Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - Council - Agenda - 10/04/2011
CITY OF KENT AgendaCity Council Meeting October 4, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon Sill %%i 11 Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT October 4, 2011 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. 2012 Operating Budget John Hodgson & 60 minutes Bob Nachlinger ********************************************************************** 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 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. Public Recognition B. Community Events 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - None C. United States Geological Survey Joint Funding Agreement - Authorize D. AMEC/64th Avenue S. Channel Improvement Project Contract - Authorize E. ESA Ado lfson/64th Avenue S. Channel Improvement Project Contract - Authorize F. Zion Lutheran Church Bill of Sale - Accept G. Horseshoe Bend Demolition - Accept as Complete H. Upper Johnson Creek Restoration, Phase I - Accept as Complete (Continued) COUNCIL MEETING AGENDA CONTINUED S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com 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 at 1-800-833-6388. N L 0--o ma`s c3 ¢uv EE a� vw-% cow °-au 2 tw CVG _ ro3 � V -O> C a `4.'lEG1�O � CUroTU T o °c_°eov o � 5 ° oEmcm '= s> EasN � av .�. `2 J o u E av" °' u v v E • •-"�-6� A m�-o�c`v omo ?. eon uo �' � `oo o.� O i� C> a'u �a LFE-o ° " c.Y-a-v cj� N� v „ u Na p«, `m o n ociU ro�.E c� �� m `a Eca E ua000coti�Y E� JNyO3m _ • -° m'a °i L v� a J J-o :E roY N o E 3 o E'm E u ,m�o E _c Q b �QC 2iroo.� P� >o.Vro aom'cE 5 .2— UE v .gym W o ",y5 WWA EO EE A Z� Zro= v= � coroy o� co o n m U o a m o 0 o�--o� uJ nd� sL.KEa'u�« `�' yEv mEU m v v F v m c �Q v:- ca "m m •• mo-> Eo- c`m a m m Y a > >.�_L E E o m y o-a so V c 0 , m" c E omu a - Ic oo` � L `° y Ups so OEp ro T mU OY UuN3M J coo ua-y, o � �= aU Nx o � UEro oa �� Eoo cc Coro a v >-.. o � u O 0Ec ON E a -- �E o N `-�a E�ii-- �n mLin aE-o o� µ� aLroLU �° roovL�'EE do'cc v m`F- v vurj mJ S � ° N N 2 0 a N U L«J, O p C N ul O L _ N L CO O U _ 2 C O W L C E U�+ J'J Y C V a H C i C T C U >` —� >. a~G aay. �i. Y T° .TiVN x• Gma OS Gp v-6 IQJb E_JE N00O-6 U CmTiK C'O M TE 3 y > C F a y c=L= a 0 O,B N a H N M E'E c v m o-E oZ-0 3 U Es u v m m N E+' � v-o = L 3v- c ° • ._. o L Fo E I-«._ -D E E r -o > v-o E N y r o-c = m—L c a m:2 y d F p c � vE�Sn(pEGtroa> 0M �v-_�=acav=aao: > Occ Lva ..scpU amv° o o E o EroNoc._ EO O OE« `V E 'W F c�uE m�o L � roSYpOv Ha2 U t2UUUm LjiFU a N"a' b.•�°�nyE=NU L3y SE`mo ya.m. U O.�� l�'o m L = •Zu d O W z Z J J ii i ro a rJ > 3 3 a Uoa by o `c, v �^i ® unite N '�Nn U V J b NO —O JO ro U O cD J V cC (� c w = Vp- = E Ol O m E V��i �ry YY mro� U U oL. w d u'a 3 G N x 3 3 3 • Ld Y+.o E a o Lro w mU � a«c El 3 `0 % 19 ro c � oo ro E a y c cv u� o� c y ro oa ; uro« a Eci W ° E ' > • .c m>,m= y J -o9 of E roro«:a ac� m��m0 p� 3 • Um EEo � v � o eo roWy � mN � s � ceom % LG 3o c vQ c._ vy trpr'ri co O c o.aTi w- y�. �•�'o �n c 'E N 3 o v �2 o Y h s m uwi m mEma m °'-v ° a Emo T3 tic oa U aLv- c v a Y �L•B p .. a y._ y a_ > � C C V YNt a CL v� pm d ¢ceH u mQV'> dE E roL Q mp I COUNCIL WORKSHOP 1) 2012 Operating Budget CHANGES TO THE AGENDA 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 B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 20, 2011. 7B. Approval of Bills. Bills were not available for approval. y RCN i Kent City Council Meeting Was„ „ ,., September 20, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Ranniger, Raplee, and Thomas. Council President Perry was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item M, Sanitary Sewer Easement and Covenant, was removed from the agenda and sent back to committee. An update to the Copper Ridge Plat issue was added as Other Business Item B. B. From the Public. (CFN-198) Public Comment Items A and B were added at the request of audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) No comments were made. B. Community Events. (CFN-198) Ranniger reported on upcoming Spotlight Series and volunteer events, Raplee announced events at ShoWare, and Thomas announced the Greater Kent Historical Society Dinner and Auction. C. Public Safety Report. (CFN-122) Chief Thomas recognized members of the community and employees of the Police Department for their accomplishments. He then presented them with awards as follows: • The Golden Paintbrush Award went to Greg Haffner for cleaning up graffiti. • Police Officer Amanda Quinonez received the Chief's Award for Exceptional Duty and community members Denise Kelley and Ira Thomas each received the Chief's Award of Citizen Commendation for saving a 6-year old girl from being abducted. • Corrections Sergeants Dan Michel and Manny Martinez received the Kent Police Department Life Saving Medal, and Corrections Officers Ron Harvey, Jill Kinsella and Chris Ward each received a Letter of Commendation from the Chief for their actions in saving the life of an inmate in medical distress. Mayor Cooke administered the Oath of Office to Police Officers Ismael Ochoa and Joel M isterek. The Chief then gave an update of recent events, including arrests in the La Plaza shooting investigation, new hires, and community meetings. PUBLIC HEARINGS A. 2012 Budget. (CFN-186) Finance Director Nachlinger noted that the 2012 Operating Budget is under development and that this is an opportunity for the public 1 Kent City Council Minutes September 20, 2011 to provide input. He gave a brief overview of the 2011 budget as a point of reference, after which Mayor Cooke opened the public hearing. Leslie Kae Hamada, 28026 189th Avenue SE, Kent, suggested moving funds around to provide for youth and teen programs, and using the Resource Center building for a teen center. Andrea Keikkala, Kent Chamber of Commerce, 524 West Meeker, requested that the City not build the 2012 budget with additional money generated from the property tax regarding the fire benefit charge, which they understand to be $4.94 million per year. She also requested that the city reduce the property tax in the city by reducing the city's tax rate equal to the $4.94 million. Upon a question from Council member Albertson, Keikkala had no suggestions as to program cuts. Jim Berrios, 9506 S. 234th Place, also expressed concern about balancing the 2011 budget by taking $4.94 million from the taxpayers through property taxes, and proposed that the city take $4.94 million out of the budget for the next five years. Julie Albrecht, 24220 112th Avenue SE, said those tax dollars were taken without the permission of taxpayers and asked that they be given back. John Bruns, 24815 42nd Avenue S., also expressed concern about the Regional Fire Authority tax and Kent's fire protection portion of his property taxes, and asked for clarification. Theodore Ripley, 26804 102nd Avenue SE, suggested that that money go to the food bank and to others who need it. Gwen Allen Carston, 24914 109th Place SE, urged the council to find funds in the budget to address complete cultural competency. Ted Schwarz, 9818 213th Place, urged the council to maintain or increase funding for human services. There were no further comments from the audience and Ranniger moved to close the public hearing. Raplee seconded. Albertson explained that the property tax rate the City of Kent collects was actually lowered, and that it could have been higher. She pointed out that citizens voted to form a Regional Fire Authority, and it is the Regional Fire Authority who collects a fire benefit charge, based on the amount of risk to the property. The motion to close the hearing then carried. B. 2012-2017 Capital Improvement Plan. (CFN-775) Finance Director Nachlinger noted that this is the first public hearing on the 2012-2017 Capital Improvement Plan, and that public input is welcome. He gave a brief overview of the 2011-2016 Plan as a point of reference. Mayor Cooke opened the public hearing. There were no comments from the audience and Ranniger moved to close the public hearing. Raplee seconded and the motion carried. PUBLIC COMMENT A. Homeless. (CFN-118) Wade Schwartz, 22403 129th Place SE, encouraged the Council to help him form a high-profile committee including the Mayor to assist those who are homeless in getting haircuts, laundry, dental work, and so forth, without using government funds. Albertson offered to work with him on this vision. 2 Kent City Council Minutes September 20, 2011 B. Arts Commission. (CFN-839) Dana Ralph, 23307 98th Avenue S., encouraged residents to attend upcoming Spotlight Series events. CONSENT CALENDAR Ranniger moved to approve Consent Calendar Items A through L. Raplee seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of September 6, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 6, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 8/15/11 Wire Transfers 4718-4735 $1,736,962.77 8/15/11 Regular Checks 655785-656147 2,340,919.23 8/15/11 Use Tax Payable 1,213.64 $4,079,095.64 Checks issued for payroll for August 1 through August 15 and paid on August 19, 2011, were approved: Date Check Numbers Amount 8/19/11 Checks 324373-324558 $ 150,559.06 Number in Series 287001 0.00 Skipped 8/19/11 Advices 287002-287666 1,258,164.53 $1,408,723.59 Checks issued for payroll for August 16 through August 31 and paid on September 2, 2011, were approved: Date Check Numbers Amount 9/2/11 Checks 324564-324761 $ 141,452.65 Voids & Reissues 0.00 9/2/11 Advices 287667-288326 1,254,824.67 $1,396,277.32 C. Excused Absence for Council President. (CFN-198) An excused absence for Council President Perry for the Council meeting of September 20, 2011, was approved. D. Ordinance Amending Regulations & Standards for Development. (CFN-131) Ordinance No. 4003 amending Title 15, Kent City Code, specifically Section 15.04.170, Section 15.04.190, Section 15.05.100, Section 15.08.020, 3 Kent City Council Minutes September 20, 2011 Section 15.08.040, Section 15.08.050, Section 15.08.100, Section 15.08.160, Section 15.08.205, and Section 15.09.055 was adopted. E. 2011 Emergency Management Performance Grant. (CFN-122) The 2011 Emergency Management Performance Grant from the State of Washington Military Department, Emergency Management Division in the amount of $104,900, was accepted, and the Mayor was authorized to sign all necessary documents, amend the budget and expend the funds in accordance with the grant agreement, subject to final terms and conditions acceptable to the City Attorney. F. Corrections Facility Ordinance. (CFN-122) Ordinance No. 4004 amending Chapter 9.34 of the Kent City Code entitled "Corrections Facility," authorizing alternatives to incarceration of convicted misdemeanants was adopted. G. Drug Free Communities Grant. (CFN-122) The Drug Free Communities Support Program grant in the amount of $53,492, was accepted and amending the budget and expending the funds in accordance with the grant terms was authorized. H. 2011 Justice Assistance Grant. (CFN-122) The FY2011 Edward Byrne Memorial Grant in the amount of $66,460 was accepted, and establishing the budget and expending the funds in accordance with the grant terms was authorized. I. Washington Traffic Safety Commission Grant Memo of Understanding. (CFN-122) The Kent Police Department was authorized to accept a grant from the Washington Traffic Safety Commission in the amount of $16,237.50 to fund Target Zero Teams Task Force, the Mayor was authorized to sign the Memorandum of Understanding, and amending the budget and expending the funds in accordance with the grant terms was authorized. J. Kent Kanaley Pedestrian Safety Grant. (CFN-171) The 2011-2013 Washington State Department of Transportation Pedestrian and Bicycle Safety Grant in the amount of $416,200, was accepted, and the Mayor was authorized to sign all the necessary grant documents, and amending the budget and expending the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director was authorized. K. Archaeological Survey Contract. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Jones & Stokes Associates, Inc. in an amount not to exceed $14,536.15, to perform an Archaeological Survey for the cultural resources study needed to facilitate the levee construction on Hawley Road, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Materials Testing Contract. (CFN-1038) The Mayor was authorized to sign a Consultant Services Agreement with Jason Engineering and Consultant Business, Inc. in an amount not to exceed $17,065, for materials testing and inspection services related to the construction of the Smith Street Left-Turn Lane at Lincoln Avenue project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 4 Kent City Council Minutes September 20, 2011 OTHER BUSINESS A. Tacoma Reaional Water Supply System Contract. (CFN-1065) Public Works Director LaPorte explained that the city has a $24,000,000 share in a major endeavor which the City of Tacoma is designing to provide filtration. He noted that the project is essential for the water supply and that it is prudent to have a separate second supply. He added that the project must be completed by 2014. Higgins emphasized that this significant project is prudent, budgeted, planned for, and paid for from water rates. Raplee then moved to authorize the Mayor to sign an agreement with the Washington State Public Works Board for an $8,000,000 Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply filtration plant, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Higgins seconded and the motion carried. ADDED ITEM B. Cooper Ridge Plat Update. (CFN-1293) Albertson noted that this issue was recently sent to the Economic and Community Development Committee for con- sideration, and moved to direct Administration to follow Kent City Code 12.04.221. Ranniger seconded. Albertson said that this is a complicated issue and that although Council does not have the ability to legislate on this specific issue, they do have the responsibility to insist that the Code be followed. Upon a roll call vote, the motion carried 6-0. BIDS A. Smith Street Left Turn Lane at Lincoln Avenue. (CFN-1038) Public Works Director LaPorte described the project and noted that it is the result of a Federal grant obtained by King County years ago, and that in order to keep the grant, construction must begin this year. He recommended proceeding with award to the low bidder, even though the bid was slightly higher than the engineer's estimate, noting that funds are available in the budget. Raplee moved to award the Smith Street Left Turn Lane at Lincoln Avenue project to Road Construction Northwest, Inc., in the amount of $593,880, and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. B. Foster Park Pump Station. (CFN-1318) LaPorte described this project and noted that it is included in the $10,000,000 state grant for Horseshoe Bend. He said the low bid submitted by R. L. Alia was rejected due to an error, and recommended award to the lowest responsible bidder, Road Construction Northwest, Inc. Raplee moved to award the Foster Park Pump Station contract to Road Construction Northwest, Inc., in the amount of $828,849.30, and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Higgins seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. 5 Kent City Council Minutes September 20, 2011 B. Mayor. (CFN-198) Mayor Cooke announced that she has signed proclamations for the Mayors Day of Concern for the Hungry, Recovery Month, National Public Lands Day at Fenwick Park, and Constitution Week. She said that although the Howard Hanson Dam is now at an operational level, sandbags will not come down this winter due to timing, weather, and funding issues. She noted that 50 city employees recently participated in an emergency preparedness exercise in the Seattle area, which was presented by the Federal Emergency Management Agency. C. Administration. (CFN-198/1298) Hodgson noted that an Executive Session regarding a tentative agreement on the Kent City Center project was held during the Council workshop this afternoon, and that it is also the subject of the tonight's Executive Session. He said the session will take approximately 30 minutes, and that action is expected when the meeting reconvenes. D. Economic & Community Development Committee. (CFN-198) Albertson noted that there will be a public hearing on collective garden access points for medical marijuana on Monday, October 10. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) No report was given. I. Regional Fire Authority. (CFN-198) Raplee noted that the budget process has begun, and Thomas announced that the exploratory meeting with the City of Tukwila which was planned for this week has been cancelled. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:35 p.m. and reconvened at 9:37 p.m. A. Property Negotiations. (CFN-1298) City Attorney Brubaker stated that a lease/ option agreement has been worked out with Goodman Real Estate on the Kent City Center site, and explained that the lease would run for up to two years at a price of $100,000 to obtain the lease. He said at the end of that 2 year period or sooner, the developer will have an opportunity to exercise an option to purchase the property for $802,000. He noted that Goodman plans to construct a five-story apartment building consisting of approximately 164 units with at least 3700 sq. ft. of retail and 35 parking stalls open to the public free of charge during regular business hours. Brubaker said that during the due diligence period, the developer has agreed to demolish the garage and remove it from the site, and that if they exercise the option, they will pay the city $802,000 minus their cost to demolish. He said if the project is successful, the demolition costs will come back to the city at a phased later date at a slightly increased price to make up for the passage of time. 6 Kent City Council Minutes September 20, 2011 Brubaker noted that the city will retain a portion of the site just north of Town Square Plaza Park, which will be reserved for parks programming purposes. Ranniger moved to authorize the Mayor to sign all documents necessary to complete the lease/option agreement and future sale of the Kent City Center site, generally located at 430 W. Smith Street, to Goodman Real Estate under terms and conditions substantially similar to those provided to the City Council, and subject to approval of final terms and conditions acceptable to the Mayor and the City Attorney. Raplee seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:45 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 7 O T Kent City Council Workshop September 20, 2011 Council members Present: Albertson, Harmon, Higgins, and Thomas. Council Member Ranniger arrived at 5:40 p.m. The meeting was called to order at 5:30 p.m. by Council Member Raplee. Intergovernmental Issues. Michelle Wilmot, Community and Public Affairs, provided Council members with information on the redrawing of Legislative and Congressional boundaries and asked for their input. She pointed out that there is an open comment period through October 11. It was agreed that Council members would funnel their comments through Les Thomas by email. Envision Midway Update. Gloria Gould-Wessen of Planning Services gave an update of the Envision Midway project, including the Subarea Plan, Design Guidelines, Development Regulations, and next steps. She responded to questions relating to light rail routes and stations, zoning, timing and other issues. Executive Session re Property Neaotiations — Kent City Center. CAO Hodgson explained that the purpose of the Executive Session is to brief Council members on a proposed agreement for the development of Kent City Center, and said it should take approximately 25 minutes. The meeting then recessed to Executive Session at 6:10 p.m. The meeting reconvened and adjourned at 6:40 p.m. Brenda Jacober, CMC City Clerk KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: October 4, 2011 SUBJECT: United States Geological Survey Joint Funding Agreement — Authorize MOTION: Authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City and the U.S. Geological Survey, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For the Fiscal Year 2012, the City will contribute $50,240 to the annual program costs of $95,670 with the USGS providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels, and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criteria to determine the City's augmentation of flows in Rock Creek during certain periods of the year. This agreement will provide for operation, maintenance and data collection at five gages. Two gages are located on Mill Creek, one on Springbrook Creek, and two on Rock Creek. EXHIBITS: Joint Funding Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs for this agreement will be charged partially to the Water Utility (Rock Creek gages) and partially to the Stormwater Utility (Mill and Springbrook gages). i Form 9-1366 U.S. Department of the Interior Customer#: 6000000723 FY12 (Oct. 2005) U.S. Geological Survey Agreement#: 12WNWA09800 Joint Funding Agreement Project#; 97229EU TIN#: 916001254 Fixed Cost Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1" day of OCTOBER 2011, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance, and data collection at the Springbrook, Mill Creek, and Rock Creek stream gaging stations, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ NIA. by the party of the first part during the period (a) $45,430 OCTOBER 1, 2011 to SEPTEMBER 30, 2012 by the party of the second part during the period (b) $50,240 OCTOBER 1, 2011 to SEPTEMBER 30, 2012 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the parry of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey Name of Customer United States City of Kent Department of the Interior USGS Point of Contact Customer Point of Contact Name: Bob Kimbrough Name: Address: USGS WAWSC Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone:. 253-552-1608 Telephone: Email: rakimbro(a7usgs.00v Email: i it Signatures Signatures By Dat By Date Name://vt Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center By Date By Date Name: Name: Title: Title: 6000000723,Formerly,WA098/12WNWA09800/FY12-C ' U.S. Geological Survey/City of Kent Cooperative Stream-Monitoring Program October 1, 2011 through September 30, 2012 Citv USGS Total USGS Station No.12113346 Springbrook Creek at Orillia '.. Streamflow data $7,980 $7,210 $15,190 Real-time satellite telemetry $1,430 $1,300 $2,730 Precipitation data(not published) $1,190 $1,070 $2,260 Subtotal $10,600 $9,580 $20,180 USGS Station No.12113347 Mill Creek at Earthworks Park Streamflow data $7,980 $7,210 $15,190 (a) Real-time satellite telemetry $1,430 $1,300 $2.730 Subtotal $9,410 $8,510 $17,920 USGS Station No. 12113349 Mill Creek at Orillia Streamflow data $7,980 $7,210 $15,190 Real-time satellite telemetry $1,430 $1,300 $2,730 Subtotal $9,410 $8,510 $17,920 USGS Station No.12118400 Rock Creek below Diversion near Ravensdale Streamflow data $7,980 $7,210 $15,190 Real-time satellite telemetry $1,430 $1,300 $2,730 Precipitation (published) $2,000 $1,810 $3,810 Subtotal $11,410 $10,320 $21,730 USGS Station No.12118500 Rock Creek near Maple Valley Streamflow data $7,980 $7,210 $15,190 Real-time satellite telemetry $1,430 $1,300 $2,730 Subtotal $9,410 $8,510 $17,920 TOTAL $50,240 $45,430 $95,670 (a) USGS operates peak-stage crest-stage gages upstream and downstream from street culvert downstream from gage. During flood events,the peak stage measurements at the gage may be affected by backwater from plugged outlet gates on structures. KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: October 4, 2011 SUBJECT: AMEC/64th Avenue S. Channel Improvement Project Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AMEC, Earth and Environmental, Inc., in an amount not to exceed $19,160.21 to perform a geotechnical investigation for the 64th Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Under the 64th Avenue S. Channel Improvements project, six existing undersized pipe culverts will be replaced with four larger box culverts. This will reduce flooding by increasing flow capacity and improve storm water conveyance along 64th Avenue S. from S 228th Street to the Green River Natural Resources Area. This project is a follow-up to the stormwater bypass project under construction along S. 228th Street. The geotechnical investigation will be used to complete the design of the project. EXHIBITS: Contract and map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. K NT CONSULTANT E V C S AGREEMENT between the City of nt and EC Earth & Environmental,, Inca THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Earth & Environmental, Inc. organized under the laws of the State of Washington, located and doing business at 11810 North Creek Parkway N., Bothell, WA 98011, Phone: (425) 368-1000/Fax: (425) 368-1001, Contact: James Dransfield (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 shall conduct geotechnical and related services for the 64th Avenue South Channel Improvements project. For a description, see the Consultant's September 7, 2011 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 within the Puget Sound region 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, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, One Hundred Sixty Dollars and twenty one cents ($19,160.21), plus applicable Washington State sales tax, 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 amendment to this 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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. DISCRIMINA T 10N. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 connection with the Consultant's performance of this Agreement, except for that portion of the 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 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. 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. 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 OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of 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 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, including all appeals, 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 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. 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 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 in 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Dransfield Timothy J. LaPorte, P.E. AMEC Earth & Environmental, Inc. City of Kent 11810 North Creek Parkway N. 220 Fourth Avenue South Bothell, WA 98011 Kent, WA 98032 (425) 368-1000 (telephone) (253) 856-5500 (telephone) (425) 368-1001 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department AMEC-W Channel/Fielding CONSULTANT SERVICES AGREEMENT 5 (Over$I0,000) DECLARATION CITY OF SCENT 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 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. 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 day of 20. By: For: Title: Date: 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 Jim 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 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. 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 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT September 7, 2011 Proposal No. 91 P-21513 City of Kent Public Works Engineering 220 Fourth Avenue South Kent, Washington 98032 Attention: Mr. Garrett Inouye, P.E. Subject: Proposal for Geotechnical Investigation 64`h Avenue South Channel Improvements Kent, Washington Dear Garrett: At your request, AMEC is pleased to submit this scope of work and budget estimate to conduct geotechnical and related services for the above-referenced project. The contents of this proposal are based on written and verbal information supplied by you, on our recent site visit, and on our knowledge of subsurface conditions in the site vicinity. SITE AND PROJECT DESCRIPTION The project site is comprised of two channel crossings in the drainage channel that parallels the west side of 64`h Avenue S; one at the railroad crossing of 641h Avenue S, and the other at the intersection of S 2261h Street and 64th Avenue S. Both existing channel crossings consist of three 60-inch- diameter concrete culverts with invert elevations of 21 feet and 22 feet respectively. The topographic relief around the channel is relatively flat-lying with elevations ranging from 30 to 34 feet. There is a 25-foot wide paved private entry off of 60 Avenue S drive just south of the 60-foot wide railroad right- of-way. At the S 226'h Street intersection with 64th Avenue S, the entrance and exit from S 2261h Street consists of single paved lanes separated by a median. Approximately 60 feet west of the channel, there is a paved public trail that parallels the channel in a north-south direction. The existing channel is approximately 65 to 70 feet in width and is bracketed by a row of secondary growth deciduous trees (with a scattering of conifer trees) from the south end of the project side to the south side of S 226`n Street. There are a couple of young deciduous trees on the grassy median in S 226th Street. Vegetation along the slopes of the channel consists of blackberry bushes, ivy, and AMEC Earth&Environmental, Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www,amec.com PAHP-21513_641h Ave S Kent Improvements\City of Kent Proposal letter a 7_2011.doex ame&'-, grasses. The channel has cat tails and a variety of water grasses. Surface water in the channel runs in a south to north direction. We understand the project is to replace the existing concrete culvert pipes at each location with bottomless box culverts, supported on grade beam-type strip footings. At the railroad crossing, we understand two side-by-side culverts are planned, each approximately 128 feet long by 14 feet wide by 5 feet high. Existing ground surface is approximately elevation 32 feet with the bottom of the proposed culvert footing at approximately elevation 19.5 feet to 20 feet. At the northern culvert crossing of S. 226th Street, two side-by-side culverts each approximately 104 feet long by 10 feet wide by 7 feet high. Existing ground surface is approximately elevation 31 feet with the bottom of the proposed culvert footing at approximately elevation 19 feet. Based on review of geologic maps and recent subsurface information developed in the region, the soils beneath the site are most likely comprised of floodplain (overbank and backwater pond) and channel deposits interfingered with deltaic deposits consisting of silty sands, sandy silts, clayey silts and peat, and andesitic sands. In the vicinity of the channel, there may be a layer of recent alluvium, with possible organics. Groundwater probably lies at depths on the order of 10 to 15 feet below existing grades, associated with the regional groundwater levels. Given these likely subsurface conditions, we anticipate that shallow foundations may adequately support the culvert structure. However, the Kent Valley soils are susceptible to liquefaction-induced settlement. Depending on the extent of compressible or liquefiable soils encountered, as well as sensitivity of the road and railroad crossings to settlement, localized overexcavation and/or a pile supported foundation might be required. SCOPE OF WORK The following scope of work and budget estimate is for AMEC Earth & Environmental, Inc. (AMEC) to provide geotechnical and related studies. Based on our understanding of the project and on our expectation of subsurface conditions at the site, we infer that our evaluation will need to address the following: ® Characterizing soil conditions to a depth of 25 to 45 feet below ground surface, for culvert design purposes; and ® Determining the local groundwater depth, for dewatering and drainage design purposes. To address these geotechnical issues, we propose a scope of work comprising a field exploration, laboratory testing, geotechnical engineering analyses, and report preparation. Our specific tasks are AMEC Earth &Environmental, Inc. Project No.10PROP.0010.0159 2 P.�91 P-21513_64th Ave 5 Kent Improvements\City o1 Kent Proposal latter_9 7_2011.docx i arne&%, described in the following sections. This scope of work does not include environmental sampling and testing if contaminated soils are encountered, but we could provide these services if requested. Field Exploration We propose to explore surface and subsurface conditions by reconnoitering the site and by advancing four borings, at strategic locations along the culvert alignments. Specifically, at the railroad crossing, we will advance one boring each on the southeast and northwest corners of the proposed culvert, outside of the roadway and paved trail surfaces. For the S 2261h Street crossing, we will advance one boring each on the southwest and northwest corners of the proposed culvert to avoid drilling in 641h Avenue S. We tentatively estimate that exploration depths on the order of 25 to 45 feet below existing grades will be adequate to characterize soil and groundwater conditions. However, if the actual depth to bearing soils is found to be significantly greater than anticipated, additional exploration depths might be necessary; in this event, we will notify you before continuing with our exploration. Our specific field exploration procedures and components are described in the paragraphs below: i Reconnaissance: Our site reconnaissance will be performed by an AMEC geologist or geotechnical engineer, who will walk the site to observe surface conditions. The purpose of this reconnaissance will be to collect information regarding any features that could affect the proposed development. We will record our observations by means of notes, sketches, and/or photographs. Borings: Our borings will be advanced with a hollow-stem auger, using a truck-mounted drill rig operated by an independent firm working under subcontract to AMEC. Throughout the drilling operation, soil samples will be obtained at 21/2- or 5-foot depth intervals by driving split-spoon samplers in accordance with the Standard Penetration Test procedure (American Society for Testing and Materials [ASTM] D-1586) or similar method. An experienced geologist or geotechnical engineer from AMEC will continuously observe the borings, log the subsurface conditions, collect representative soil samples, and transport all samples to our laboratory for further visual examination and testing. After drilling, each borehole will be backfilled with a mixture of soil cuttings and bentonite, then the surface will be patched with concrete or asphalt (where appropriate). No wells will be installed during the drilling process. Instead the groundwater level at the time of drilling will be noted. Field Coordination: Before drilling and digging, we will request the local utility locating service to mark any underground utilities at each exploration location, but additional assistance from the City of Kent might be needed to identify all underground utilities. Upon arrival at the site, we assume that our equipment and crew will be given ready access to the work locations and that any necessary permits or rights-of-entry will have been obtained in advance by the City of Kent. During our field exploration, we will minimize disruption of ongoing business activities at the site. During our field exploration, we AMEC Earth & Environmental, Inc. Project No. 10PROP.0010.0159 3 P191 P-21513_64th Ave S Kent ImprovementsZity of Kent Proposal lelter_9 7_2011.docx amee do not anticipate that we will need licensed flaggers to maintain two-way traffic flow along S 226" Street or 60 Avenue S. Also, we do not anticipating working in the railroad right-of-way however, it will be necessary to cross through the railroad right-of-way to access the northern borehole at this location. Site Restoration:We will exercise due care while working at the site, but it should be noted that some surface disturbance is unavoidable. These disturbances could include tire rutting, soil mounds, bare spots, slight subsidence, pavement rugosities, and/or soft areas. Although we perform general clean- up and restoration tasks before leaving the site, complete restoration of these disturbed areas is not included in our scope of work. However, all drill cuttings will be removed from the drill sites and disposed of off-site. Laboratory Testing We propose to conduct a series of geotechnical laboratory tests on selected soil samples obtained from our explorations to evaluate the engineering and index properties of the site soils. These tests will likely include moisture content determinations, and grain-size analyses on split spoon samples obtained during drilling, as well as grain size testing on larger bulk samples representative of the channel bottom. We normally store all samples for about 30 days after testing has been completed then discard them, unless prior arrangements are made for longer-term storage. Geotechnical Review and Analysis To supplement our field exploration and laboratory testing programs, we propose to review various sources of geotechnical information concerning the project site. These sources will likely include geologic maps, seismologic literature, and other published documents. Any available soil logs and laboratory test results associated with previous subsurface explorations performed on or near the site will also be reviewed. We will subsequently analyze all field exploration data, laboratory testing data, and research findings to develop conclusions and recommendations concerning the geotechnical aspects of the project. Report Preparation After analyzing the site conditions, we will prepare a Geotechnical Engineering Reportfor the project. Our report will include the following specific items: ® Site plan showing approximate exploration locations; ® Descriptive logs of subsurface explorations; ® Results of field and laboratory tests; AMEC Earth & Environmental, Inc. Project No. 10PROP.0010.0159 4 PA91 P-21513_64th Ave 5 Kent ImprovementstClty of Kent Proposal letter-9 7_2011.doox 3 ame • Description of surface, soil, and groundwater conditions; • Conclusions regarding suitable types of foundations; • Conclusions regarding options for dewatering and shoring; • Conclusions regarding on-site liquefaction potential; • Recommended seismic design parameters, including 2009 IBC Site Class; • Recommendations for site preparation, dewatering and shoring; • Allowable bearing pressures for foundations; • Estimated total and differential settlements of foundations; • Design criteria for lateral earth pressures on headwalls or temporary sharing; • Recommendations concerning structural fill, including streambed gradations using WSDOT standard specifications; • Recommendations for construction monitoring; • Explanation of report limitations; and • Recommendations for further geotechnical study, if warranted. Unless you request otherwise, we will initially submit three draft copies and one electronic copy of our geotechnical report for review and comment by you and other design team members. We will then submit five final (signed and stamped) copies and one electronic copy that address the review comments. Post-Report Consultation After submitting our report, we will be available for consultation regarding the geotechnical and hydrogeological aspects of the project. This typically involves written correspondence, telephone conversations, and meetings with the owner and design team; supplemental analyses due to design changes; and preliminary or informal reviews of design details, plans, and specifications. Although the actual level of our involvement cannot be accurately predicted, we anticipate that 8 hours of AMEC Earth & Environmental, Inc. Project No.10PROP.0010.0159 5 P191 P-21513_64th Ave S Kent Improvements\City of Kent Proposal letler_9 7_2011.docx amed-1-9 involvement by our project manager would accommodate most of the basic project needs and some of the supplemental design needs. SCHEDULE Upon receiving authorization to proceed with our evaluation, we can likely begin our fieldwork within one week, contingent on subcontractor availability. The fieldwork will require about one to two days, and laboratory testing about 10 days after drilling. Report preparation will require approximately two weeks after receiving lab testing results. Consequently, we will submit our draft report about 5 weeks after your authorization. We anticipate a four-week period for post-report consultation, review of draft report and completion of a final report. Based on these assumptions, our schedule is summarized as follows: Completion of Drilling and Lab Testing - 3 weeks after Notice to Proceed Completion of Draft Geotechnical Report—5 weeks after Notice to Proceed City Review of Draft Report—7 weeks after Notice to Proceed Completion of Final Geotechnical Report—9 weeks after Notice to Proceed. COST ESTIMATE AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract. Our fee estimate is presented as Exhibit A, attached. The actual distribution of labor hours per category may vary from the estimate. If adverse conditions arise during our evaluation, we will inform you as soon as possible and will perform no work beyond the authorized scope without your approval. Post-report services such as plan reviews, meetings, supplemental analyses, or construction monitoring would be billed on an hourly basis in addition to this budget. AMEC Earth & Environmental, Inc. Project No. 10PROP.0010.0159 6 PA91 P-21513_64th Ave S Kent Improvements\City of Kent Proposal letter-9 7_2011.docx ameo'- CLOSURE We appreciate the opportunity to submit this proposal, and we look forward to working with you on this project.We understand this scope of work and exhibits would be incorporated into a City of Kent consultant agreement. Please understand that the authorizing organization assumes ultimate responsibility for payment of our services. If you have any questions or need additional information, please do not hesitate to call. Sincerely, AMEC Earth & Environmental, Inc. James S. Dransfield, P.E. Principal Geotechnical Engineer Reviewed by: Carlo F. Evangelist!, P.E. Senior Geotechnical Engineer Enclosures: Exhibit A—Summary of Costs AMEC Earth & Environmental, Inc. Project No.10PROP.0010.0159 7 P:191 P-21513_641h Ave S Kent Improvements\City of Kent Proposal letter_9 7_2011.docx ame& EXHIBIT A - SUMMARY OF COSTS 64th Avenue South Channel Improvements Kent, Washington DIRECT SALARY COST(DSC): Task Classification(AMEC Class Code) Hours x Hourly Rate = Cost Task Total Senior Principal (622 to 624) 14 $69.95 $979.30 Principal(618 to 621) 0 $60.90 $0.00 Associate (617) 21 $45.40 $953.40 Senior Project Engineer(616) 50 S41.62 $2,081.00 Senior Project Geologist(615) 0 $41.06 $0.00 Project Engineer/Geologist(614) 0 $37.28 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 0 $28.63 $0.00 CAD Drafting(516) 5 $28.98 $144.90 '.. Word Processing(806) 5 $17.89 $89.45 Clerical(805 to 807) 2 $19.79 $39.58 TOTAL DSC 97 $4,287.63 OVERHEAD COST(OH COST-including salary additives): '... OH Rate of 1.837 x DSC 1.837 x $4,287.63 = $7,876.38 DSC+OH $12,164.01 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $12,164.01 = $1,216.40 REIMBURSABLES: Field Expenses(mileage, equipment,etc.) $177.50 Laboratory Testing* $935.00 Drilling Subcontractor* $4,667.30 Cone Probe Subcontractor* $0.00 Traffic Control Subcontractor* $0.00 TOTAL REIMBURSABLES = $5,779.80 TOTAL $19,160.21 *includes 10% markup EXHIBIT INSURANCE REQU EMENT FOR CONSULTANT VICE E ENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant'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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant'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 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:VII. E. Verification of coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 herein for the Consultant. ` EATTL(rr.' szol $ BFjLLEV .�r Of20 1 IT. _ TUKWII' s eIT Alit— �.� n i I I -} 1 ,wctF tx. i 8 r,j S 196TH S --.- p� 'If S 200TH ST x SE M 1 � � S 212TH ST 7 � o P1$ q — <( I I P a _ CL 1 Q J_ K S' ` S 1¢ s §q eTe sr `Z i L / GREENz�z NATURAL( RESOURCES IIARLA'-'1 ro Q�pI q � ^ vz Rl 61 S23 h 6 Co� ST KENT } L X Ifr j - / I ` SUIT 5 5 252N0 IT -11 IT J/ Q Pr ��'rENWICK� ��� j $ � � /, i�✓i� y... _ � KING _ -_s_ ��jl COUNTY ING COI�� TY ENGINEERING DEPARTMENT 64th AVE S CHANNEL CITY OF KENT IMPROVEMENTS � .�. DRAWN_ cw NOT TO Sc w� xixa. u APPROVED DATE 8-29-11 VICINITY MAP KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: October 4, 2011 SUBJECT: ESA Adolfson/64th Avenue S. Channel Improvement Project Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with ESA Adolfson in an amount not to exceed $12,995.93 to perform wetland delineation work and update the biological assessment report for the 64th Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Under the 64th Avenue S. Channel Improvements project, six existing undersized pipe culverts will be replaced with four larger box culverts. This will reduce flooding by increasing flow capacity and improve storm water conveyance along 64th Avenue S. from S. 228th Street to the Green River Natural Resources Area. This project is a follow-up to the stormwater bypass project under construction along S. 228th Street. The biological assessment and wetland delineation reports are required to complete project permitting. EXHIBITS: Contract and map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. KE 0 T w,s.,I .,ln CONSULTANT SERVICES AGREEMENT between the City of (Cent and ESA Adolfson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ESA Adolfson, Inc. organized under the laws of the State of Washington, located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (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 shall conduct wetland delineations and prepare a Biological Evaluation letter for the 64th Avenue S. Channel Improvements project. For a description, see the Consultant's 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 within the Puget Sound region 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, 2012, III. COMPENSATION. j A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand, Nine Hundred Sixteen Dollars and seventy seven cents ($13,916.77), plus applicable Washington State sales tax, 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 amendment to this 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 j 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 I CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) i I 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 connection with the Consultant's performance of this Agreement, except for that portion of the 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 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. 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. 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 OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of 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 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, including all appeals, 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 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. 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 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 in 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Michael Muscari Timothy J. LaPorte, P.E. ESA Adolfson, Inc. City of Kent 5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South Seattle, WA 98107 Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5500 (telephone) (206) 789-9684 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ESA Adolfson-64'^channel/Inouye CONSULTANT SERVICES AGREEMENT 5 (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 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. 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 day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 l CITY OF KENT ADMINISTRATIVE POLICY it 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 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 Planning, Parks, and Public j 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 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 120 i By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A City ®f Dent 64th Avenue Channel Improvements Pro ect i Scope of Work Detail It is our understanding that the project proposed by the City of Kent(City)includes the replacement of the two culverts at two crossings(rail spur and roadway)over the ditch that runs along the west side of 64"Avenue with double 10-foot by 7-foot three sided box culverts,and the removal of excess sediment and channel restoration for approximately 1,000 feet of the channel between 226"Street and 2280s Street.It is also our understanding that WDFW considers the ditch to be aregulated stream. The City has requested a Scope of Work and associated fees from ESA to conduct wetland delineations and prepare a Biological Evaluation(BE)letter of"no effect"to assist with coordination efforts under Section 7 of the Endangered Species Act of 1973 among the federal lead agency and the National Marine Fisheries Service (NMFS)and the U.S.Fish and Wildlife Service(USFWS),jointly referred to as the Services.It is assumed that the project will require a federal permit from the U.S.Army Corps of Engineers(USACE),which is the federal nexus for the project requiring consultation with the Services.Based uponthe hnfornation provided during scoping,it is assumed that the proposed action will not require consultation between the federal lead agency (USACE)and the Services. A detailed Scope of Work is provided below,which outlines ESA's responsibilities under this Scope of Work. The cost estimate is also attached to this Scope of Work. TASK 1—PROJECT MANAGEMENT. This task includes on-going project management,client coordination,and invoicing. We assume that ESA will be attending one on-site project coordination meeting conducted concurrently with the field visit(see Task 3). Deliverables: Monthly invoice and progress report. TASK 2—BACKGROUND.This task includes coordination with the NTWS,USF WS,Washington Department of Fish and Wildlife(WDFW),and the Washington Department of Natural Resources(WDNR)as necessary to obtain habitat and species information. TASK 3—INFORMATION GATHERING.This task includes coordination with City and project engineers to evaluate project impacts on listed/proposed species and critical habitats.This task includes a brief review of the literature and published information for each listed,proposed,and candidate species identified by the Services as potentially occurring in the project area,as well as a review of site-specific information provided to ESA by the City.This task will include afield visit to assess site conditions,but does not include any additional data collection or scientific study.The City will make the necessary arrangements for ESA to access restricted properties,if any.Much of the required information will be obtained from a recent BE for a nearby project; South 228t'Street Drainage Bypass(ESA 2011). TASK 4—DRAFT BIOLOGICAL EVALUATION.Task 4 includes the preparation of a draft Biological Evaluation(BE)letter of"no effect"addressing listed,proposed,and candidate species,identified by the Services as potentially occurring within the project area.ESA will prepare the letter of"no effect"following USACE guidance for BE/BA preparation in effect at the time of issuance of a notice to proceed. It is assumed i City of Kent I. 64t1r Ave.Channel Improvements Project Page 2 of 3 that the level of effort for the letter of"no effect"will be substantially reduced by using the South 228°i Street Drainage Bypass(ESA 2011)as a template. TASKS—FINAL BIOLOGICAL EVALUATION. Following receipt of corn ments by the City,ESA will prepare a Final BE letter of"no effect". For the purpose of this cost estimate,we have assumed only one revision of the final BE after review under Task 4. Additional revisions may require air amendment to the scope of work and cost proposal for this project. Deliverables. After any revisions,ESA will submit an electronic copy of the letter of"no effect"to the City in pdf format and will supply up to three hard-copies for their use,if necessary. The City will be responsible for submitting the letter of"no effect"to the Corps. Assumptions:ESA will be pleased to adjust the BE as required w thin the limitations of the budget,although it is assumed that there will be only one revision of the final BE after receipt of one set of consolidated comments fi-om the City's review of the draft. Changes to the project or report requirements,particularly as a result of new species itiformation or changes to listing status after work has been initiated will require added services or additional revisions and may require an amendment to the Scope of Work This task also assumes that project related effects will result in a determination of no effect for all listed species within the project action area. SCHEDULE:From receipt of notice to proceed and upon receipt of a mirummn 30 percent design,ESA will require a minimum of three weeks to develop and submit the Draft BE letter of"no effect'to the City.Once comments have been received,ESA will require an additional two weeks to revise the document and submit the Final BE letter of"no effect"to the City for submittal to the Corps. TASK 6—WETLAND DELINEATION AND RATING.ESA will delineate wetlands within the ditch located on the west side of 64 b Street between 226tl'Sheet and 228"Street.ESA staff will also flag the ordinary F high water marks(OH WMl)of the stream,within the project area Wetland and steam boundaries will be marked with flagging tape or wire pin flags.Wetland areas that occur between the OHWM of stream will be considered part of the stream and not flagged.Wetland determination methods will follow the U.S.Army Corps of Engineers Wetlands Delineation Manual(Environmental Laboratory,1987)and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Western Mountains,Valleys,and Coast Region(U.S. Army Corps of Engineers,2008). ESA staff will also rate the wetlands based on the Washington State Department of Ecology's Wetland Rating System for Western Washington(Hruby,2004).Wetland ratings will be used to determine the required buffer based on Kent Municipal Code(KMC). Deliverables. ESA will prepare and deliver a sketch map with the approximate locations of wetland boundary flags marked. The sketch map will be intended to aid surveyors in the location of the flagging. Assumptions:The City of Kent will arrange for a survey of the wetland and stream boundary flagging. TASK 7—DRAFT WETLAND REPORT AND MITIGATION PLAN. ESA will prepare a wetland report and conceptual wetland and buffer mitigation plan for the temporary impacts to wetlands and buffers adjacent to and within the ditches of the project site.The report will include results of the wetland delineation(Task 6)and will include conceptual planting plans for the rc-establishment of wetland and buffer vegetation.The City will provide figures showing the wetlands,streams,buffers,and expected impacts.ESA will incorporate the figures into the wetland report.The planting plans will include CAD drawings on up to two plan sheets showing the typical planting areas and a plant schedule. i City of Kent 64th Ave.Channel Improvements Project Page 3 of 3 Deliverables. ESA will delivery electronic files of the wetland mitigation plan and electronic CAD files to the City for their review. Assranptions:ESA will provide the required buffer setback for wetlands and streams based on the information collected in Task 6.The City of Kent will provide electronic base maps in CAD showing the project site, wetland and stream boundaries,buffers,and adjacent roadways.The City will also provide the calculation of wetland,stream,and/or buffer impacts.ESA will add conceptual mitigation plans and typical details to the CAD files.The City will use the revised files to develop specific planting plans for the planting areas on the site.It is our understanding that this project is similar to past City projects that did not require 404 or 401 permitting. Section 404 and 401 permitting is not included in this scope of work. TASK 8—FINAL WETLAND REPORT AND MITIGATION PLAN.Following receipt of comments by the City,ESA will prepare aFinal Wetland Mitigation Plan based upon 30 percent design drawings provided by the City. For the purpose of this cost estimate,we have assumed only one revision of the Wetland Mitigation Plan after review under Task 7. Additional revisions may require an amendment to the scope of work and cost proposal for this project. Deliverables. ESA will delivery five bound copies of the Final wetland mitigation plan and electronic CAD files to the City. Assmnptions:The City of Kent will use the electronic CAD files of conceptual plans and typical details to develop specific planting plans for the planting areas on the site.FSA will make one round of revisions to the Wetland Mitigation Plan based on consolidated comments,from the City.Changes to the project or report requirements,particularly as a result of additional wetland impacts will require added services or additional revisions and may require an amendment to the Scope of Work. SCHEDULE:From receipt of notice to proceed and upon receipt of a minimum 30 percent design,ESA will require a minimum of three weeks to develop and submit the Draft BE and Draft Wetland Mitigation Plan to the City.Once comments have been received,ESA will require an additional two weeks to revise the BE and Drat Wetland Mitigation Plan and submit the Final documents to the City for submittal to the Corps. i 61 / ) ia EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant'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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. I I 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant'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 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 ANII. E. Verification of Coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 herein for the Consultant. i ` EATTL(rr.' szol $ BFjLLEV .�r Of20 1 IT. _ TUKWII' s eIT Alit— �.� n i I I -} 1 ,wctF tx. i 8 r,j S 196TH S --.- p� 'If S 200TH ST x SE M 1 � � S 212TH ST 7 � o P1$ q — <( I I P a _ CL 1 Q J_ K S' ` S 1¢ s §q eTe sr `Z i L / GREENz�z NATURAL( RESOURCES IIARLA'-'1 ro Q�pI q � ^ vz Rl 61 S23 h 6 Co� ST KENT } L X Ifr j - / I ` SUIT 5 5 252N0 IT -11 IT J/ Q Pr ��'rENWICK� ��� j $ � � /, i�✓i� y... _ � KING _ -_s_ ��jl COUNTY ING COI�� TY ENGINEERING DEPARTMENT 64th AVE S CHANNEL CITY OF KENT IMPROVEMENTS � .�. DRAWN_ cw NOT TO Sc w� xixa. u APPROVED DATE 8-29-11 VICINITY MAP KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: October 4, 2011 SUBJECT: Zion Lutheran Church Bill of Sale - Accept MOTION: Authorize the Mayor accept the Bill of Sale for the Zion Lutheran Church project (permit #2092410) for 360 linear feet of new street; 360 linear feet of frontage improvements including 2 street lights and 8 street trees; 3 catch basins, and 203 linear feet of storm sewer line. SUMMARY: Zion Lutheran Church is located at 25105 132nd Avenue SE. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: N/A MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT / ATTN: , QC-LD 13J AfI �[ 220 - 4T" AVENUE SOUTH N15C N 6 T B N KENT, WASHINGTON 98032WASHI Project: ili.tie" Li,( /ZbizI,,i ( i11a�CaC1 RECEIVED Permit #: WC-CC �21)12 d yl o FEB 10 2011 Location: /, ''/"aa CITY OF KENT Parcel #: 4�21,22Q S- 9/-7,7 ENGNEERING DEPT BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this—J!-- day of ]2A/is o� V 20 /, by and between jpti/ f e`a A.1 Carl i¢°LCd464, _, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: 1 / A. WATERMAINS; yti� Gi2fZr ��� 1dr� I®/ Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. S. SANITARY SEWERS: Aj/ S .L Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale Iof5 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) / Ul''A�t/e S S7" /01-642 //oo Including Ob 0 linear feet at $ 7 per LF of (size &type) /�S�"�t 17A a(11 rjl r _ o.. „_ provement). C,tt�v/� f �Gc.tEalZ /0 'tcy� Yr �SrC1'�.tJcz,Q.E-� ��.h.t,�2L�u`� D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) l5774- / JW (JT;q� /'3'&o))F� Including linear feet at $ c per LF of (size &type) sec a (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ /y 000 each, 4 -- LF of biofiltration Swale or drainage ditch with a total cost of $ � -{ — cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including .203 linear feet at $ 30 per LF of /.2 rd /D�*//1 - g l /o i 0'4i (size &type) sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the/ undersigned has caused this instrument to be executed on this % day of LICdtiCe^ 20 (( I cUG+GS . u;t" (t'i"(9Eo �lPv's, l/@.W l h �ea:a-+,.� l..c+a°rt m .(�C ltiF#Ti.'y IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this »WI� day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) 1 On this t day of 1 Q n if a 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared �^ `'�i�" ��As fir,+t5 �" J �Ve� „ �Aid7a o me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this J� day of qh U� 20 L`JlrfiL`y C} J/Cs��L2�cs. Notary Public in and for the State of Washington, residing at 1(e,7f, wA My Commission Expires: © l/ Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 W•SHINQTC}N KENT ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Zios.i L1,c,k",9J / C :11 LL4i, project dated T s ntl 14 J Z?11for the same said ern has e .zf project. 4Sifp&:z:a lees S/`/I l<1 '✓z - the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of IV64 zf�aa c 1 4- L' 2',2 }'cM-�i < zc- . , the firm responsible for the preparation of the record drawings. Signature (Engineer stamp required) 3 Ai' 1�U751ti'k e�K-1V Bill of Sale flEb �a.27. i 1 5 of 5 KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: October 4, 2011 SUBJECT: Horseshoe Bend Demolition - Accept as Complete MOTION: Accept the Horseshoe Bend Demolition Project as complete and release retainage to SkyCorp upon receipt of standard releases from the state and release of any liens. The original contract amount was $62,598.96. The final contract amount was $108,051.10. SUMMARY: The bid opening for this project was held on Tuesday, May 31, 2011. In order to construct secondary levees at Horseshoe Bend Levee, several houses and out buildings needed to be demolished. A firm was hired to identify and test for hazardous materials that might need to be removed prior to demolition. Preliminary results showed that some minor items containing lead or asbestos would need to be removed. A demolition Contract was awarded based on this information. After the start of construction it was determined that significantly more hazardous material needed to be removed than originally estimated by the consultant. EXHIBITS: Site map RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This contract will be paid through the $10,000,000 Horseshoe Bend grant from the Department of Ecology. i �e l( r � 'lf �j �i ay i ( t`�� ' % %fn ; �! ➢n!a �I'g''�'"',"pi��� f� �r yi�tla` � � ',,. .Nd',W 4 %r / N � '/ r�,in �,SrrS^WIBJ�Ua"J� ✓�i �f //��/:i J / / �� // , /�/i /r� �ii� -i�!!% k U�"ry � l �• �^ �1 `�� y,rrcrc� tiw�� ^ y� r 1 r, h s ,"'"�gnyul9 r r {f i. .r , N � iW '� pea�a�I�29yaµps�iaedfeie�ruYt cctY � h �y� i , m err sntlzc i �!�! I U ' frimw/Hrvy r✓6�! /%%/�I1 �'ld!/��i�11J1��%�, ' tl L96PZ1S l fi o « i� � r,.i , KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: October 4, 2011 SUBJECT: Upper Johnson Creek Restoration, Phase I — Accept as Complete MOTION: Accept the Upper Johnson Creek Restoration Phase I as complete and release retainage to Jansen, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $317,314.58. The final contract amount was $332,010.09. SUMMARY: The bid opening for this project was held on Tuesday, June 14, 2011. The project consists of clearing and grubbing of grassland and shrubs; excavating and disposing of approximately 2,000 tons of material off-site; and installation of fish and wildlife habitat amenities including brush piles, nurse and habitat logs, logs with root wads for log jams, and streambed boulders. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Privately Funded from Silver Oak, LLC and Polygon Northwest through the Stormwater Utility Fund. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION