunity center. • • • • • • Karen S.R. Bums Clark Springs HCP Environmental Impact Statement Scope of Work: • Karen Burns will provide editing services for the draft and final EIS documents. These services include review of the documents for formatting,grammar,style,and references. Ms.Burns will • also review the document for clarity and concision of the technical discussions. • Budget: • Task 1.Editorial review of the draft EIS:80 hours • Task 2.Editorial review of the final EIS.40 hours • Total budget: 120 hours;$6,600 00 • • • • • • • • • • • • • • • • • • • • • • • • i 10/17/05 fluty 14:48 MI. 4Z58Z74498 Jteve burns WJ UUL • i . i Karein S. l?Burns • Editor i • SERVICES • • Editing of scientific documents, including environmental impact statements and babitat • conservation plants, since 1995: • I1 fonnar (is the structure ofthe document consistent,logical and well organized; do tables and graphs follow their citations;are refcrences properly cited) ■grammar(spelling,subjectfverb agreement, syntax,sentence construction) i e style(especially necessary when document is written by multiple authors) R references(ensuring that all citations are referenced and that references are • prepared in a standard and uniform format) • • -ACnGR0Ur-,rD • Freelance editor, 1997 to present. Clients include Polaris Applied Sciences,Inc.,Biota • Pacific Environmental Sciences,Inc.,R2 Resource Consultants,Inc.,Adolfson • Associates,Inc., Caimcross and Hempelman,P.S. Edit a variety of technical documents, including executive summaries,habitat conservation plans, and environmental impact • statement!;- Publications editor,Beak Consultants Incorporated, 1995 to 1997. Served as document • coordinator and technical editor. Also wrote company style guide and consulted with • authors on technical writing. • Free-lance writer, 1990 to 1995. Self-employed in Paris,France(1990 to 1994)and • Kirkland,Washington(1994 to 1995). Wrote marketing brochures, employee manuals, • technical manuals, and magazine articles for a diverse clientele,including(in France) • Groupe Bull, Schlumberger,France Telecom,and Alcatel;and(in Washington) Weyerhaeuser and Weaver Associates. • Corporate communications writer and manager,Honeywell Aerospace, 1981 to 1990. • Wrote and produced newsletters,brochures, videotapes,and directories. Acted as media • liaison- Managed national advertisement campaign and served on board to administer a • $500,000 charity fund. i ROTES i • $55 per hour • • Karen 5 R.Burns,4575 103'd Lane,N.E.,Kirkland,Washington 98033 • phone:425 827 04715 ■ fax 425 827 4408 0 email:ksrbnrns@aoLcom i • • i • EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS . Insurance The Contractor shall procure and maintain for the duration of the Agreement,insurance • against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, i representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, . independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 l 1 85. There shall S be no endorsement or modification of the Commercial General Liability a insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Conmmeiciat General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. • 2. Workers' Compensation coverage as required by the hmdustrial Insurance laws of the State of Washington. • 3. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000.000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate lint. 2. Professional Liability insurance shall be written with limits no less than • $1,000,000 per claim and $1,000,000 policy aggregate limit. i EXHIBIT B (Continued ) • C. Other Insurance Provisions • The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained • by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. • 3. The City of Dent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The • Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insu►er's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than i AN IL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for • subcontractors shall be subject to all of the same insurance requirements as stated herem for the Contractor. � -fir[ 9 A 1�f�+ /tDATE AQVQR .. �ER it 6Fe�rA-%Ti- 'sucrl E�E�i ��E fit 1 �F�+�►[ airi€ICE 07I051os°mrY) • PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northwest of Washington ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 100 i Fourth Avenue,Suite 1800 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 93154 20 5-3100 INSURERS AFFORDING COVERAGE A NiAiC IF • I" ' INcur.ERA if S 1 &G Insurance - R2 Resource Consultants, Inc. INSIIPERR Unigard Insurance Company wa.rn4 n�. a.r+n tree.MIZ I t Snor-ianv Insurance n Il v 1 ftsdmond.WA 98052 �%RLR= S��-.�.., C_m,.an, " INSURER U iNSHRER E _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWI THSTANDING • ANY REOWREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA TE MAY PE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY Tt IF POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOVYN MAY HAVE BEEN REDUCED BY PAID CLAIMS. +INSRYADDI POLICY EFFECTIVE POLICY EXPIRATION • 1_CTR NSRE TYPE OF INSURANCE POLICY NUMBFR ATE MWDDI'YY DATE(MMIDD/YYi LIMITS ^, GENERALLIABILITY SK01415360 07101,105 07101;06 E�CHoccu4RENCE $1000000 . X COMMFPCIALGENERALLIABIUIY DAMAGE TO RENTED $1,UD0,000 _ vF jj ES a-nr- m P . CLAIMS MADE RX OCCUR MED EXP(Any perta)l $10 000 PERSONAL&ADV INJURY $1 000 000 • GENERAL AGG.EGATE s2,000.000 GENT.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG Q OOO 000 POLICY51PRO- LOG _ . B AUTOMOBILE LIABILITY BA603342 07101/05 07/01/06 CCMBINED SINGLE LIMIT $q 000,000 X ANY AUTO (Ea accxienl) • ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS rRr pmm) X HIREDAUTOS BODILY INJURY • X NON-OWNED AUTOS (Pera CdeM) $ • PROPERTY DAMAGE S (Pere Mdenll • GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ • ANY AUTO EA ACC S OTHER THAN AUTO ONLY AGG S • EXCESSMMBHELLA LIABILITY EACHOCCURRENCE S • OCCUR CLAIMS MADE AGGREGATE S f DEDUCTIBLE $ • RETENTION $ $ A WORKERS COMPENSATION AND BKO1415360 07101/05 07101106OTTE we ILMLI X FR Li. • EMPLOYERS'LIABILITY (WA Stop Gap) EL EACH ACCIDENT $1,000,000 ANY PROPRIETOWPARTNEWEXECUTIVE . orriCERIMEMrEREXCLUDED? E! DISEASE-FAEMftOYEE $1 OOO,OOO U yes tlescriFe under SPECIAL PRINSIONS below EL DISEASE-POLICYUMIT I$1 000,000 • C OTHER Professional US051119001 07101l05 07101/06 $1,000,000 per claim Liability $1,000,000 annl aggr. • DESCRIPTION OF OPERATIONS/LOCATIONS IVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Habitat Conservation Plan for the Clark Springs Water Facilities. The City of Kent is named as additional insured on the General Liability • Policy,with respects to operations of the named insured. Coverage is primary.Other insurance maintained by the certificate holder will not be tatted upon to contribute. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45_ DAYS WRITTEN . Don Wickstrom,P.E. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO$O SHALL • 220 Fourth Ave.s. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED JZEPRESENTATIVE ACORD 25(2001108)1 of 2 #M159410 6DOJU 0 ACORD CORPORATION 1988 • • Policy Number: BKO1415360 I iA11:1t; Cove ige 11111alicealpent- s Arditacts and Enginaars cainnoccancnir �Iauutnauetrwtp I • s • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided underthe following- s LIABILITY COVERAGE PART. s 1_ The following replaces the final paragraph of (a) Your neghgence;or SECTION II.WHO IS AN INSURED,I.. s (h) The negligence of another person or • However,Pro person or organization, is an insured organization for whom you are . with respect to the conduct of any cur rent or past liable; partnership, joint venture, limited liabiht, company or trust that is not shown as a Named (2) "Bodily injury", 'property damage", • insured in the Liability Coverage Part "personal Injury' or "advertising injury" Declarations This provision does not apply to you, for which such person or organization for your participation in any past or present has assumed liability in a contract or . "unnamed joint venture', or if that person or agreement, except for liability for organization is otherwise an insured under damages that such person or Pat agiaph 2.below. organization would have in the absence • of the contract or agreement; 2. The following is added to SECTION if, WHO IS AN INSURED,2: (3) "Property damage'to, , Person Or Organization Required By (a) Property owned, used or occupied Written Contract by, or loaned or rented to, such person or organization, • Any person or organization that you agree to add as an insured under this Liability (b) Property over which such person or • Coverage Part in a written contract of organization is for any purpose agreement that is made before,and in effect exercising physical control,or s when, the 'hodily injury" of 'property s damage" occurs or the offense that causes !c) Your work' performed for the s the"personal injury" or"advertising injury' is insured,or first committed,but only with respect to that (q) 'Bodily injury', "property damage", • person or organization's liability arising out "personal injury' or 'advertising injury' s of "your work" for that person or arising out of any architect's, engineers organization or surveyors rendering of, or failure to . However, such person or organization is not render, any 'professional service', when • an insured with respect to any such person or organization is an architect,engineer or surveyor . (1) Bodily injury", "property damage",'personal injury" or "advertising injury" 3. The following is added to SECTION il. WHO IS AN s that does not arise out of- INSURED. GIN 26 09 09 03 inclines copyrighted material of tnsurance services Office with its pemxssIon Page t of 3 s U"right,Incuranre$ernr es 016re,[tic 2001 s • ! • 'Unnamed joint venture' means any joint venture • in which you are a member or partner where- • a. Each and every one of your co-ventures in • that joint venture is an architectural, engincaing er so:"eying ffrr,.,and • u. That join, venture is not named in ;e Liab oil • Covera gB Part Declarations • "Your premises" means any premises, site, or • location owned or occupied hy,or rented to,you • 'Your project' • • a. Means any premises, site or location at, on, ! or in which'your work" is not yet completed, and • • 6. Does not include "your premises' or anv location listed in the Schedule of Premises • All other terms of your policy remain the same • • • • • • • • • • • • • • • • • • I I N 26 09 0903 Includes cwynghted mafermi of Insrrrance Services Office wiIii .:perml„ron Page 3 of 3 • currynghl,h1surance Smires office Iix 200I • • Kent City Council Meeting Date February 21, 2006 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER TIM CLARK— APPROVE 2. SUMMARY STATEMENT: Approve an excused absence from tonight's Council meeting for Councilmember Clark. • 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure's N/A Revenue? N/A i Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H City Council • Dr. Deborah Ranniger, Council President • • Phone 253-856-5712 Fax 253-856 6712 0 K E N T WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 0 0 MEMORANDUM i • 0 TO: Suzette Cooke, Mayor 0 City Councilmembers • FROM: Tim Clark, Councilmember 0 0 DATE: February 21, 2006 0 SUBJECT: City Council Excused Absence 0 I would like to request an excused absence from the February 21, 2006 • City Council meeting. I will be unable to attend. is i Thank you for your consideration. Tim Clark • 0 .lP • Kent City Council Meeting Date February 21, 2006 Category Consent Calendar 1. SUBJECT: 2005 ASPHALT OVERLAYS —ACCEPT AS COMPLETE • 2. SUMMARY STATEMENT: Accept the 2005 Asphalt Overlays project as complete and release the retainage to Icon Materials upon standard releases from the state and release of any liens. The original contract amount was $692,952.80 with the original contract actual cost of$664,304.36. The 277`h Trail Project was added to the i 2005 Asphalt Overlays to take advantage of pricing adding $247,293.64 to the contract. The final contract amount is $911,598.00. • 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure? X Revenue? NIA Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I Kent City Council Meeting Date February 21, 2006 Category Bids 1. SUBJECT: EAST HILL SKATE/BMX BOWL CONSTRUCTION RE-BID 2. SUMMARY STATEMENT: The bid opening was held on February 6, 2006, with two bids received. The apparent low bid was submitted by TF Sahli Construction for the base bid amount of$362,125.00, excluding Washington State Sales Tax (WSST). Two alternates were included in the bids (See attached bid tab). The Engineer's estimate is $425,000.00 • The Parks Director recommends authorizing the Mayor to enter into an agreement with TF Sahli Construction for base bid ($362,125), plus alternative number one ($50,000), totaling $412,125.00, plus WSST to complete the BMX/skate bowl project at East Hill Skate Park. . 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT • Expenditure? X Revenue? N/A . Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ • 6. CITY COUNCIL ACTION: Councilmember IVn moves, Councilmemb seconds authorize the Mayor to enter into an agreement with TF Sahli Construction for base bid and alternate number one in the amount of$412,125.00, plus Washington State Sales Tax, to complete the East hill Skate/BMX Bowl Construction Project. DISCUSSION: W0 ACTION: n Council Agenda • Item No. 8A • KENT WASHINOTOH • BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PR03ECT: PR 2006 01 NAME: East Hill Skate/BMX Bowl Construction - Rebid • DATE: February 6, 2006 Due: 10:00 a.m. Opened: 10:15 a.m. Bidder Base Bid Alternate Bids Total, Excluding WSST 1. TF Sahli Construction $362,125.00 1. $50,000.00 $412,125.00 Surien, WA 2. $48,000.00 Includes Alt. #1 • 2. Grindline Skateparks $425,000.00 1. $57,000.00 $482,000.00 Seattle, WA 2. $50,000.00 Includes Alt. #1 • ENGINEER'S ESTIMATE: $425,000 Each bidder was required to submit a Contractor's Qualification Statement. Staff will review the bids and recommend that Kent City Council award the low bid to TF Sahli Construction in the amount of $362,125 plus Alternate Bid #1 $50,000 = $425,125.00. 1 • • • • REPORTS FROM STANDING COMMITTEES AND STAFF • A. COUNCIL PRESIDENT • • B. OPERATIONS COMMITTEE • C. PUBLIC SAFETY COMMITTEE • • • i D. PUBLIC WORKS • • i E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE • • F. PARKS AND HUMAN SERVICES COMMITTEE • i • • G. ADMINISTRATIVE REPORTS • • • • REPORTS FROM SPECIAL COMMITTEES • • • • • • KENT • WASHINOTON OPERATIONS COMMITTEE MINUTES JANUARY 17, 2006 Committee Members Present: Chair Tim Clark, Deborah Ranrnger, and Debbie Raplee i • • The meeting was called to order by Tim Clark, Chair at 4:02 p.m. 1. APPROVAL OF MINUTES DATED DECEMBER 6, 2005 Deborah Ranniger moved to approve the minutes of the December 6, 2005, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED DECEMBER 15, 2005, DECEMBER 29, 2005, AND JANUARY 15, 2006 • Finance Manager Bob Nachlinger presented the vouchers for December 15, 2005, December 29, 0 2005, and January 15, 2006, for approval and provided the new Operations Committee members with a brief explanation of the vouchers and charges. • Chair Tim Clark moved to approve the vouchers dated December 15, 2005, December 29, 2005, and January 13, 2006. Debbie Raplee seconded the motion, which passed 3- 0. 3. 2005 BUDGET ADJUSTMENT ORDINANCE Finance Director Bob Nachlinger presented the Property Tax Increase Ordinance. Mr. Nachlinger advised that this 2005 Budget Adjustment Ordinance is basically a codification of the Council's actions. He advised that authorization is requested to approve the technical gross budget adjustment ordinance totaling $15,812,742 for budget adjustments made between July 1, 2005 and December • 31, 2005. The net amount, excluding transfers, is $15,478,877, of which $15,808,398 was previously approved by Council and were primarily for projects. The net amount of $4,344 not yet approved by 40 Council, is for revenue received in the form of donations and to authorize related expenditures in that amount for the Drinking Driver Task Force project for Police. 19 Deborah Ranninger moved to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between July 1, 2005 and December 31, 2005 totaling $15,812,742. Debbie Raplee seconded the motion, which passed 3-0. Operations Committee Minutes January 17, 2006 Page: 2 For Informational Purposes Only • Chair Tim Clark advised that he will not be in available to attend the February 21, 2006, Operations Committee meeting. • The meeting was adjourned at 4:14 p.m. Renee Cameron • Operations Committee Secretary 2 • �� • �-r KENT Parks and Human Services Committee Minutes January 19, 2006 Council Committee members present: Deborah Ranniger, • Ron Harmon, Bob O'Brien The Kent City Council Parks and Human Services Committee meeting was called to order by Chair Deborah Ranniger at 4:00 p.m. 1. Approval of Minutes Bob O'Brien moved to approve the Parks and Human Services Committee meeting minutes of the November 17, 2005. Ron Harmon seconded and the motion passed 3-0. 2. Lease Agreement with CLEARWIRE, LLC for Wireless Communications Equipment at Wilson Playfields - Authorize Parks and Open Space Project Manager Shane Gilbertson reported that the city leases park • property to cellular companies to install communications equipment and/or cell towers for a fee. CLEARWIRE, LLC is requesting authorization to install wireless communications equipment at Wilson Playfields (refer to Exhibit C and D). As part of the lease agreement, • CLEARWIRE, LLC will pay the City of Kent $1,350.00 per month. The funds collected from lease agreements are used to offset lifecycle costs to replace lights and poles. T-Mobile currently leases a light pole at Wilson Playfields for a cell tower, and no additional leases will be considered at Wilson Playfields. Ron Harmon moved to recommend Council authorize the Mayor to enter into a lease agreement with CLEARWIRE, LLC to install wireless communications equipment at Wilson Playfields, to accept the monthly rental fee of $1,350.00 and approve the • expenditure of funds in the Light Pole Replacement budget. Bob O'Brien seconded and the motion passed 3-0. 3. 2005 Fourth Quarter Fee-in-Lieu Funds - Accept and Amend Budget • Parks and Open Space Planner Perry Brooks explained that Ordinance 2975 requires developers to dedicate open space in proximity to new construction sites or pay "fee-In- lieu" funds. The fee-in-lieu is based on assessed land values. The funds must be used for improvements at parks closest to the development and within five years of receipt. • Per Ordinance 2975, paragraph 12.04,450, the lot size determines the fees charged for land development. Between October and December 2005, the City of Kent received a total of $21,225.00 • from developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in two subdivisions. Bennett Sherman, LLC paid $10,500 for Goff Short Plat and Skyline Construction paid $10,725.00 for Jessica's Place Development. Bob O'Brien moved to recommend Council accept the fee-in-lieu funds from developers in the amount of $21,225.00 and authorize the expenditure of funds in the East Hill Parks and Human Services Committee Meeting Minutes January 19, 2006 Page 2 Skate Park and Mill Creek Earthworks Park budgets. Ron Harmon seconded and the motion passed 3-0. 4. King County Parks Youth Sports Facility Grant for West Fenwick Park - Accept and Amend Budget Perry Brooks informed the Committee that staff received a grant from the King County Parks Youth Sports Facility Grant program to fund improvements at West Fenwick Park. Improvements include replacing the restroom and shelter building that was destroyed by • vandals, moving the existing half-basketball court to a new, safer location in the park and expanding it to a full court, ading 15 parking stalls, relocating of the ADA stalls and paving the entry from the parking lot to the new restroom. Ron Harmon moved to recommend Council accept the King County Parks Youth Sports Facility Grant of $35,000.00 to fund the West Fenwick Park Basketball Court Project and approve the expenditure of funds in the West Fenwick Park Renovations budget. Bob O'Brien seconded and the motion passed 3-0. • S. Town Sguare Plaza Carousel Sole Source Purchase - Authorize John Hodgson reported that in 2006, the Parks Department will be constructing Town Square Plaza at the municipal parking lot. One of the features of the park will be a carousel and a mini portable ice skating rink. The carousel can be operated seasonally and used in the community enhancing other events throughout the year. The carousel was inspected by staff. The specially designed tractor trailer will be used for storing and transporting and is . included in the purchase price of $78,000.00. Staff received a pledge from the Kent Parks Foundation to provide $48,000.00 of the purchase price. Ron Harmon researched the exact same style carousel in Nevada and found that, at 12 years • older, and not including the tractor trailer storage unit, the cost was $10,000.00 more. Horses are currently being sold to assist in the purchase. Additional funds will come from a ride fee and rental fees for use at events throughout the city. In addition, the carousel can . be purchased with naming rights for five years. Rental contracts will ensure insurance coverage. As part of this purchase, and pursuant to Kent City Code Section 3.70.080, staff is • requesting the Mayor sign a Procurement Waiver (see attachment), as purchase of this one-of-a-kind item qualifies as a limited single source condition. Bob O'Brien moved to recommend Council authorize the Mayor to enter into a sole source agreement with BUMPERS INC. to purchase the Bertazzon "Venetian Carrousel." Ron Harmon seconded and the motion passed 3-0. 6. Western States Arts Federation Grant - Accent and Amend Budget Cultural Services Manager Ronda Billerbeck announced that staff received two Western States Arts Federation (WESTAF) grants for a total amount of $4,000.00, in support of a, the Kent Arts Commission's 2006 performing arts program. The two "TourWest" grants . fund the presentation of touring performances and educational activities in the 2005- • • Parks and Human Services Committee Meeting Minutes • January 19, 2006 • Page 3 • 2006 Spotlight Series season. $2,125.00 has been awarded to present Cantabile (a vocal • quartet) on February 3, and $1,875.00 has been awarded to present a performance of • Creole music and culture by Terrance Simien and the Zydeco Experience on February • 28. • The grants were previously accepted as part of the City's 2006 budget process. The • grant agreement mandates that the city contract with performers from outside the Kent • area. • 7. Aquatic and Recreation Facility Feasibility Study - Informational • Acting Director Lori Hogan updated the Committee on the status of the Aquatic/Recreation • Feasibility Study. This Forward Thrust pool located at Kent Meridian High School was built in • 1972. In 2002, the city took ownership of the pool from King County. At that time, Aquatic Management Group was contracted to operate the pool. City staff inspected the building and • pool and found it was not structurally sound. Council directed staff to conduct a feasibility • study of the pool and in June 2005, GreenPlay was contracted. Results from focus groups • meetings, a citizen's survey and staff input, determined that Kent residents support a new community pool and a recreation facility. The feasibility study is complete and will be • available within a month. • The next step is for staff and Council to review the study in order to chose a concept and • funding options. Lori and John clarified that the $12M in Councdmatic bonds approved by • Council in December does not include budgeting for the pool, but is dedicated to park • projects and land acquisition. No funding has been determined yet, but does depend on Council approval. GreenPlay plans to conduct additional citizen surveys. The first survey will • determine basic funding, but mostly preferred amenities. The second survey will determine • exact funding. • The meeting adjourned at 4:28 p.m. • Teri Petrole • Secretary, Parks and Human Services Committee • • • • • • • • • I • • • • • CITY OF KENT • PUBLIC SAFETY COMMITTEE MEETING MINUTES January 19, 2006 COMMITTEE MEMBERS: Ron Harmon,Bob O'Brien, and Les Thomas, Chair • • The meeting was called to older by Chain Les Thomas at 5 00 PM • Fire Chief Jun Schnetdei i equested that one item be added to the agenda. Chair Thomas noted the added agenda item would be 5(a) 1. Approval of Minutes Bob O'Brien moved to approve the minutes of the November 17,2005 meeting. The motion was seconded by Ron Harmon and passed 3-0. 2. King County Office of Emergency Management grant—ACCEPT and AUTHORIZE Fire Chief.Tim Schneider explained the proposed use of funds in au amount not to exceed $75,000. Ron Harmon moved to recommend placing this item on the Consent Calendar of the February 7,2006 Council Meeting, accepting the reimbursable grant monies not to exceed $75,000 and authorizing the Mayor to sign the contract King County Office of Emergency Management to receive the funds. The motion was seconded by Bob O'Brien and passed 3-0. 3. Purchase of Fire Department replacement vehicle —AUTHORIZE Fire Chief Jim Schneider r eviewed the bid results. Bob O'Brien moved to recommend that Council authorize the Fire Department to enter into a contract with BBC Dodge for the purchase of a replacement vehicle for the apparatus maintenance facility, place this item on the Consent Calendar of the February 7,2006 Council Meeting, and that the Mayor be authorized to sign said contract. The motion was seconded by Ron Harmon and passed 3-0. 4. Goods and Services Agreement with Lighthouse Uniform Companv-AUTHORIZE Fire Chief Jim Schneider explained the put pose of the Agreement Ron Harmon moved to recommend placing this item on the Consent Calendar of the February 7,2006 Council Meeting,awarding the RFP for Uniforms to Lighthouse Uniform • Company and authorize the Mayor to sign the Goods and Services Agreement for the identified purchase. The motion was seconded by Bob O'Brien and passed 3-0. • 5. Fire Department 2006 Work Plan—INFO ONLY Fire Chief Jun Schneider reviewed the 2006 Work Plan. • U ADDED ITEM-Costco Wholesale donation-ACCEPT Fire Chief Jim Schneider explained the proposed use of the grant funds Bob O'Brien moved to recommend placing the acceptance of the Northwest Regional Office • of Costco Wholesale donation on the Consent Calendar of the February 7,2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 6. Kina Countv Public Entitv Services Contract— AUTHORIZE • Police Chief Ed Crawford and Deputy City Attoi ney Pahrck Fitzpatrick explained the purpose of the contract. Ron Harmon moved to recommend that Council authorize the Kent Police Department to enter into a contract with King County for reimbursement of prescribed medications a the Cite of Kent Corrections Facility,place this item on the Consent Calendar of the February 7,2006 Council Meeting and that the Mayor be authorized to sign said contract. The motion was seconded by Bob O'Brien and passed 3-0. 7. U.S.Dept. of Justice FY 2006 grant—AUTHORIZE Police Chef Ed Ciawford explained the proposed use of the grant funds Bob O'Brien moved to recommend that Council authorize the Kent Police Department to , apply for the Bureau of Justice Assistance FY 2006 Grant and placing this on the Consent Calendar of the February 7, 2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 8. ADDED ITEM- National Night Out 2005 Award—INFO ONLY Police Chief Ed Crawford reviewed the NNO program and displayed the award.. The meeting adjourned at 5:53 PM. Jo T'lrompson Adnmusn ative Assistant Kent Police Department • • Public Safety Committee Minutes 2 • ranuaty 19,2006 • • a PUBLIC WORKS COMMITTEE MINUTES January 23, 2006 • COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Members Ron Harmon and Tim Clark. The meeting was called to order at 5:00 P.M. Approval of Minutes Dated December 5, 2005 • Committee Member Tim Clark moved to approve the minutes of December 5, 2005. The motion was seconded by Ron Harmon and passed 3-0. 2006 Public Works Committee Schedule Larry Blanchard discussed the temporary schedule (laundry list) for the 2006 Public Works • Committee meetings. This schedule is tentative and subject to changes as necessary. Presentation of Overall Work Plan—Admin/Ops Larry Blanchard briefly discussed the oveiall Work Plan for Administration and Operations. He • discussed the seven-step process for development of the budget which is included as one of the key elements of the Strategic Planning for the Public Works Department. The seven steps are: 1) Develop Level of Service Plan, 2) Develop Production Standards and Rates, 3) Establish Performance Baseline, 4) Develop Annual Work Plan, 5) Prepare Annual Budget from the • Annual Work Plan, 6) Prepare Detailed Work Schedule, and 7) Evaluate Performance. Discussion of Issues sent to Public Works Committee This was held over to the next meeting on February 6, 2006. North Park Traffic and Other Issues-Update Larry Blanchard gave an update of the remaining four issues and concerns of residents of the North Park area that are currently being addressed and reviewed. Traffic Re2ulatory Signs and Markings—Kent Station Steve Mullen discussed the need to amend Chapter 9.38 of the Kent City Code to include the Kent Station no-parking zones and two-hour parking zones Roadways to be included are sections of Temperance Street, Ramsay Way, I" Avenue North, 2nd Avenue North, Harrison Street, Riverview Boulevard and South 23151 Way (also known as the 224`h/228`h Street Corridor, west leg). Ron Harmon moved to recommend the legal department prepare an ordinance amending Chapter 9.38 of the City Code to include changes in the no-parking and two-hour parking • zones in and surrounding Kent Station. The motion was seconded by Tim Clark and passed 3-0. • Fees for Reasonable Use,Variance and Appeals to the Critical Areas Ordinance • Mike Mactutis informed the committee that this item will be put "ON HOLD" per the legal department until further information is received from other cities in the area. • • Habitat Protection and Restoration Plan SOW • Mike Mactutis discussed the scope of work to develop a Habitat Protection and Restoration Plan • that is being submitted to meet the obligation of City of Kent Resolution 1698 passed on April • 19, 2005. They are holding on further action until the Growth Management Committee is done with the Critical Areas Ordinance appeal. • ! Cancellation Notice • Due to the President's Holiday on Monday, February 20, 2006, the Public Works Committee ! meeting will be cancelled and a special meeting will be held on Monday, February 27, 2006 at 5:00 pm. • • • • The meeting adjourned at 5:57 P.M. • Beth Peterson • Acting Administrative Assistant III • i • • • • • • • • • • • • • • • • • • • • • • ! • • ! CONTINUED COMMUNICATIONS • • A. • i • • • • • • • • • i • ! • • • • • ! • • • • • ! w • • ! • • • • s • • • EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION