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City Council Meeting - Council - Agenda - 09/04/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. September 4, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT September 4, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP CANCELLED ********************************************************************** 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 C. Proclamation - Gay Pride Day D. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. 2013-2014 Biennial Budget - Set first public hearing date D. 2013-2018 Capital Improvement Plan - Set public hearing date E. BERK & Associates Inc., Consultant Services Agreement - Authorize F. Scenic Hill Stormwater Pipe Replacement Agreement - Authorize G. Rock Creek Salmon Spawning Survey Contract - Authorize H. Horseshoe Bend Levee Right-of-Way Dedication, S. 259th - Authorize I. Smith Street Left Turn Lane at Lincoln Avenue - Accept as Complete S. OTHER BUSINESS A. Consultant Services Agreement with BERK Consulting (Continued) COUNCIL MEETING AGENDA CONTINUED 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition 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.KentWa.gov 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. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation - Gay Pride Day D) Intergovernmental Reports PROCLAMATION WHEREAS, the City of Kent strives to create a welcoming community for all people; and WHEREAS, gay, lesbian, bisexual and transgender residents contribute to the cultural fabric of our community, fortify the success of our employers and businesses, and foster expressions of diversity; and WHEREAS, gay, lesbian, bisexual and transgender individuals donate their time, talent and labor to various organizations and express a full range of faith traditions as others do in the community; and WHEREAS, gay, lesbian, bisexual and transgender individuals invite each of you to join them in a celebration of diversity here in Kent on Sunday, September 9, 2012, from 1:00 to 5:00 pm in the park on Railroad Avenue between Gowe and Meeker Streets; and NOW, THEREFORE, I. Suzette Cooke, Mayor of the City of Kent, Washington, do hereby declare September 9, 2012 as "Gay Pride Day" In the City of Kent and encourage everyone to recognize and applaud the numerous contributions of gay, lesbian, bisexual, and transgender individuals in the city. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kent to be affixed this 4th day of September, 2012. -- --� f r- l Suz tte ooke i .sxt May KENT WASHINGTON 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 I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of August 21, 2012 and corrections to approval of bills, as follows: Corrections to August 21, 2012, Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 7, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/12 Wire Transfers 5125-5141 $1,836,223.49 7/15/12 Regular Checks 665030-665335 1,142,132.75 7/15/12 Use Tax Payable 1,807.91 $2,980,164.15 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2012: Date Check Numbers Amount 7/20/12 Checks 328424-328604 $ 138,854.93 7/20/12 Advices 301244-301894 1,237,052.99 $1,375,907.92 Approval of checks issued for payroll for July 16 through July 31 and paid on August 3, 2012: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 129,092.00 8/3/12 Advices 301895-302541 1,237,980.40 $1,367,072.40 (continued) 7B. Approval of Bills. Approval of payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 21, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/12 Wire Transfers 5142-5161 $1,718,299.85 7/31/12 Regular Checks 665336-665790 3,804,627.49 Void Checks 665549 (5,335.85) 7/31/12 Use Tax Payable 1,368.92 $5,518,960.41 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 21, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/12 Wire Transfers 5162-5179 $1,598,857.62 8/15/12 Regular Checks 665791-666219 2,319,549.22 8/15/12 Use Tax Payable 1,821.70 $3,920,228.54 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2012: Date Check Numbers Amount 8/20/12 Checks 328776-328943 $ 135,495.38 8/20/12 Advices 302542-303192 1,228,865.15 $1,364,360.53 y RCN i Kent City Council Meeting Was„ „',.' August 21, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. Council member Boyce was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Higgins added Consent Calendar Item K, an excused absence for Council member Boyce. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Erin Cox, 24620 Russell Road, introduced her seven-year-old daughter Jasmine Phelps, who was recently named National American Miss Washington. Jasmine explained what she learned from participating in the pageant, and said she will be representing Kent in the National American Miss Washington Junior Pre-Teen pageant. B. Community Events. (CFN-198) Higgins encouraged people to go to showarecenter.com to view upcoming community events. C. Exchanae Students from Yanazhou, China. (CFN-155) Cheryl Truzzi explained the Youth Ambassador program, and noted that there are three students from Yangzhou and three students from Kent this year. Each student then introduced themselves and spoke briefly. PUBLIC COMMENT No comments were made by the public. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through K. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 7, 2012 and the special Council meeting of July 31, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 7, 2012, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 7/15/12 Wire Transfers 5114-5124 $1,191,888.11 7/15/12 Regular Checks 664547-665029 4,788,051.47 7/15/12 Use Tax Payable 270.04 $5,980,209.62 1 Kent City Council Minutes August 21, 2012 Checks issued for payroll for July 1 through July 15 and paid on July 20, 2012, were approved: Date Check Numbers Amount 7/20/12 Checks 328424-328604 $ 138,854.93 7/20/12 Advices 301244-301894 1,237,052.99 $1,375,907.92 Checks issued for payroll for July 16 through July 31 and paid on August 3, 2012, were approved: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 156,360.71 8/3/12 Advices 301-301243 1,211,516.36 $1,367,877.07 C. Parking and Loading Requirements. (CFN-131) Ordinance No. 4043, amending Chapters 15.05, 15.07.040, and 15.02.331 Kent City Code, related to off- street parking and loading areas, was adopted. D. Permit Process Procedures and Requirements. (CFN-131) Ordinance No. 4044, amending Chapters 12.01, 12.04, and 2.32 Kent City Code, related to permit process procedures and requirements, was adopted. E. KIVA System Upgrade. (CFN-1155) The Mayor was authorized to sign all necessary documents to enter into agreements with Independence Enterprises, Inc., Selectron Technologies, Inc., Hewlett-Packard, DLT Solutions and Active Networks required upgrading the KIVA Permitting System in an amount not to exceed $182,658.17, including applicable state taxes, subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney. F. Limited Tax General Obligation Bond Refunding Ordinance. (CFN-104) Ordinance No. 4045 authorizing the issuance of the 2012 Refunding Bonds in an amount not to exceed $13,000,000 to refund the outstanding 2000 and 2002 Limited Tax General Obligation Bonds was adopted. G. Horseshoe Bend Levee Materials Testing Agreement. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $22,660 for materials testing and inspection services related to the Horseshoe Bend Phase II Levee Improvements, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. H. S. 228th Street Union Pacific Railroad Grade Separation Proiect Agreement. (CFN-1038) The Public Works Director was authorized to sign the South 228th Street Overpass agreement with Medina Fund One LLC, subject to final terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes August 21, 2012 I. Forest Ridae Court Bill of Sale. (CFN-484) The Bill of Sale for the Forest Ridge Court project, permit 2052140, for 10 gate valves, 3 hydrants, and 1,645 linear feet of waterline, 4 manholes, 1,188 linear feet of sanitary sewerline, 888 linear feet of frontage improvements; 5 catch basins, and 92 linear feet of storm sewerline was accepted. J. Lodging Tax Budget Adjustment. (CFN-1170) The Lodging Tax Budget Adjustment in the amount of $20,000 to use toward Skate America promotions was approved. ADDED K. Excused Absence. (CFN-198) An excused absence for Councilmember Boyce, who was unable to attend the August 21, 2012, meeting was approved. OTHER BUSINESS A. Green River Levee Improvements. (CFN-1318) Public Works Director LaPorte explained that negotiations with property owners involving the Hawley Road and Horseshoe Bend levees have stalled. He described the situations with Holmes Electric and EFCO, and said that in order to meet certain deadlines, it is necessary to proceed with condemnation. He added that although the city has had to file condemnation ordinances in the past, none have ever gone to court. Upon a question from Ralph regarding impacts to existing structures and current uses of the property, LaPorte described each situation and said neither business will lose space in their buildings or parking lots, although Holmes Electric will lose an access point. Albertson moved to adopt Ordinance No. 4046 providing for the acquisition of certain property rights along the Green River to complete levee improvements. Higgins seconded. Albertson emphasized that this ordinance is simply to allow the city to move forward if negotiations stall. The motion then carried REPORTS A. Council President. (CFN-198) Higgins reported on the discussion of the budget, operational efficiencies, and business revenues held at tonight's workshop. B. Mayor. (CFN-198) Mayor Cooke reported on levee improvements and meetings regarding public safety. C. Administration. (CFN-198) Hodgson reported on the recent bond rating meetings and the levy lid lift information which will soon be available on the city's website. He announced an executive session of approximately 20 minutes to discuss LID 363 procedures and pending litigation, with action expected on the pending litigation. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. 3 Kent City Council Minutes August 21, 2012 G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198/1321) Albertson reported that, due to the Labor Day holiday, there will be only one meeting in September and that in October the meetings will be on the lst and the 22nd. She provided Council members with copies of 2007 and 2010 reports on transportation infrastructure funding deficits, and explained that a Transportation Benefit District must be formed in order to charge a $20 license tab fee. I. Reaional Fire Authority. (CFN-198) Thomas announced that the fire commissioners and council members received a Gold, Silver and Bronze award. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:35 p.m., and reconvened at 8:12 p.m. A. Pending Litigation — National Pollutant Discharge and Elimination System Phase II Permit. (CFN-1038) The City Attorney explained that the Department of Ecology made a change in the regulations relating to low impact development in order to provide clean water for fish, people, and Puget Sound, but that there are a number of sections which aren't clear. In order to obtain clarification, he recommended joining with other cities in an appeal. Thomas moved to authorize the City Attorney to take all acts necessary to appeal the National Pollutant Discharge and Elimination System Phase II Permit, including authority to litigate or settle the appeal and to adjust the storm water utility budget accordingly to pay for all costs related to the appeal. Higgins seconded. Albertson voiced opposition, saying the money would be better spent implementing the items in the design manual. Higgins pointed out that although there are lots of uncertainties, if action isn't taken now, it could close off possible future legal action. Ralph said the only reason she is in support of the motion is to gain the clarity needed to act in the best possible way. Ranniger said given the current budget situation, it would be best not to spend the money before getting clarification. Perry noted that some conflicts could arise between the Growth Management Act and the low impact development standards, and said she supports the motion only for clarification. Brubaker reiterated that the permit is extensive and complicated, and that the low impact development standards manual is not yet complete. He said there is confusion and ambiguity and that if there is no appeal, the city's questions may not be raised or may be decided in a manner that doesn't reflect the city's understanding. He again recommended joining in an appeal in order to gain clarity on the ambiguities. The motion then carried with Higgins, Perry, Ralph and Thomas in favor, and Albertson and Ranniger opposed. 4 Kent City Council Minutes August 21, 2012 ADJOURNMENT The meeting adjourned at 8:20 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 y RCN i Kent City Council Workshop August 21, 2012 Councilmembers present: Albertson, Higgins, Perry, Ralph, Thomas and Ranniger (who arrived at 5:20 p.m.) The special meeting was called to order at 5:00 p.m. by Council President Higgins. Intergovernmental Issues. Michelle Wilmot reported that information on Proposition 1 will soon be available on the city's website. She distributed copies of a letter to the King County Flood Control Zone District Board of Supervisors signed by the legislative delegation regarding the Briscoe-Desimone levee improvements. She then reported on upcoming candidate forums. Council members reported on attendance at their regional committees. Mayor Cooke announced that a part-time administrative assistant to the Council has been hired and will start on September 4. Buildina a Healthier Kina County. This subject was not discussed, as no representatives from King County were present. Biennial Budget. Hodgson explained that the preliminary budget is set using revenue numbers for this month. Nachlinger distributed and explained projections for the biennium, noting that the biggest decline is in sales tax and the biggest increase is in real estate excise tax. After discussing the figures, Hodgson agreed to provide Council members with additional information by the end of the week. A lengthy discussion of sales tax, real estate excise tax, trends, online sales, admission tax, utility tax, and so forth was then held. Financial Planning Manager Barbara Lopez confirmed that she is comfortable with the figures provided. Albertson and Ralph members said they would like the numbers to be tighter, and Hodgson said that would result in a larger gap. Council members and Mayor Cooke then discussed budget priorities. Higgins suggested that one option is to keep the bottom line at the 2012 Estimated Actual figure of $85,125,000 and make adjustments within that amount. Council members agreed, and said revenues should be looked at. Operational Efficiencies. Mayor Cooke reported on a meeting regarding LEAN, which she explained is about increased capacity, increased revenue, and decreased redundancy, not about decreased services. She noted that the Human Services Director has contacted agencies about an efficiency study and asked for clarification about the timing. After discussion, it was determined that the first phase, evaluation, should be complete by the end of 2012, that a decision regarding an increased 1 Kent City Council Workshop Minutes August 21, 2012 business revenue package will be made before then, and that implementation of the study would take place in 2013. Albertson provided copies of two studies done in 2007 and 2010 regarding paying for transportation infrastructure with business revenue, and noted that they had been provided to the Chamber of Commerce. Gambling. Higgins said it has been suggested that the council consider the issue of expanded gambling in the city, and it was agreed that the subject will be discussed at a future workshop. The meeting adjourned at 6:38 p.m. Brenda Jacober, CIVIC City Clerk 2 w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: September 4, 2012 SUBJECT: 2013-2014 Biennial Budget - Set first public hearing date MOTION: Set September 18, 2012, for the first public hearing for the 2013- 2014 biennial budget at the regular City Council meeting. SUMMARY: This is the first public hearing for the 2013-14 biennial budget. Public input is welcome as the City begins to prepare the 2013-14 biennial budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A w," Agenda Item: Consent Calendar - 7D TO: City Council DATE: September 4, 2012 SUBJECT: 2013-2018 Capital Improvement Plan - Set public hearing date MOTION: Set September 18, 2012 for the public hearing for the 2013-2018 Capital Improvement Plan at the regular City Council meeting. SUMMARY: This is the public hearing for the 2013-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2013-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: September 4, 2012 SUBJECT: BERK & Associates Incorporated Consultant Services Agreement - Authorize MOTION: Authorize the Mayor to sign the consultant services agreement with BERK & Associates Inc., to produce a Supplemental Environmental Impact Statement and Planned Action Ordinance for the Downtown Subarea Action Plan in an amount not to exceed $90,000, subject to final terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. SUMMARY: BERK & Associates Inc., a strategic planning and business consulting firm, will: (1) Conduct the environmental analysis of growth alternatives for the Downtown Subarea Action Plan (DSAP) that will result in a Supplemental Environmental Impact Statement for the DSAP; and (2) Write an associated Planned Action Ordinance for a portion of the DSAP study area. EXHIBITS: Consultant Services Agreement, Exhibit A, Schedule, Exhibit B and Certificate of Insurance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes. Funding for this work is provided for in the 2012 budget. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK & Associates Incorporated THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates Incorporated organized under the laws of the State of Washington, located and doing business at 2025 First Avenue, Suite 800 - Seattle, WA 98121 - Phone 206.324.8760 (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: Conduct environmental analysis of three (3) alternative land uses for the Downtown Subarea Action Plan (DSAP) resulting in a Supplemental Environmental Impact Statement (SEIS) for the DSAP study area and write an associated Planned Action Ordinance for a portion of the DSAP study area, in accordance with Consultants' Scope of Work attached and incorporated as Exhibit A. 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 January 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand and No/100 Dollars ($90,000.00), 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. 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 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: Lisa Grueter, AICP Gloria Gould-Wessen, AICP BERK & Associates Incorporated City of Kent 2025 First Avenue, Suite 800 220 Fourth Avenue South Seattle WA, 98121 Kent, WA 98032 206.324.8760] (telephone) (253) 856.5441 (telephone) None (facsimile) (253) 856.6454 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contact has been saved] 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: Fo r: 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: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A ATTACHMENT A CITY OF KENT DOWNTOWN STRATEGIC ACTION PLAN SUPPLEMENTAL EIS Scope of Services PARTIES City of Kent(City) Berk&Associates, Inc. (Consultant) INTRODUCTION The City desires to update its Downtown Strategic Action Plan (DSAP) last updated in April 2005. As expressed to the City Council when considering Resolution 1781,the City's project goals are to: a Review what Kent has achieved and update recommended strategic actions to reflect potential new directions, a Expand the DSAP to function more like Kent's Comprehensive Plan and include Chapters such as Transportation, Land Use, Economic Development, Parks&Open Space,and Utilities, —e _Complete-a Planned-Action-Ordinance-(PAO)-based-on-the DSAP-update-and-include an-environmental-analysis- that will facilitate the permitting process and new development in downtown, and ® Engage stakeholders to hear what is working and what is missing in downtown. This scope of services will provide the City of Kent 1) a coordinated Environmental Impact Statement (EIS)to the City's new Downtown Subarea Action Plan (DSAP) and 2) an associated Planned Action Ordinance for a portion of the DSAP study area. The City's subarea plan and the Consultant's tasks will need to be tightly coordinated since they will be completed concurrently. The Downtown study area will include the Kent Urban Center as well as an area west of SR-167 to 64th Avenue South (generally the Meeker/Washington Activity Center) and along Central Avenue to approximately S. 234th Street. The City wishes to make use of the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, which did call out analysis for Downtown and the Meeker/Washington activity center. While the City anticipates growth levels similar to that studied in 2011, the potential rezones west of Downtown may shift how growth is distributed. Also, the City wishes to test a mid-range growth level to consider growth and mitigation phasing. Recognizing the information available in the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, the Kent Transportation Master Plan, and other sources, this scope of services assumes that the DSAP EIS will be narrow in scope(i.e. a Supplemental EIS),focusing on the identified areas of concern (i.e. land use and transportation), while providing enough detail to successfully complete the Supplemental EIS document and satisfy all procedural requirements. The following tasks are addressed in this scope of services: ® Task 1.Supplemental EIS Project Initiation o Task 2. Preliminary Draft Supplemental EIS August 13,2012 1 c Task 3. Draft Supplemental EIS ® Task 4. Final Supplemental EIS o Task 5. Implementing SEPA Ordinances TASK 1: SUPPLEMENTAL EIS PROJECT INITIATION Task 1.1 Data Collection and Review The Consultant will coordinate with City staff working on concurrent or recent planning efforts to collect professional literature and data pertinent to SEIS tasks. Task 1.2 Kick off Meeting The Consultant will organize and conduct a kick off meeting with the City to review project goals, coordinate SEPA and public participation, confirm the type of EIS (planned action and infll exemption) and associated level of technical analysis, and discuss potential alternatives for vetting during scoping. Following the kick off meeting, the Consultant will prepare a guidance memo that addresses roles and responsibilities, document approach and format, and other administrative items for use by the Plan/Supplemental EIS project team.A template for the Draft Supplemental EIS will be prepared. The Consultant will also document the selected SEPA strategies, including the use of a planned action ordinance, mixed use infill exemption, a summary of Supplemental EIS topics (i.e. land use and transportation), and areas to -- -be scoped-out-through-a-SEPA-Checklist. — --- ---- ------ — — Task 1.3 SEPA Checklist The Consultant will prepare an expanded SEPA Checklist addressing all topics not to be addressed in the Supplemental EIS. In particular, the Checklist will focus on adapting the information in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 to the current DSAP with an emphasis on the following topics: I a Natural Environmental O Air Quality a Noise o Cultural Resources a Public Services and Utilities Task 1.4 Scoping and Public Outreach The Consultant will assist the City in conducting a scoping process. The Consultant will: I ® Prepare a determination of significance and scoping notice; ® Evaluate scoping comments received;and ® Prepare a scoping report summarizing the scoping process,selection of alternatives, and comments received during scoping. Depending on the City's schedule for the subarea plan or its reading of recent SEPA laws (SB 6406-S.SL), the City may elect to conduct a scoping meeting for the community. If held,the Consultant will assist the City with meeting i August 13,2012 2 preparation and facilitation. The Consultant will also prepare a fact sheet that can be used to educate and inform the public and stakeholders about the process. The Consultant will develop up to three graphic boards. Task 1.5 Alternatives Description The Consultant will prepare a preliminary draft, and following City comment, a revised draft Alternatives description. The alternatives description will include a description of the proposed land use patterns, planning envelope of anticipated development in the study area, building typologies under each alternative (using illustrations and photos developed in the Subarea Plan where possible), and circulation features that are part of the alternatives.At this time,we anticipate inclusion of the following alternatives using a horizon year of 2031: ® 2011 EIS No Action:based on the adopted Transportation Master Plan growth levels a 2011 EIS HIS Review Alternative,which may be modified to reduce growth in Midway-growth may be redistributed elsewhere ® One mid-range alternatives,for example based on Puget Sound Regional Council's(PSRC's) growth distributions In addition,the Alternatives description will describe a phased growth scenario 2020 to test a moderate amount of growth and identify associated improvements.This may be less of an alternative, and more of a sensitivity analysis to determine an appropriate set of mitigation measures. Task 1.6. Urban Design Support See Attachment A.This scope of services sets aside a budget for urban design support (via subconsultant Makers), —which may Include-the suggested items in the Attachment'Urban-Design Support', or-other-items,provided-that— the Consultant will define in written communication with the City the services and cost within the available budget prior to initiating work. The City will provide an authorization to proceed with the desired urban design support items. Consultant Deliverables v Kick off meeting attendance and meeting summary including roles and responsibilities ® Determination of Significance and Scoping Notice ® Preliminary draft,print check, and public draft SEPA Checklist ® Preliminary draft,print check, and public scoping summary ® Preliminary draft, print check, and public Alternatives description a Urban design support, subject to Attachment'Urban Design Support'and allocated budget ® Attendance at one public meeting,which may address scoping City's Role a Provide recent planning documents(e.g.,Transportation Master Plan, Park& Open Space Plan, Comprehensive Plan,etc.); ® Provide functional plans(e.g.,sewer,water,storm water, etc.); e Provide recent Comprehensive Plan EIS documents; ® Provide Downtown Subarea Action Plan-in progress; a Conduct household and job analyses for evaluation; III August 13,2012 3 ® Provide data results of household and jobs for action alternatives and one no action; ® Provide GIS and maps of DSAP land use alternatives; ® Provide logistical support for scoping including notice distribution and meeting room arrangements;and o Prepare agency list for notification. 2.0 PRELIMINARY DRAFT SUPPLEMENTAL EIS The Consultant will prepare a preliminary draft Supplemental EIS consistent with WAC 197-11 rules. The Preliminary Draft Supplemental EIS document will focus on technical analysis of the Alternatives and coordinated mitigation measures with the Draft Subarea Plan. For each topic, the following will be identified: the affected environment, impacts common to all alternatives,impacts of each alternative, mitigation measures, and significant unavoidable adverse impacts.This scope of services assumes inclusion of the following Supplemental EIS sections: 2.1 General Sections The Consultant will prepare a fact sheet, table of contents, alternatives description (based on Task 1.5), appendices,and other necessary supporting documentation for City review. 2.2 Land Use Patterns and Plans and Policies The Subarea Plan or rezone concepts in the expanded study area may alter the land use pattern and growth phasing or growth totals in the Urban Center and Meeker/Washington study areas.The Consultant will review land use patterns, land use comoatlbil and activu� levels, andpopulation/employment capacity. _The Consultant will identify the relationship of the DSAP to the City's Comprehensive Plan and other functional plans. The Consultant will identify policy or code provisions that serve as mitigation measures. 2.3 Downtown Kent Subarea Transportation Analysis The Consultant (through subconsultant Fehr & Peers) will prepare a transportation analysis according to the following subtasks: 2.3.1 Run Travel Demand Model The Consultant will: a Obtain future land uses(2031)from the City for 3 alternatives:Comprehensive Plan No Build (used in Transportation Master Plan), 2011 EIS FEIS Review Alternative(modified in Midway),and a new alternative (Alternative X)defined by the City. • Rerun Kent travel demand model for revised land uses.Apply smart growth trip adjustments as applicable to downtown land uses. ® Extract traffic volumes for input to level of service analysis. 9 Run one additional 2020 land use scenario to assist in prioritizing investments. 2.3.2 Transportation Analysis(2020 and 2031) a Meet with staff to identify appropriate LOS standards to apply to subarea analysis.Consider LOS metrics for non-auto modes.Meeting will include presentation of LOS used in other communities that address multiple travel modes. a Calculate intersection and area LOS for downtown subarea and up to 3 additional corridors surrounding downtown. August 13,2012 4 a Calculate LOS for non-auto modes if multimodal LOS chosen by city staff. ® Identify transportation mitigation needed to meet LOS standards. ® Prepare planning level cost estimates for mitigation projects. ® Identify changes in traffic demands in the Kent-Midway area, comparing the 2031 Proposed Action Alternative with Alternative X. Identify locations where travel demands may increase or decrease in Midway and discuss possible implications to the mitigation strategy in the Midway subarea plan. No quantitative traffic analysis will be performed. 2.3.3 Documentation a Prepare transportation section of the DSAP Supplemental EIS a Provide appendix with documentation of transportation analysis, including travel model, LOS analyses,and cost estimating. 2.3.4 Meetings a Attend up to 3 total meetings with staff,commission,and/or council(these may occur in conjunction with other tasks listed in this scope of services). 2.4 Consultation Based on scoping comments in Task 1.4,if topics addressed in the SEPA Checklist(Task 1.3)require confirmation of technical issues or potential mitigation options, the Consultant will consult with subject matter experts (for example, historic, noise, air quality, public services). Prior to initiating consultation, the Consultant will obtain written authorization from the City. Consultant Deliverables ® Preliminary Draft SEIS—one Hard copy and electronicfiles o General Sections o Land Use technical analysis o Transportation technical analysis ® Print Check Draft SEIS City's Role a Provide a consolidated set of internal comments on the Preliminary Draft SETS and Print Check SEIS 3.0 DRAFT SUPPLEMENTAL SETS Based on City comments on the preliminary draft Supplemental EIS, the Consultant will prepare a draft Supplemental EIS for public review. The Consultant will respond to one round of consolidated City comments on the Preliminary Draft SEIS. The Consultant will then prepare a print check Draft Supplemental EIS to confirm accomplishment of City comments. The Consultant will prepare a public Draft SEIS for City publication. The Consultant will prepare the notice of availability for City publication. The Consultant will attend a public meeting or hearing during the comment period regarding the Draft SEIS and associated Subarea Plan as appropriate. Consultant Deliverables ® Draft SEIS—One Hard copy and electronic files; August 13,2012 5 ® Notice of Availability City's Role n Track Public Comment; ® Publish Notice of Availability;and ® Prepare Distribution List. ® Print and distribute Draft SETS 4.0 FINAL SUPPLEMENTAL EIS The final Supplemental EIS will consist of a fact sheet, table of contents, draft Supplemental EIS analysis corrections as needed, description of the preferred alternative if needed, and responses to comments. The Consultant will prepare a preliminary final Supplemental EIS for City review and comment. Based on City comments, the Consultant will prepare a final Supplemental EIS for public issuance. The Consultant will prepare the notice of availability for City publication. This scope and budget assumes up to 20 unique comments are received. This scope assumes the Preferred Alternative is within the range of the Draft Supplemental EIS Alternatives and requires order of magnitude analysis. Consultant Deliverables ® Preliminary Final SEIS—one Hard copy and electronic files o Responses to Comments—up to 20 unique comments o Preferred Alternative—order of magnitude level of review ® Print Check Final SETS ® Public Final SEIS ® Notice of Availability City's Role ® Provide a consolidated set of internal comments on the Preliminary Final SEIS and Print Check Final SEIS ® Print and distribute Final SEIS 5.0 IMPLEMENTING SEPA ORDINANCES The Consultant will assist the City withy SEPA Ordinance preparation as follows: 5.1 Planned Action Ordinance This tool is likely to be applied in the Urban Center.To ensure that impacts and mitigation measures are addressed over the planning period, the Consultant will prepare the ordinance that designates the Planned Action. The ordinance will address: the type of project action; compliance with the criteria for a planned action; findings related to adequacy of the Planned Action Supplemental EIS; and mitigating measures required to qualify future projects as Planned Actions. The Consultant anticipates adopting the DSAP Planned Action Supplemental EIS and 2011 EIS as part of the Planned Action Ordinance. The SEPA Checklist at the scoping stage and the mitigation document will coordinate the mitigation measures from the 2011 EIS and the present Supplemental EIS. In addition, pursuant to 2ESSB 6406, the Consultant will prepare a planned action-specific checklist to determine August 13,2012 6 consistency with the planned action ordinance. The Consultant will participate in a public meeting or hearing to allow public comment on the Planned Action Ordinance. The Consultant will confer with the City Attorney as appropriate regarding the planned action ordinance. The scope of services and cost estimate assume a preliminary draft,public draft, and final draft ordinance and mitigation document. 5.2 SEPA Infill Exemption The City may wish to consider an infill exemption for the expanded study area to incentivize different land uses. The Consultant will draft a proposed categorical exemption for inclusion in the City's SEPA rules. The exemption will indicate: e The level of residential, non-retail commercial,or mixed-use development that will be exempt e The area where the exemption will apply a How the exemption will be applied to a proposed project Consultant Deliverables a Preliminary draft, print check,and public draft Planned Action Ordinance/Mitigation document and Infill Exemption Ordinance ® Pursuant to 2ESS6 6406, checklist to guide future permit review to determine consistency with the planned action;and ® Attendance at a combined public hearing for the Planned Action Ordinance and Infill Exemption Ordinance City's Rote ® Publish Notice of Public Hearing;and ® Provide a consolidated set of comments on the Preliminary Draft and print check ordinances, including City Attorney review GENERAL ASSUMPTIONS ® Time may be transferred from one task to another due to greater or lesser level of effort, provided that each task shall be completed and the total budget shall not be exceeded. a The City will provide available necessary government documents,studies,site plans,GIS data layers and mapping and other technical information pertaining to the study area,including any appropriate electronic GIS data,aerial photos, and drawings of areas within the project study area. a Research and data collection will be based on readily available secondary sources of information, including reports,inventories,maps and other similar literature from local government and other sources. a The Consultant is preparing GIS figures for the EIS, except that the City will provide their own GIS figures for land use alternatives that the Consultant will incorporate into the EIS. ® Consultant will provide entire document(s),where applicable,in the native, Microsoft Windows-compatible formats used to create the document(i.e., MS Word, Excel,etc.). a The City is responsible for document reproduction and distribution of all review and final drafts. ® All Consultant deliverables will be limited to electronic file transfers and one hard copy. ® The City is responsible for meeting advertisements, room reservations, and other similar logistics. August 13,2012 7 Cost Estimate Manager Project Associate Project Total Hours and Manage Associate Estimated Cost 2012 Hourly Rate $160 $160 $115 $70 by Task Task 1:SUPPLEMENTAL EIS PROJECT INITIATION 60 20 8:' 88 Subtotal 0 60 20 8 88 $12,460 Task 2:PRELIMINARY DRAFT SUPPLEMENTAL EIS 56 12 = 14 ' 82 Subtotal 0 56 12 14 82 $11,320 Task 3:DRAFT SUPPLEMENTAL SETS 6 20 8 10 :. 44 Subtotal 6 20 8 10 44 $5,780 Task 4:FINAL SUPPLEMENTAL EIS 4 24 12 16 ' S6 Subtotal 4 24 12 16 56 $6,980 Tasic 5:IMPLEMENTING SEPA ORDINANCES 4 24 4 0 -, 32 Subtotal 4 24 4 0 32 $4,940 Total Estimated Hours 14 184 56 48 302 Cost(Hours-Rate) $2,240 $29,440 $6,440 $3,360 $41,480 Fehr&Peers $38,120 Makers $8,000 Contingency Consultation $2,000 Subtotal Consultant Cost $89,600 Project Expenses @^1%of project budget $400 Estimated Project Total $90,000 August 13,2012 8 Attachment: Urban Design Support M, ..........,.r.:a, s .,: n ., MEMORANDUM To: Lisa Grueter, Berk From: John Owen Date; August 1(}, 2t)122 Re: Kent Downtown Eis— Urban design services Lisa, I understand that the current thinking is to propose a preliminary urban design budget for the Kent Downtown EIS project of about 50 hours of my time at$160 Mr. Given this assumption, the following is a partial list of items as a kind of's Is Carte menu'that we can assist the City nth: • Prepare a streetscape improvement plan emphasizing pedestrian improvements based on previous studies. • Prepare prellminary street designs of speciflo streets. (Best done in conjunction with Public Works.stall.) • Bawd on a strestscape improvement plan and preliminary street designs,develop street standards for the City to use in setting street improvement requirements for new development • Review current zoning and design gu defines and recommend changes to attract desired development and,more specifically, increase Downtcstvn Kent's desirabilily as a residential neighborhood. • Prepare special urban design studies and illustrative graphics for specific downtown sub-districts key streets,or other focus areas • Provide solutions to Increase compalibllity between uses and zones. • Provide consultation regarding land use edges and connadNily to areas outside downtown. Of course,vie can work on an on-call bases and shape our services to tit the Clty's needs. And in many cases we can achieve savings by only performing the specific tasks that the City needs and letting City stall do the remainder of the work, t would be happy to provide an estimate for each item when we can discuss exactly what is needet. Please let me know it you have any questions regarding this"manu'. John 6 c c r ;rc .. r+.m?t:s•sr_! mr„ ias�rw.uscesnuir.--o-x-arz August 13,2012 9 o v sue' E I Q �.� Q .T ......... ......... ... ...... ........... ......... .c°. � p ...eta � C) �, op z L. N I Z ® w a w Q N �ll c m Q CD _ J y 0 Lli J Q m . a� U LIJ Q Z a as EL� ,v_ a 62 Pi L.Li a 4 � N w a o 0 O w � va °—' o Tn Q O L.L.i z G o w J v cp u� w mill �"po, 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 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an 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. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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. EXHIBIT B (Continued) 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 Contractor 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. , ii CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD `/" 8/14/201212 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COWACT Henry Chao NAME McDonald Insurance Group, Inc. PHONE . (425)827-7400 FAX A/C No: (425)827-7402 416 6th St S ADDRESS:henry@mcdonaldins.corn PO BOX 3089 INSURER(S)AFFORDING COVERAGE NAIC# Kirkland WA 98083-3089 INSURERAValley Forge Insurance Co 2050 INSURED INSURER B:Continental Casualty Company Berk & Associates Inc. INSURERC: 2025 First Ave. Suite 800 INSURERD: INSURER E Seattle WA 98121 1 INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 - GL/SG/AU/Umb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO-RNITH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF POLICY EFF POLICY EXP LTR INSR VIVO POLICY NUMBER MMIDDIVVVV MMIDDIVVVV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 $[ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE FX] OCCUR 4017749887 9/18/2012 /18/2013 MED ERR(Any one person) $ 10,000 PERSONAL&ADS INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGO $ 4,000,000 X POLICY PRO LOC $ POMOBILELIABILITY OMBI ED SINGLE LIMIT1000 000 ANYAUTO BODILY INJURY(Per person) $ AALL OWNED SCHEDULED 4018239201 9/18/2012 /18/2013AUTOS AUTOSBODILY INJURY(Peracadent) $ X NON-OWNED PROPERTYDAMAGE $ H IRED AUTOS AUTOS Peracadent Uninsured mofonst combined $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EX C ESSLIAB CLAIMSMADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 4017751039 9/18/2012 /18/2013 $ A >00MV30004i WC STATU- oERTH- }Qpt�`{EMPLOYERS'LIABILITY YIN TCRY LIMITs X ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $ 1 000 000 OFFICERMEMBER EXCLUDED? NIA (Mandatory in NH) 4017749887 9/18/2012 /18/2013 EL.DISEASE-EA EMPLOYE $ 1 000 000 If yes describe under DESCRIPTION OF OPERATIONS be EIT DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) re: City of Kent Enviromental Analysis City of Kent is additional insured, primary and noncontributory, for general liability as required by written contract per form SB146932E attached. CERTIFICATE HOLDER CANCELLATION canderson@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn. Charlene Anderson 220 Fourth Avenue South AUrHORIZED REPRESENTATIVE Kent, WA 98032 F McAllister, Jr./HHC /--'"'` ' - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD SB-146932-E CNA (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained in insurance, but only with respect to "bodily injury' or Subparagraphs d. or f.; or "property damage" arising out of"your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. "Bodily injury' or "property damage" for which 2• This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2. does not apply if"bodily injury'or product made intentionally by the vendor; "property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, testing, or the substitution of parts under 2• MISCELLANEOUS ADDITIONAL INSUREDS instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy; and operations, except such operations performed 2. Executed prior to the "bodily injury," "property at the vendor's premises in connection with damage" or"personal and advertising injury," but the sale of the product; Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any otherlimited as provided herein: thing or substance by or for the vendor; or a. Additional Insured—Your Work h. "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) SB-146932-E CNA (Ed. 06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury' arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c the additional insured. C. Controlling Interest The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the (1) Theirfnancial control of you; or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9. of the definition of"insured d. Managers or Lessors of Premises contract" under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury' or "property damage" maintenance or use of that specific part of the arising out of the "products-completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. (3) The insurance provided to the additional This insurance does not apply to: insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury' arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee,Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. Owners/Other Interests—Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following additional exclusions: removal of elevators; or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed. 06/11) SB-146932-E CNA (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention injury a person or are insureds only with respect to their liability damage to another's property, arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires; or damage" arises out of those 2 To "bodily injury," "property damage" or operations; or O Y 9 "personal and advertising injury' arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury' or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance is excess over any other (1) rented to you: insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) SB-146932-E CNA (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in the "products-completed operations (4) Any "executive officer" or insurance hazard." manager, if you or an additional insured is a corporation; B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7• Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. 6. Broad Knowledge of Occurrence a. The insured; or b. Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured; and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence," offense, claim or"suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B„ SB-146932-E Page 4 of 5 (Ed. 06/11) SB-146932-E CNA (Ed. 06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expenses lease sub-lease any room, dwelling Definitions, item 14, Personal Advertising Injury, insured.premises Paragraph c. is replaced by the following: (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of its owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932-E Page 5 of 5 (Ed. 06/11) McDonald Insurance Group, Inc. RO Box 3089 Kirkland, WA 98033 Applicable to ACORD 25 - Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s) unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s). All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract.. Applicable to ACORD 25,27,28, and 24 This certificate is the "latest' ACORD 25 (May, 2010) Certificate of Liability Insurance, or ACORD 27 (December, 2009) Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance . In order to issue certificates from our agency,these revisions listed above must be used. If you previously received an ACORD 25, 27, 28 or 24 with an earlier revision date, there are notable changes between the forms. Please note the following significant characteristics of the new ACORD forms. ❖ The cancellation clause refers back to the policy terms. ❖ Cancellation notice from the insurance carrier is provided to the first named insured. That right is not available to certificate holders. ❖ The ACORD form is copyrighted. Permission to alter it is not available. ❖ As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates. Carriers do not authorize us to include special language or alter the form even without the copyright concerns. The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. C�0�1RY` .� C�0�1RY` C�0�1RY` McDonald Insurance Group,Inc—Po Box 3089 Kirkland, WA 98083 KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: September 4, 2012 SUBJECT: Scenic Hill Stormwater Pipe Replacement Agreement — Authorize MOTION: Authorize the Mayor to sign a goods and services agreement with H.D. Fowler Company, in an amount not to exceed $23,354.21, plus sales tax, for drainage materials related to the Scenic Hill Stormwater Pipe Replacement Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The Drainage Utility spends approximately $135,000 per year on materials required to maintain and replace aging storm pipes. Some of the drainage systems on Scenic Hill are in excess of 50 years old and in need of replacement. In recent years, the system on Woodland Way north of East Walnut Street was replaced. The drainage systems on Maplewood Avenue South and Alexander Avenue exhibit deficiencies and are in need of replacement. We anticipate that work will begin this fall, using Public Works Operations crews to construct the project. In accordance with the City's Administrative Policy 1.1 - Procurement Policy, the Warehouse Supervisor solicited three written bids for materials to be used for replacement of these two portions of the drainage system. H.D. Fowler Company was the only responsive bidder. EXHIBITS: H.D. Fowler Company Bid #B203712 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There are no unbudgeted fiscal impacts. The Agreement will be paid through the Drainage Utility capital replacement fund. Bid No:B203712 Page 1 of 1 y ir3 H.D. COMPANY Customer: BIDDING CONTRACTORS Bid No: B203712 Estimator: RYAN HUFF Bid Date: 9/6/2012 Job Name: MAPLEWOOD AVE &ALEXANDER AVE STORM LINE Location: KENT, WA -t m Line City UoM Description Unit Price Extended Price MAPLEWOOD AVE STORM LINE 1 511 FT 12" CL 50 DI PIPE TJ,C151/A 21.51,C104,C/L,18.25'NOM.LGTH,SBR GASKET 25.89 13,229.79 (40.3 LB/FT)985.SO IS NOMINAL LENGTH FOR OUR PIPE,54 STICKS 2 6 EA TYPE 1 CONCRETE CATCH BASIN 120,56 723.36 3 6 EA 20 X 24 CB FRAME ONLY CI SM60 123.64 741.84 4 6 EA 20"X 24" DI GRATE ONLY SM60 110.91 665.46 5 12 EA S/8"X 1-1/4"ALLEN HEAD SS CAP SCREW 2.72 32.64 6 476 FT 12"PVC SEWER PIPE,GASKETED,ASTM D3034,14'LENGTH 7.35 3,498.60 7 6 EA 12"PSM PVC MANHOLE COUPLING &GASKET FOR PVC SEWER PIPE 71.25 427.50 Section Subtotal: 19,319.19 ALEXANDER AVE STORM LINE 8 128 FT 12"CL 50 DI PIPE TJ,C151/A 21.51,C104,C/L,18.25'NOM. LGTH,SBR GASKET 25.89 3,313.92 (40.3 LB/FT) 9 2 EA TYPE 1 CONCRETE CATCH BASIN 120.56 241.12 10 2 EA 20 X 24 CB FRAME ONLY CI SM60 123.64 247.28 11 4 EA 5/8"X 1-1/4"ALLEN HEAD SS CAP SCREW 2.72 10.88 12 2 EA 20"X 24"DI GRATE ONLY SM60 110.91 221.82 Section Subtotal: 4,035.02 Approximate Total 23,354.21 KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: September 4, 2012 SUBJECT: Rock Creek Salmon Spawning Survey Contract — Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc., in an amount not to exceed $26,276.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Clark Springs Water Supply System Habitat Conservation Plan (HCP) was approved by the National Marine Fisheries Service and the United States Fish and Wildlife Service in 2011. Approval of the HCP secures the City's water withdrawal from Clark Springs, which is our potable water source. The HCP identifies how much water the City can withdraw from Clark Springs, with the remaining water left available for the natural habitat in Rock Creek. As a condition of approval, the Water Utility is required to install mitigation measures for water withdrawal and conduct specific monitoring measures. This contract will meet the current requirements of Monitoring and Evaluation Measure MEM-3. This MEM requires weekly spawning surveys for salmon species every fourth year in Rock Creek for the 50-year duration of the HCP. EXHIBITS: Proposal from R2 Resource Consultants, Inc. RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The Water Department has budgeted for this expense in order to maintain compliance with the HCP. Proposal2 r Conducting Rock Creek Spawning Prepared for. City of Kent Public Works 220 Fourth Ave. & Kent, Washington98032- 95 Prepared bz _use Consultants, inc. 15250 N.E. 95® Street Redmond, Washingtones 2-25!a August $ 20!2 City of Kent Conducting Rock Creek Spawning Surveys INTRODUCTION R2 Resource Consultants Inc. (R2) is pleased to submit this proposal to the City of Kent for conducting spawning surveys in Rock Creek during the 2012/2013 spawning season. The City of Kent released a Final Habitat Conservation Plan (HCP)for the Clark Spring Water Supply System in December 2010. The plan went into effect with issuance of an Incidental Take Permit in September 2011. The HCP requires a number of specific Monitoring and Evaluation Measures (MEM), including spawning surveys of Rock Creek on a 4-year cycle. The measure, identified as MEM-3, requires the following(City of Kent 2010): "The City of Kent will conduct weekly spawning surveys for Chinook salmon, sockeye salmon, coho salmon, and adfluvial cutthroat trout within selected index reaches of Rock Creek every fourth year. Monitoring will occur beginning during the week of September 21 and extend through the end of February. The four-year period is selected based on atypical four-year life cycle of sockeye and coho salmon, the species with the longest life cycle that routinely uses Rock Creek Hence, monitoring a four-year period would encompass one complete life cycle and should provide sufficient information from which to formulate population trends. It would also serve to monitor potential use by Chinook salmon. Index reaches for Chinook and sockeye salmon would include Reach 1 through Reach 7 from September 21 to December 31. Index reaches for coho salmon would include Reaches 8, 9, 10, and 11 from November 15 to February 28. " R2 is well-suited for completing this task because it assisted the City of Kent in the development of the HCP and R2 completed spawning surveys for the City of Kent during the 2003/2004 and 2004/2005 spawning seasons. Our proposed approach for completing the spawning surveys is described below and slightly modifies the approach from the previous spawning surveys to meet the requirements of the HCP; costs are presented in Table 2. We have also enclosed resumes of selected R2 staff that we anticipate would be involved in the completion of these tasks, as well as a general rate schedule that lists staff hourly rates and equipment usage rates. R2 Resource Consultants,Inc. I August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys ROCK CREEK SPAWNING SURVEYS BACKGROUND Rock Creek supports stocks of several anadromous fish including sockeye (Oncorhynchus nerka) and coho (O. kisutch) salmon, and steelhead (O. mykiss). Chinook salmon (O. tshawytscha)have occasionally been observed in Rock Creek over the past 10 years, but numbers are low with zero to two fish observed per year (R2 2005, R2 2004, H. Berge pers. com. May 6, 2012). The system also supports cutthroat trout(O. clarki)that are reportedly adfluvial fish from Lake Washington. These fish collectively spawn over a period of months extending from September into February (MCS Environmental 2003). Spawning surveys have been conducted on a weekly basis in up to 12 reaches (Figure 1)totaling up to 2.4 miles of Rock Creek during the 2001/2002, 2002/2003, 2003/2004, and 2004/2005 spawning seasons (MCS 2003, R2 2004, R2 2005). Surveys began at the confluence of Rock Creek and the Cedar River up to the upstream boundary of the City's watershed, a total distance of about 2.7 miles. Over the past 10 years, King County and WDFW have also conducted surveys in Rock Creek, but have been focused on reaches where, and the time period when, Chinook salmon might spawn in the creek. APPROACH R2 proposes an approach slightly modified from previous surveys that meets the requirements of the MEM-3 of the Clark Springs Water Supply System HCP (City of Kent 2010). This will continue the general approach, reach designations, and general procedures used for spawning surveys conducted during the 2003/2004 and 2004/2005 spawning seasons to ensure comparability. FREQUENCY OF SURVEYS R2 proposes to maintain the same general frequency of sampling(approximately every 10 days) as in previous surveys. However, MEM-3 only requires surveying of specific index reaches targeted primarily for Chinook salmon and coho salmon. Consequently, Reaches 1 through 7 would be surveyed during September 21 to December 3land Reaches 8 through 11 would be surveyed during November 15 through February 28 (Table 1). Reach 9b and Reach 12 will not be surveyed. We anticipate and have estimated costs for a total of 17 surveys that would be conducted at approximately 10-day intervals (range 7 to 14 days) between September 1 and February 28 using a 2-person team of biologists. We propose to start surveys within a week after Chinook are observed at the Landsburg fish weir. We expect that the initial surveys will only require observations over Reaches 1, 2, and 3 until sockeye begin to move into the creek. At that R2 Resource Consultants,Inc. 2 August 6, 2012 '7 Nti N � b '" bM Mu ,b V W uW N W MM pj uS FH ne�{1uvM eurp +rM rli U X 4,uuRo n.ya,u rs noxn,e7' � � u w C U My }( � rn .n rnv � rnvN r.O m m r ,o N ,ornr .nN � m m � U ro 1t /1 N V Y O TT 0 0 0 0 0 . � . T N , W .- frip �Xl 4 C m � o o m U � City of Kent Conducting Rock Creek Spawning Surveys time surveys would be expanded to cover reaches farther upstream. However, during the first survey, all survey reaches will be walked to re-establish and flag reach boundaries. Table 1. Schedule of reaches to be surveyed. Survey Dates Reaches to be Surveyed Number of Surveys September 21 —November 14 Reaches 1 through 7 6 November 15 —December 31 Reaches 1 through 11 5 January 1 —February 28 Reaches 8 through 11 6 DATA COLLECTION AND ANALYSIS Data to be collected/provided during each survey would include: • Date of Survey; • General Weather Conditions; • Flow (from the USGS gages No. 12118400 and No. 12118500 near Kent Kangley Road and the mouth of Rock Creek, respectively); • Time at the beginning and end of each survey reach; • Water temperature (measured with a hand-held thermometer); • Number, species, and sex of live and dead(carcasses will be marked to avoid double counting during latter surveys) salmon (coho, sockeye, Chinook); • Number and species of live and dead (carcasses will be marked) cutthroat trout; and • Representative photographs will be taken of each reach and fish species observed during the surveys. Data will be collected in bound waterproof field notebooks and input to electronic spreadsheets. TECHNICAL MEMORANDUM Results of the surveys would be presented in a short Technical Memorandum (TM) (10 pages of text or less). The TM will summarize the results of the surveys, including tallies of the live and dead salmon and trout observed during each survey by species. Statistical analyses to develop escapement estimates will not be conducted. The TM will include as appendices copies of all field forms and selected photographs. If desired by the City of Kent, upon the completion of R2 Resource Consultants,Inc. 4 August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys each individual survey, R2 can provide a tabular report of survey results in electronic format. R2 will alert the City of Kent if live or dead Chinook salmon are observed in Rock Creek within 24 hours after a survey. SCHEDULE R2 proposes to complete this work in accordance with the following schedule: • Spawning surveys —commence when Chinook first observed at the Landsburg fish weir (approximately the first week in September) and continue through February; • Draft Technical Memorandum—on or before April 1, 2013. COSTS Estimated costs by task are presented in Table 2. REFERENCES City of Kent. 2010. Clark Springs Water Supply System Habitat Conservation Plan. City of Kent, Washington. MCS Environmental, Inc. 2003. Rock Creek 2002-2003 salmonid spawning survey, Kent Washington. Prepared for City of Kent. R2 Resource Consultants, Inc. 2004. Biological Monitoring Rock Creek, Washington 2003- 2004 Salmonid Spawning Surveys. Draft Report. Prepared for City of Kent. R2 Resource Consultants, Inc. 2005. Biological Monitoring Rock Creek, Washington 2004- 2005 Salmonid Spawning Surveys. Draft Report. Prepared for City of Kent. R2 Resource Consultants,Inc. 5 August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys Table 2. Estimated costs to complete spawning surveys on Rock Creek. R2 Resource Consultants,Inc. City of Kent 6Aug-12 Rock Creek Spawning Surveys TASK01 TASK02 TASK03 Project Spawning Tech Memo Hourly Management Surveys Preparation TOTAL PERSONNEL Rate$ Hrs/Csts$ Hrs/Csis$ Hrs/Csis$ Hrs/Csis$ Alan Olson $125.00 8 8 6 22 Sr.Fish Biologist $1,000.00 $1,000.00 $750.00 $2,750.00 Jody Breckenridge $112.00 6 0 0 6 Administration/Contracting $672.00 $0.00 $0.00 $672.00 Adam Weybright $91.00 0 100 0 100 Fish Scientist $0.00 $9,100.00 $0.00 $9,100.00 Catherine Morello $91.00 0 108 24 132 Marine Biologist $0.00 $9,828.00 $2,184.00 $12,012.00 Sabrina Panos $91.00 4 0 4 8 Word Processing/Admin $364.00 $0.00 $364.00 $728.00 Michelle McLaughlin $62.00 1 0 0 1 Clerical $62.00 $0.00 $0.00 $62.00 Total Labor Hours 19 216 34 269 Total Labor Costs$ $2,098.00 $19,928.00 $3,298.00 $25,324.00 R2 Resource Consultants,Inc. City of Kent 6Aug-12 Rock Creek Spawning Surveys TASK01 TASK02 TASK03 Project Spawning Tech Memo ITEM Management Surveys Preparation TOTAL Expenses:Travel,Misc,Supplies,Subsistence: Field Supplies L ) $0.00 $50.00 $0.00 $50.00 Cornmunications(Venzon/Integm) $0.00 $25.00 $0.00 $25.00 Subtotal Expenses $ $0.00 $75.00 $0.00 $75.00 10%Markup on Expenses,Subcontractor: $0.00 $7.50 $0.00I $7.50 R2 Equipment Usage(III eld and Office): R2 Company Vehicle @$0.75/ni le $0.00 $800.00 $0.00 $800.00 35-nnn Camera Usage(ab$5/day $0.00 $20.00 $0.00 $20.00 C,PS rental g$10/day($50/wk) $0.00 $20.00 $0.00 $20.00 Copies,Mw is 1/2 x 11)(ab$.10/page $0.00 $30.00 $0.00 $30.00 Subtotal R2 Equipment Usage$ $0.00 $870.00 $0.00 $870.00 PROJECT TOTALS: Total ODCs $ $0.00 $952.50 $0.00 $952.50 Total Labor Costs $ $2,098.00 $19,928.00 $3,298.00 $25,324.00 TOTAL COSTS $ $2,098.00 $20,880.50 $3,298.00 $26,276.50 R2 Resource Consultants,Inc. 6 August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys R2 Resource Consultants, Inc. Standard Rate Schedule --Y2012 LABOR 2012 CATEGORY LABOR LABOR RATE Classification) (Employee) (Rate/Hr * 31 Open $245.00 30 Dudley Reiser, Ph.D. $197.00 29 Michael Ramey, P.E. $175.00 29 Peter Christensen, P.E. $175.00 29 Michael Loftus, Ph.D. $175.00 29 Dana Postlewait, P.E. $175.00 28 Ronald Campbell $165.00 28 Paul DeVries, Ph.D., P.E. $165.00 28 Phil Hil ert $165.00 28 Ma Louise Keefe, Ph.D. $165.00 28 Frank Postlewaite, P.E. $165.00 27 Stuart Beck, Ph.D.,P.E. $156.00 27 Allen Danskine, P.E. $156.00 27 Kevin Fetherston, Ph.D. $156.00 27 Dan Turner, P.E. $156.00 26 Dani Evenson $141.00 26 James Schulz $141.00 26 Joetta Zablotney $141.00 25 Chi-Ming Huang, Ph.D.,P.E. $125.00 25 Eric Jeanes $125.00 25 Alan Olson $125.00 24 Glen Anderson, P.E. $112.00 24 Jody Breckenridge $112.00 24 Jennifer Esteban, P.E. $112.00 24 Michael Gagner $112.00 23 Suzanne Picard, P.E. $107.00 23 Timothy Sullivan $107.00 23 Clair Yoder,P.E. $107.00 22 Bradley Gochenour $91.00 22 Kenneth McBride $91.00 22 Catherine Morello $91.00 22 Timothy Ni hten ale $91.00 22 Karee Oliver $91.00 22 Sabrina Panos $91.00 22 Adam We bri ht $91.00 21 Judith Simon $80.00 20 Laura Arendall $73.00 20 David Roon $73.00 9 Open $83.00 8 Lo ce Panos $73.00 7 Michelle McLaughlin $62.00 6 Field Technician II $62.00 5 Field Technician I $53.00 *Labor rates are effective through December 31,2012. R2 Resource Consultants,Inc. 7 August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys R2 Resource Consultants, Inc. Standard Equipment Rate Schedule,Year 2011-2012 Equipment" Equipment Rate Office GIS/CAD $10 per hour Equipment Copying/reproduction (8 1/2x11 b&w) $.10 per page Usage Copying/reproduction (11x17 b&w) $.20 per page Color Copies (8 1/2xl1; l lxl7) $1 per page; $1.50 per page Plotter(color) $5 per s . f. Collating/Binding,Su lies $1.50 per set Transportation (R2 Company Vehicle): Company Vehicle Mileage $.75 per mile Field 35-mm camera $5 per day Equipment Video camera $50 per day; $150 per week Usage Computer Projector $100 per day Dissolved Oxygen/Temp Meter $35 per day Current Meter $75 per day Conductivit / H/Tem Meter $25 per day Turbidity Meter $40 per day Fish Capture Nets (fyke/gill nets, beach seine) $50 per day Fish Processing Pk $10 per day Surveying Equipment $35 per day Total Station $150 er da ; $450per week Snorkelin /Sam lin /D suit Equipment $40 per day Laptop Computer $100 per week Large Raft; Small Raft $150 per day; $75 per day Large Electrofishin /Raft $300 per day Backpack Electroshocker $100 per day Shoreline Electroshockin Package $125 per day Small Raft w/VVP Electroshocker $150 per day 19'Boston Whaler $350 per day H drolab - Quanta 4 $100 per day Substrate Sampling Pk $25 per day Stream Temp. Recorder $25 per month GPS Unit $10 per day Invertebrate Sampling Pk $10 per day Habitat Mapping Equipment $10 er da Field Data Recorders $25 per day Laser Rangefinder $15 per day PHABSIM(Habitat Survey)Pk $100 per day Dissecting Microscope $5 per day Photo Stereoscope $15 per day "Subsistence,transportation and travel costs,and misc. expenses shall be billed at a 10%markup. R2 Resource Consultants,Inc. 8 August 6, 2012 RESUMES R2 Resource Consultants,Inc. August 6, 2012 Alan F. Olson, M.S. f 2 Fisheries Biologist • 0 M.S. (Fisheries) University of Washington, 1989 i B.A. (Aquatic Biology) University of California, Santa Barbara, 1984 i Years of Experience-21 i Primary Work Location-Redmond, Washington a American Fisheries Society, 1991, Member ® i Watershed Analysis, Washington State Department of Natural Resources, 1996 i National Environmental Policy Act Training, The Shipley Group, 2001 • Mr. Olson has over 21 years of experience working with Pacific salmon and trout resources in the Western states and Southeastern Alaska. He is interested in all aspects of the life history and ecology of Pacific salmon and trout with particular emphasis on their migratory behavior, population dynamics, and habitat requirements. He is experienced in assessing salmonid habitat condition and stock strength and the development of models useful for evaluating the existing or potential effects of natural resource use and management actions such as domestic water supply, timber harvest, mining, and hydroelectric development for Environmental Assessments (EAs) and Environmental Impact Statements (EISs), Sustained Yield Plans, Watershed Analysis, Federal Energy Regulatory Commission licensing, and Habitat Conservation Plans (HCPs) and Biological Assessments/Biological Evaluations (BA/BEs) required under the Endangered Species Act. Mr. Olson's responsibilities are primarily related to project management and task leadership for fish, aquatic, riparian, and water quality resources including planning, execution, database management, data analysis, and report preparation. He is skilled in the use of the Microsoft Office software suite including the development of Visual Basic routines for Word, Excel, and Access. Fish Population Studies: Analyzed various fish population metrics such as abundance (mark/recapture, capture depletion, catch per unit effort), length, weight, condition factor, size at age, fry emergence, and redd or spawner counts. Studies have occurred primarily in California (Mokelumne River) and Montana (Missouri River, Ennis Reservoir, Holter and Hauser Reservoirs) as part of hydroelectric licensing. Conducted statistical analysis to compare results among different stream reaches, lake areas and years and to correlate population metrics to physical stream parameters such as water temperature, flow, and fine sediment(fry studies). Developed custom database programs to maintain data and conduct analyses. Participated in data collection using scuba, emergence traps, and backpack, barge, and boat-based electrofishing systems to capture, count, mark, and measure fish. Modeling, Database Development, and Statistical Analysis: Participated in a team developing population models for spring Chinook salmon in four watersheds with the Willamette River basin using the Species Life-cycle Analysis Modules (SLAM) modeling platform developed by the NMFS. Developed scripts in the R statistical package for running WinBUGS (Bayesian analysis Using Gibson Sampling)and statistical analysis of Oncorhynchus Bayesian Analysis (OBAN) model results for spring and winter Chinook populations in the Sacramento River, California. Developed database structures and graphical user interfaces in MS Access for bibliographic and habitat survey databases. Developed an Excel implementation of fish bioenergetics modeling using Visual Basic for Applications (VBA)that incorporated Monte Carlo simulation to examine bioenergetics of juvenile Chinook salmon in the Sacramento River. The physiological equations used were R2 Resource Consultants, Inc. Page 1 Alan F. Olson, M.S. Modeling, Database based upon those in the Fish Bioenergetics 3.0 software package (a.k.a., the"Wisconsin Development and Model"). Experienced with developing applications and macros using Visual Basic and VBA Statistical Analysis (Access, Word, and Excel). Familiar with the development of R scripts for statistical analysis (continued) and the Groovy(Java) programming language. Hydroelectric Mr. Olson has participated in or led technical fisheries studies as part of the relicensing of Licensing existing hydroelectric projects in Oregon, Montana, and Washington and for application of a proposed project in California. Studies have included both riverine and reservoir habitats and utilized assessment techniques such as radio tracking, electrofishing, and gill nets to discern fish behavior, population trends, and demographics. Study responsibilities included planning, data collection and analysis, and report preparation. Mr. Olson recently participated in the completion of relicensing documents (Pre-application Document and Proposed Study Plans) for the Boundary Hydroelectric project in Washington State using the Integrated Licensing Process. In advance of preparing relicensing documents, he also managed development of an electronic and hardcopy project library including a user-friendly searchable database application. NEpA/SEPA Participated in the preparation of numerous EISs and EAs required under the National Environmental Policy Act and Washington State Environmental Act. Project roles have included fish and riparian task leader, interdisciplinary team leader, and deputy project manager. Mr. Olson has participated in all aspects of preparing NEPA and SEPA documents including summarization of scoping comments, preparation of public newsletters, development of alternatives to the proposed action, fieldwork, preparation of document chapters (including Purpose and Need and Alternatives), analytical sections (Affected Environment and Environmental Consequences), and response to comments. The types of federal and state decisions include federal hydroelectric dam operations and modifications, timber harvest on National Forest Service (NFS) lands (Alaska and Minnesota), road access on NFS lands, land exchange, prescribed burning on NFS lands (Minnesota), ski resort maintenance and re-development on NFS lands, habitat conservation plans, forest practices rules (Washington), and site restoration on National Park Service lands. Endangered Species Mr. Olson is currently working on or completed support on documents to meet the regulatory Act requirements of the Endangered Species Act. These include the development of a HCP for the City of Kent's Clark Springs Water Supply Facility a BE for the relicensing of Seattle City Light's Boundary Hydroelectric Project, a BE for on-going operations and construction of the Gorge 2nd Tunnel at Seattle City Light's Skagit Hydroelectric Project, a BE for a Pacific Gas and Electric transmission line, a BA for the Plum Creek Checkerboard Access Project, and BAs for the Stevens Pass Day Lodge Project and Stevens Pass Mill Valley Grading Project. Fish Behavior Utilized ultrasonic and radio tags to examine the migration behavior of adult Chinook salmon Studies and juvenile coho salmon in rivers and estuaries. Examined the behavioral effects of dummy tags on coho juveniles during forced swimming trials. Conducted data analysis, prepared reports, and co-authored papers for all studies. Analyzed recapture data from a traditional tagging study to examine resident fish movements among stream reaches. Collected site elevation data at a cascading falls in Idaho and analyzed the longitudinal profile relative to spring Chinook leaping abilities to determine if the falls were likely to act as a migration barrier. R2 Resource Consultants, Inc. Page 2 Catherine Morello f 2 Biologist ■ • B.S. (Marine Biology)Western Washington University, 1994 Years of Experience- 13 Primary Work Location-Redmond, Washington NAUI Openwater SCUBA Certification ® Adult CPR and Standard First Aid ® • Ms. Morello is an aquatic biologist with more than 13 years of experience directing and conducting biological sampling, habitat surveys, and other aquatic projects in freshwater and marine systems. In particular, she has specialized in monitoring aquatic habitat for salmonid presence and utilization. She is experienced in the taxonomic identification of marine, estuarine and freshwater fish, and invertebrates, and is proficient in underwater identification and enumeration of fish, particularly salmonids. Ms. Morello has completed several extensive literature searches and reviews, and has provided technical assistance in the development of habitat conservation plans, numerous baseline and project monitoring programs, and data management and analysis. Telemetry: Ms. Morello is experienced in the maintenance and operation of radio and acoustic telemetry equipment. In particular, she has assisted with juvenile Chinook radio tracking studies in the forebay to a hydroelectric facility on the Puyallup River, and with acoustic tagging of redband trout in the Klamath River basin, Oregon. Currently she is assisting with radio and acoustic tagging and tracking of over 200 native char, Chinook salmon, and cutthroat and rainbow trout in the greater Puget Sound basin. She is responsible for assisting with fish capture, surgical implantation of tags, subsequent fixed and mobile tracking efforts, and data management. Freshwater Biology: Ms. Morello has performed extensive fish population monitoring utilizing hook and line, snorkeling, backpack and boat electrofishing, and beach seining techniques. She is experienced in fish marking/tagging technology including the use of Passive Integrative Transponders (PIT), acoustic, radio, floy, and elastomer tagging techniques. She has performed detailed salmonid dissections in the field and laboratory for genetic and feeding habit assessment. Ms. Morello has identified salmonid spawning habitats and performed spawning surveys in numerous streams and river systems. In particular she has performed 6 years of spawning surveys on Goldsborough Creek, Washington in an effort to quantify salmon populations before and after the removal of an outdated dam. Ms. Morello assisted in field data collection and processing for computer mapping of several stream channels in order to assess instream flow needs. She has been responsible for inventory of large woody debris, spawning gravel, and areas containing juvenile salmonid rearing potential in many river systems. Ms. Morello has performed in-depth assessment of salmonid production utilizing fyke netting and emergent trapping on a Cedar River side channel in Washington. In addition, Ms. Morello has experience assessing invertebrate populations in the Deschutes River, Oregon, Madison River, Montana, and many Puget Sound streams and rivers. She has performed detailed summarization of existing literature concerning lamprey and whitefish life history and passage research. She has also performed an extensive literature review concerning spring-fed stream systems in relation to fish production. R2 Resource Consultants, Inc. Page 1 Catherine M. Morello Marine and Estuarine Ms. Morello has monitored dredging activities onboard U.S. Army Corps of Engineers vessels Biology as part of a study to determine effectiveness of bio-excluders on invertebrates, and the entrainment of fish by the dredge head. She was responsible for invertebrate and fish identification and enumeration. She has performed intensive beach seining to determine native char and salmonid utilization of the Chehalis and Duwamish river estuaries in Washington. She has participated in an acoustic and PIT tagging study to monitor the effects of high water temperature on the migration of Chinook salmon through the Lake Washington Ship Canal. Ms. Morello is experienced at determining age and life history of salmonids based on scale reading techniques. Habitat Assessment Ms. Morello has been involved in detailed qualitative and quantitative habitat surveys using a variety of assessment techniques, including surveying, habitat mapping, substrate, and invertebrate sampling. She has performed extensive inventories of stream channels, riparian vegetation, and aquatic habitat conditions for the U.S. Forest Service on a watershed-wide scale. Ms. Morello has conducted large-scale habitat mapping on 22 miles of the Cedar River, and over 18 miles of the Green River, Washington. She was responsible for obtaining and reviewing numerous habitat assessment protocols as part of the Tri-County urban issues salmon recovery effort in the Puget Sound region. Endangered/ Ms. Morello is currently studying the effects of reservoir drawdown on the adfluvial population Threatened/Sensitive of native char in Ross Lake, Washington. She has assisted with radio telemetry studies of Species Studies juvenile Chinook passage in a Puyallup River dam forebay and adult Chinook passage through the Lake Washington Ship Canal. She has extensive experience working with threatened native char populations in Puget Sound. Ms. Morello has also aided in the preparation and coordination of state and federal scientific collection permits for many projects. Multi-Species Habitat Ms. Morello assisted in the preparation of aquatic sections, including extensive review of data Conservation Flan on current salmon and trout populations, and their federal "Endangered Species Act' status. She has also assisted in the review of literature involving large woody debris input and depletion, buffer zone widths for water quality protection (stream side shade and sediment input), and stream temperature condition. Database Ms. Morello is responsible for updating and maintaining R2 Resource Consultant's in-house Management and library, which consists of over 3,000 cataloged fisheries related documents. In addition, she Analysis has compiled a reference library of habitat suitability curve information for Northwest streams and rivers. She is currently managing a large access database containing acoustic detection information from hundreds of tagged salmonids throughout Puget Sound. Computer Skills Experience includes Microsoft Word, Word Perfect, Excel, Lotus, Access, and ArcGIS. R2 Resource Consultants, Inc. Page 2 Adam D. Weybright, M.S. f 2 Fisheries Research Biologist i M.S. (Fisheries Science)Oregon State University, 2011 i B.S. (Minor in Ecology)Washington State University, 1997 i Years of Experience- 10 0 Primary Work Location-Redmond, Washington 0 American Fisheries Society • Mr. Weybright is a biologist with 10 years experience assessing the presence and habitat conditions of fish species listed under the Endangered Species Act. He has managed and supervised projects related to salmonid movement, biological monitoring, and habitat surveys and has participated in instream flow and habitat modeling studies. Mr. Weybright is proficient with data management and analysis, and report preparation. Fisheries Biologist Project Design: Conceived and developed research design and methods for graduate project located in Coos Bay, Oregon to identify juvenile coho salmon seasonal movement patterns and evaluate growth and survival rates in a coastal basin. Assisted with development of a study to quantify and isolate hourly flow effects of two hydroelectric projects, diurnal glacial meltwater, and runoff from precipitation on salmon redd dewatering in the Skagit River, Washington. Assisted with design of a study to describe bull trout movement, distribution and abundance in the Baker River basin, Washington Management. Managed employees infield and office settings; trained employees in fish capture, handling and sampling methods and data analysis techniques. Supervised coho salmon Life Cycle Monitoring project in two Oregon coastal basins; project objectives were to estimate freshwater and marine coho salmon survival by brood year in each basin. Freshwater Biology. Supervised capture and sampling of juvenile salmonids throughout a coastal basin using pole seine and electrofish methods during summer and winter. Managed operation of adult salmonid trapping using picket fences weirs and spawner surveys to estimate adult population abundance. Supervised operation of rotary screw traps to estimate coho salmon smolt population size. Coordinated five years of salmonid spawning surveys of a 32-mile reach of the Skagit River, Washington to determine the timing and distribution of spawning and evaluate the effects of natural flow fluctuations and hydroelectric dam operation on redd dewatering. Coordinated snorkel surveys in the Baker River basin to identify movement, distribution, spawn timing, and relative abundance of adfluvial, amphidromous and resident bull trout. Conducted mark-release-recapture study in the Baker River Basin to assess bull trout movement at the Baker Hydroelectric Project. Marked juvenile salmonids abdominally with passive integrated transponder (PIT)tags and externally with visually implanted elastomer (VIE)tags. Trained in acoustic and radio tag implantation. Managed construction, operation and maintenance of continuously functioning instream PIT antenna arrays located in freshwater and saline environments. Participated in mark-release- recapture study in McKenzie River, Oregon to evaluate juvenile Chinook salmon injury and mortality associated with operation of the Leaburg Dam fish screen. Assisted with investigations in the Cedar River Watershed, Washington to assess the effects of Chester Morse Lake level fluctuations on bull trout redd viability; assisted with bull trout spawning, creation of simulated redds, and monitoring of fry emergence. Assisted with capture and PIT tagging of juvenile Chinook salmon as part of a study to identify movement and survival of tagged fish in Lake Washington and the Sammamish River, Washington. R2 Resource Consultants, Inc. Page 1 Adam D. Weybright, M.S. Fisheries Biologist Estuarine Biology. Supervised estuarine sampling efforts using a large beach seine and (continued) small motor boat. Assisted with research to quantify salmonid passage and evaluate passage conditions through top-hinged and side-hinged tide gates. Constructed PIT antennas designed for use in estuarine and freshwater environments. Participated in efforts to identify native char utilization of the Chehalis River estuary in Washington using acoustic tagging and monitoring and intensive beach seining techniques. Habitat Evaluation and Monitoring. Assisted with pre-and post-construction monitoring of channel morphology and large wood in response to removal of a low dam and placement of engineered wood in the White River, WA. Monitored juvenile salmonid use of habitat restoration sites in the Duwamish River estuary in Washington with the use of fyke nets and mark-release-recapture methods. Organized field efforts to assess culverts as barriers in 22 streams in the upper Green River. WA. Participated in post-project monitoring of adult salmonid use of engineered wood jams. Conducted habitat unit surveys in various Washington and Oregon river systems. Participated in water quality monitoring in the White River and Lake Tapps, Washington. lnstream Flow and Habitat Modeling.. Participated in an IFIM study in the middle Skagit River, Washington below the Baker River confluence using Acoustic Doppler Current Profiler(ADCP). Completed data processing and assisted with analysis of scour risk in relation to salmonid spawning locations in the Skagit River. Participated in various other instream flow studies in Washington, Oregon, and Idaho. Data Management and Analysis Analyzed coho salmon movement based on over 100,000 data points using Microsoft Access and Excel. Estimated juvenile coho salmon population size using bootstrap calculations and adult spawner abundance with area- under-the-curve methods. Evaluated relationship between coho salmon growth rates in estuarine and riverine areas relative to habitat variables. Examined association between juvenile coho salmon winter survival and seasonal movement patterns. Experienced using relational databases and performing statistical analyses using SPlus, Program R (v2.12.1), and MARK. Experienced with ARCGIS tools to manage data and map study area. Permitting. Responsible for obtaining scientific collection permits from state and federal entities. Report Preparation andPresentatiorr. Timely preparation of Master's thesis following completion of data collection in March 2011. Completion of grant completion reports to the Oregon Watershed Enhancement Board. Presented masters research results at National and Oregon chapter American Fisheries Society meetings. Responsible for preparation of project reports relating to salmon spawning in the middle Skagit River and bull trout movement, distribution, and abundance. Presented middle Skagit River salmon spawning study results to Baker River Project Relicensing Aquatic Working Group. Management Wildlife Spotted Owland Marbled Murrelet CrewLeader, Managed northern spotted owl and Biology marbled murrelet survey crews in western Washington; responsible for survey design, surveyor training, quality control. Coordinated with WDFW staff to conduct joint survey efforts. Assisted with preparation of annual project reports Marine Biology Sampled catch of commercial fishing vessels as part of the NMFS Observer Program in Bering Sea and Gulf of Alaska to estimate size and composition of catch. Collected biological information and specimens from a variety of marine species. R2 Resource Consultants, Inc. Page 2 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: September 4, 2012 SUBJECT: Horseshoe Bend Levee Right-of-Way Dedication, S. 259th _ Authorize MOTION: Authorize the Mayor to sign a quit claim deed dedicating city owned property along S. 259th Street, 80th Avenue S. and S. 261't Street as right of way, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. SUMMARY: In order to complete the Horseshoe Bend secondary levee, several city streets will be reconstructed including, S. 259th Street, 80th Avenue S. and S. 261st Street. Portions of city-owned property will be dedicated as public right of way; thereby clarifying what is considered right of way versus City owned property. EXHIBITS: Quit Claim Deed & Vicinity Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None i WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: NE 1/4 Sec. 25 T 22 N R 04 E Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 3462800005, 0006600030, 0006600110 I Project Name: Horseshoe Bend Levee, Project No. 09-3005.3 MUNICIPAL QUIT CLAIM DEED The City of Kent, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation ("Grantee"), for right-of-way purposes, all its interest, including any after acquired title, in the following described real property situated in King County, Washington: SEE EXHIBIT(S) "A", "B" and "C" ATTACHED Municipal Quit Claim Deed Page 1 i GRANTOR: By: Its: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- ICI IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i APPROVED AS TO FORM: Name: Kent City Attorney P,\CiviIT..\QWI Claim Deed-ROW Dediee ion,Kein W Kent.doe Municipal Quit Claim Deed Page 2 N.E. SEC. 25 T. 22 N R. 04 E T.L.0006600109 ECONOMY FORMS I U) I a0 W I CORP. >W G: J a r01 ——————————————— wl z o T.L.0006600110 = NEW RIGHT OF CITY OFKENT l o l WAY (TYPICAL) o z ———J S.259TH ST I — � T.L.0006600030 CITY OF KENT � I I I Fp y� o � z IW 1 I e rn i z � / W z o a � = z m T.L.3462800005 CITY OF KENT S 261ST ST J / HORSESHOE BEND LEVEE KENT wne xixa. x S E I" — 150' EXHIBIT CITY OF KENT ENGINEERING DEPARTMENT DATE AUGUST 2012 Exhibit A Tax Lot0006600110 Right of Way Dedication That portion of Lots 2 and 3 of City of Kent Short Plat No. 77-30 (Pacific Refrigeration Short Plat), according to the short plat recorded under King County Recording Number 7802070643 described as follows: Commencing at the northwest corner of said Lot 2; thence S00017'12"E, along the west line of said Lot 2, a distance of 139.52 feet to the TRUE POINT OF BEGINNING; thence S89140'49"E 621.68 feet; thence N00040'00"E 147.14 feet to the north line of said Lot 3; thence N89037'11"E 2.00 feet to the northeast corner of said Lot3;thence southerly, along the east line of said Lot 3, to the southeast corner of said Lot 3; thence westerly, along the south line of said Lots 2 and 3, to the southwest corner of said Lot 2; thence northerly, along the west line of said Lot 2, to the POINT OF BEGINNING. Except those portions, if any, previously conveyed to the City of Kent for South 259`h Street. 9 ZQ 1Z Exhibit B Tax Lot0006600030 Right of Way Dedication That portion of the following described Parcel A lying northerly and easterly of the following described line: Commencing at the northwest corner of Lot 2, City of Kent Short Plat No. 77-30 (Pacific Refrigeration Short Plat), according to the short plat recorded under King County Recording Number 7802070643; thence S00017'12"E, along the west line of said Lot 2 and its southerly prolongation, 194.52 feet to the TRUE POINT OF BEGINNING of the herein described line; thence S89040'49"E 612.77 feet; thence S00040'00"W 359.34 feet to the south line of the Samuel W. Russell Donation Land Claim Number 41, in the northwest quarter of the northeast quarter of Section 25, Township 22 North, Range 4 East, W.M., in King County, Washington, and the terminus of the herein described line. Parcel A That portion of the Samuel W. Russell Donation Land Claim Number 41, in the northwest quarter of the northeast quarter of Section 25, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: BEGINNING at the intersection of the west margin of a County Road (801h Avenue South) which runs along the west side of the Northern Pacific Railroad with the south margin of another County Road (South 259`h Street), said point of intersection being 379.5 feet, more or less, north of the south line of the Russell Donation Claim, as shown in the plat of Horseshoe Acre Tracts to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County, Washington; thence south, along the west margin of said County Road, to the south line of the Donation Land Claim; thence west , along said south line, to the bank of the White River, now called the Green River; thence N21OW 336.6 feet; thence north along a line which would, if extended, run through a point 1370.16 feet south and 1,980 feet east of the northwest Corner of the Russell Donation Land Claim, to the south margin of the County Road (South 2591h Street) being west of the beginning; thence east, along said road margin, to the BEGINNING; Except that portion conveyed to King County by deed recorded under Recording Number 9301111332. V% p. lY� � y� y 'P;y c srlUR'At N4�J�,wA Exhibit C Tax Lot3462800005 Right-of-Way Dedication That portion of Lot 3, King County Short Plat No. 684072, recorded under Recording Number 8506240936, being a portion of Lots 1 and 2, Horseshoe Acre Tracts to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County, Washington, described as follows: BEGINNING at the northeast corner of said Lot 3; thence N89038'36"W, along the north line of said Lot 3, a distance of 10.00 feet; thence S00040'00"W 30.00 feet; thence N89020'00"W 10.00 feet; thence S00040'00"W 10.00 feet; thence S89020'00"E 10.00 feet; thence S00040'00"W 35.00 feet; thence S28125'31"W 44.58 feet; thence S69035'13"W 142.04 feet to the southwest line of said Lot 3; thence S64035'00"E, along said southwest line 81.48 feet to a point of tangency with a 70.00 foot radius, circular curve to the left; thence easterly and northeasterly, along said curve, through a central angle of 83044'50", an arc distance of 102.32 feet to a point on the east line of said Lot 3; thence N00040'00"E, along said east line, 172.19 feet to the POINT OF BEGINNING. p. 4f sns R�Ci• ..ST.E� 2 /7, KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: September 4, 2012 SUBJECT: Smith Street Left Turn Lane at Lincoln Avenue - Accept as Complete MOTION: Accept the Smith Street Left Turn Lane at Lincoln Avenue Project as complete and release retainage to Road Construction Northwest, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $593,880. The final amount paid was $593,879.90. SUMMARY: King County obtained a federal grant from the Puget Sound Regional Council (PSRC) for the Smith Street/Lincoln Avenue intersection improvements. A new left turn lane at the intersection of Smith and Lincoln as well as new curbs, gutters and sidewalks along Smith Street have been constructed; new street lights and street trees were also included. The project is now complete and ready to be accepted by the City. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The City received $659,841 of federal funding for the Smith and Lincoln Intersection Project. The project match, 13.5% was programmed in the 2011 sidewalk budget. KENT Agenda Item: Other Business — 8A TO: City Council DATE: September 4, 2012 SUBJECT: Consultant Services Agreement with BERK Consulting MOTION: Authorize the Mayor to sign consultant services agreement with BERK Consulting, subject to final terms and conditions acceptable to the Human Resources Director and the City Attorney. SUMMARY: In recognition of Resolution 1862, staff proposes hiring Berk Consulting as independent consultants to provide analysis of staffing, structure and services resulting in recommendations to generate further efficiencies as well as budget reductions. EXHIBITS: Scope of Work and Resumes of Consultants working on project. Exhibits to be provided prior to the Council meeting RECOMMENDED BY: Operations BUDGET IMPACTS: Phase 1 cost estimate at $20,000 to $35,000. Nil BERK ,TRArecv XWY515 1WNUNxA11on5 MEMORANIAM DATE: August 30, 2012 TO: Lorraine Patterson, City of Kent Chris Hills, City of Kent FROM: Michael Hodgins RE: City of Kent Efficiency Study, Proposed Scope and Budget Estimate Project Understanding At their July 3111 meeting, the Kent City Council passed a resolution which directed the mayor's office to "hire an independent consultant with experience in analyzing staffing, structure and services provided by city government in order to provide recommendations to generate further efficiencies in governmental operations, with the goal of reducing the city's annual budget." Over the past several years, the City of Kent has undertaken meaningful steps to reduce its total number of employees and increase productivity in response to reduced revenues that have resulted from the combined effect of several tax limiting measures and the impact of the recent recession and very slow recovery. At the same time, the City has been managing its response to increased demands for public services that have resulted from the recent Panther Lake annexation which brought an additional 25,000 residents and new revenues, including a 10-year annexation sales tax credit to support revenue shortfalls in this area. Given these significant, and still fluid shifts in both the city's revenues and demands for service, it is a good time to take a deeper look at the efficiency of city governmental operations and to determine how best to move toward a more robust, long-term fiscal balance. Based on our discussions and a review of the presenting challenges, we would propose the following phased approach to meeting the goals stated in the City Efficiencies Resolution, Phase 1. The objective of Phase 1 would be to conduct a situation assessment and identify possible efficiency measures. This phase would be focused on fact finding and presenting choices, options and preliminary implications. We would work collaboratively with the city to ensure that the options reflect the particular realities of the facing the organization and use the process to build a common understanding of the situation and the range of options that are available. The key elements in Phase 1 would include: 1. Assessment of the current cost and level-of-service situation at the City 2. An analysis of peer and neighbor jurisdictions to see how the City compares on a range of cost and revenue metrics 3. Identify possible opportunities to streamline the City's cost structure 4. Conduct an initial, high level assessment of impacts and tradeoffs implied by the options identified in step 3. Phase 2. The objective of Phase 2 would be to more fully analyze options identified in Phase 1, select the most effective options and develop a strategy to move forward. This phase would build on the common understanding of the situation and the options with the goal to develop a strategy and implementation plan. The plan would be developed collaboratively with staff, administration and Council to ensure that the opportunities and tradeoffs are well understood and the action steps have broad buy in from key stakeholders. It may be desirable to involve some community stakeholders as the plan takes shape to gain additional perspective on the choices and tradeoffs. } City of Kent Efficiency Study Proposed Scope and Budget The balance of this memo more fully describes the scope of work, schedule and estimated budget for Phase 1 of this effort. We believe that it is appropriate to hold off on detailed Phase 2 seeping until after the results of Phase 1 and there is a better idea of the range and potential scale of the options identified for further study. Phase 1 Scope of Work Task 1; Data Collection and Information Gathering The initial task is to quickly and efficiently gather the necessary data and relevant contextual information for the subsequent analytic tasks. This will include an initial kick off meeting and a series of interviews of key staff and policymakers. The data collection effort will also collect the base data to support the peer and neighbor analysis. Once we have notice-to-proceed, BERK will submit a list of data and document needs. Task 2: Situation ,assessment The principal analytic task in Phase 1 will be to develop a comprehensive situation assessment that looks at how the city is currently organized, its cost structure, the demands for city services, the current and desired levels-of-service and the cost drivers that are likely to have an impact on future cost growth. The assessment will also include a peer and neighbor analysis to provide useful context as to how the City of Kent compares to its peer and neighbor jurisdictions. • Peer and neighbor analysis. Working with the staff, BERK will identify the most appropriate peer and neighbor jurisdictions. For each, we will collect budget information and conduct a high-level assessment of key cost and revenue metrics. The metrics will be selected to highlight similarities and possible differences among the sample jurisdictions and the City of Kent in the areas of revenue policies, revenue yields, staffing levels, levels-of-service and other cost variables. • Assessment of current City Organizational Structure. BERK will review the City's current organizational structure with a particular focus on staffing levels, span of control issues and the relationships between direct service functions and indirect or internal service functions. • Cost and level-of-service analysis. BERK will review and analyze current and historical cost data with a focus on assessing cost efficiency and cost effectiveness of service delivery, trends in both demands for service and cost of service delivery and identification of key cost drivers, such as labor cost escalation and health and benefit costs. A key element of the cost analysis will be to identify where the city should be leveraging its fixed costs and maximizing its opportunities to benefit from economies-of-scale. Task 3: identify Cost Efficiency Opportunities Once there is a shared understanding of the city's current situation, BERK will identify potential cost efficiency and effectiveness opportunities, estimate potential cost impacts and identify possible impacts or tradeoffs associated with each. The task will involve direct collaboration with city staff, particularly as it relates to fully understanding the potential impacts or tradeoffs of any potential efficiency measure. • Identify cost efficiency opportunities. BERK will identify potential cost efficiency and/or cost effectiveness measures for review and discussion with staff. The measures will consider opportunities to streamline the city's organizational structure, make better use of potential economies-of-scale, or reducing costs through the application of technology or changes in levels- of-service. In addition, there may be opportunities that are primarily focused on managing cost growth as opposed to reducing the current baseline. • Estimate range of potential cost implications. BERK will estimate a range of potential cost implications of pursuing the each of the efficiency measures identified. The cost implications will be based on both an annual budget perspective and a longer-term outlook (likely 10 years). • Potential impacts and tradeoffs. To understand the implications of pursuing potential cost efficiency measures, it will be important to identify potential impacts and possible tradeoffs. City of Kent Efficiency Study ' Proposed Scope and Budget At this stage of the study, the analysis of costs and impacts will be high level assessments designed to provide appropriate context and to better understand the potential costs and benefits of moving forward on any one efficiency measure. It is expected that the options that are carried over to Phase 2 will be more fully analyzed as part of the selection of preferred options and the development of an implementation plan. Task 4: Process and Staff Engagement A key component of this effort will be to ensure that there is an efficient and transparent process for involving staff and city administration to facilitate information sharing and to ensure that the work is well grounded in the realities of current service delivery challenges. Toward this end, we propose a structured meeting process built around the following: • Executive team. We would propose the creation of an Executive Team comprised on the Mayor, the City Administrator and the Human Resources Director (also assumed to be the city's project manager for this effort) and other staff as necessary. The purpose of this group is to provide overall project direction and provide city policy perspectives throughout the study. We would anticipate meeting 3-5 times over the course of Phase 1. • Technical team. The Technical Team would likely be comprised of the Department heads who can assist with information and data needs and provide input on the technical aspects of the study throughout. It may be desirable to have some or all of the members of the Executive Team to participate in the Technical Team meetings as well. We would anticipate meeting 2-3 times with the Technical Team during Phase 1. Products and Deliverables The following products and deliverables are envisioned as a result of the Phase 1 work program: • Meeting materials. BERK will prepare meeting materials to support discussions at the Executive and Technical team meetings. Materials will general consist of presentation packets highlighting result of analyses and emerging findings and identifying issues for discussion. • Briefing packets and presentations. It is expected that there will be at least one Council briefing and possibly two. As such, BERK would be responsible for developing appropriate briefing materials and/or presentations for these meetings; • Draft Phase 1 Report. The results of these efforts will be documented in a Phase 1 report, which will present key findings and recommendations in a form that will be suitable for policy makers and the other stakeholders. More detailed technical documentation would be included as part of a technical appendix, including as appropriate supporting analyses, methodologies and other relevant materials that support the key findings and recommendations. • Final Phase 1 Report. The final report will reflect comments and input from staff on the draft. Schedule and Budget Estimate We understand that time is of the essence and that the City would like to have the results of this effort to inform other policy decisions later this year. As such we are prepared to begin as soon as the City provides a notice to proceed and will work with due diligence. Based on an assumed starting date sometime in the week of September 3, 2012, the following are the suggested key milestones for the Phase 1 study: • Kick off meeting: Week of Sept 3,2012 • Situation Assessment: Sept — Oct (draft findings week of October 8, 2012) • Cost Efficiency Opportunities: October(draft findings week of October 22, 2012) • Council Briefing on Draft Findings: week of October 29, 2012 • Draft report: week of November 12, 2012 • Final Phase 1 Report: Week of November 26, 2012 '�� ,:.�c.-a�� ,Y .- "ss"�u'.» { �^" '�` �'',�,yip' ---^x,-- �..�.ie. r"'.'��'�'y �1� 4. ••n? -:F; _._zT?�d�jx, ..w._...�« ,. .. _,.-., a- -. ^x - ..r,w•.�c.�-s.,. �,�.:'.. .,.a... .' .��-,-�•�=�.�" . ..:a�`t.s.., -, _ � ;.. ,. _�� � ; City of Kent Efficiency Study Proposed Scope and Budget Exhibit 1 summarizes the estimated level-of-effort and budget to accomplish the scope of work described above. We will also invoice for direct reimbursable expenses, including travel, printing, and telephone costs. Exhibit 1 Estimated Level-of-Effort and Budget Tasks Estimated Budget Task 1:Data collection and information gathering $4,560 Task 2:Situation Assessment $15,040 Task 3:'Identify Cost Efficiency Opportunities` '$8,560: Task 4:Process and Staff Engagement $9,080 Products and Deliverables : $5,840.' Subtotal Consultant Cost $43,080 li Project Expenses @"2%of project budget $650 Estimated Project Total $43,730 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 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES August 7, 2012 Committee Members Present: Les Thomas, Chair, and Jamie Perry The meeting was called to order by L. Thomas at 4:05 p.m. Excused Absence for Council President D. Higgins. 1. APPROVAL OF MINUTES DATED JULY 17, 2012 J. Perry moved to approve the Operations Committee minutes dated July 17, 2012. L. Thomas seconded the motion, which passed 2-0. Concurrence from Council President D. Higgins noted. 2. APPROVAL OF CHECK SUMMARY REPORT DATED JULY 1 — JULY 15, 2012 J. Perry moved to recommend the City Council approve the Check Summary Reports dated July 1 through July 15, 2012. L. Thomas seconded the motion, which passed 2-0. Concurrence from Council President D. Higgins noted. 3. KIVA SYSTEM UPGRADE (AUTHORIZE) Curt Ryser, IT Systems Manager, updated Committee Members that the KIVA system was initially installed in 1999. KIVA Systems was acquired in 2001 by Accela Automation. The City of Kent servers are older and minimal updating of these systems is mandatory to keep the system operational. In 2007 the City began looking for an upgrade to the KIVA system. In 2011 the city was ready to acquire the new system, but the downtown in the economy placed the acquisition on hold. Minimal upgrading is required and even minimal upgrades will still place the system behind current operational standards. The current owners of KIVA Systems will not be supporting these systems in the very near future. Before you today is a request to upgrade three core serves at a cost of $182,658 that will stabilize and hopefully keep the permitting system operational at the City of Kent for another 3-to-5 years. Motion by J. Perry recommending the City Council authorize the Mayor to sign all necessary documents to enter into agreements with independence enterprises, inc., Selectron Technologies, Inc., Hewlett-Packard, DLT Solutions and Active Networks required to upgrade the KIVA Permitting System subject to approval of the final terms and conditions by the Information Technology Director and the City Attorney in an amount not to exceed $182,658.17, including applicable state taxes. Motion seconded by L. Thomas. Motion passed 2-0. Concurrence by Council President D. Higgins noted. Operations Committee Minutes August 7, 2012 Page: 2 4. LIMITED TAX GENERAL OBLIGATION BOND REFUNDING ORDINANCE (APPROVE) Robert Nachlinger, Finance Director, asked the City Council to authorize issuance of the 2012 Refunding Bonds to annul the outstanding 2000 and 2002 Bonds. Staff recommends this transaction in order to save approximately $1.6 million over the remaining life of the 10 years of those bonds. Budget impact is a reduction in the debt service costs annually each year from 2012 through 2022. Total savings on this transaction is anticipated to be equal to or greater than 13% of the debt service cost. Motion by J. Perry, seconded by L. Thomas, recommending the City Council authorize issuance of the 2012 Refunding Bonds in an amount not to exceed $13,000,000 to refund the outstanding 2000 and 2002 Limited Tax General Obligation Bonds. Motion passed 2-0. Concurrence by Council President D. Higgins noted. S. JUNE FINANCIAL SUMMARY REPORT (INFORMATION ONLY) Robert Nachlinger, Finance Director, in reviewing the June financial report presented to the Operations Committee, expressed his concern with sales tax reports that came in lower than expected. Actuals are reporting $334,000 off in revenues and 6% under budget in sales tax year-to-date. While the City is currently under spending our budget, it is hoped that that will offset this decrease we are experiencing. Utility tax came in 1% under budget but those losses will hopefully be made up with permit fees, recreation fees, etc. Mr. Nachlinger did report that he will present a revenue forecast report to the Operations Committee at their August 21, 2012 meeting. J. Perry commented that sales tax revenue is coming in under the 2011 actual. The meeting was adjourned at 4:18 p.m. by L. Thomas. Patrick Briggs Operations Committee Secretary PUBLIC WORKS COMMITTEE Minutes of Monday, August 6, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph were present. Dennis Higgins was absent. The meeting was called to order at 4:06 p.m. Committee Chair Albertson noted that she had Committee member Higgins concurrence on all action items. Item 1 — Approval of Meeting Minutes Dated July 23, 2012: Ralph MOVED to approve the minutes of July 23, 2012. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 2 — Consultant Services Agreement/Jason Engineering — Materials Testing, Horseshoe Bend Levee: Construction Supervisor, Paul Kuehne explained that Public Works Engineering is contracting to construct a new levee along the Green River, east and west of Central Avenue South on South 259th Street. Work will involve the installation of steel sheet pile walls beneath a steel reinforced concrete flood wall. There will also be additional work which involves levee backfill material, concrete block retaining walls, new drainage facilities, a unique removable stop-log wall at apartment driveways, along with asphalt pavement and planting restoration. Kuehne further noted that services provided by Jason Engineering are unique and will be needed periodically for testing materials to insure they meet specifications and that excavation restoration and levee construction materials are compacted to the required density and moisture content. Materials analysis requires a laboratory with certified testing equipment that the City does not own. Jason Engineering and Consulting Business, Inc., a City of Kent business enterprise, has the required expertise. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $22,660.00 for materials testing and inspection services related to the Horseshoe Bend Phase II Levee Improvements, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 3 — Agreement/Medina Fund One LLC - South 228th Street Union Pacific Railroad Grade Separation Proiect: Public Works Director, Tim LaPorte noted that the City has been coordinating for some time with two property owners along South 228th adjacent to the future Union Pacific (UP) Grade Separation project; coordination includes working with property owners to ensure that any redevelopment of adjacent properties will accommodate our future corridor project. Over the past year Public Works staff has been working with Medina One Fund LLC to purchase property and mitigate driveway access issues that would be PUBLIC WORKS COMMITTEE Minutes of Monday, August 6, 2012 a result of the road raising; this agreement will close off the easterly driveway and pay to complete improvements to the property that will make way for the 228th/UP project. Ralph MOVED to recommend Council authorize the Public Works Director to sign the South 228th Street Overpass Agreement with Medina One LLC, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 4 — Information Only/Cross Connection Program: Environmental Conservation Supervisor, Kelly Peterson and Cross Connection Control Inspector John Sizemore gave an informative PowerPoint Presentation explaining the purpose of the Cross Control Connection Program. Peterson stated that formal cross connection requirements have been adopted into Kent City Code to meet state law. Codes are designed to protect the health of consumers receiving water from the City. Sizemore showed several photographs that depicted the benefit of a Cross Control Program, one example was an embalming station hooked up to a sink. Sizemore noted that there are 14,000 cross connections and 3,000 back flow assemblies in Kent; two inspectors and two temporary employees run the program. Back flow protection assemblies are required to be tested annually by a certified back flow assembly tester. Owners hire qualified contractors to complete the tests and submit annual reports to the City. A Water Use Survey is used to identify the highest potential hazards and prioritize required inspections. Through the inspection process, some businesses may be required to install devices that protect the municipal supply from domestic water supply lines and/or dedicated fire lines. Properties with more than one domestic water supply connection or business may be required to have multiple devices to protect the municipal water supply. No Motion Required/Information Only Item 5 — Information Only/Giant Sandbag Removal — Update: Environmental Conservation Supervisor, Kelly Peterson presented a brief PowerPoint Presentation giving a brief overview of why the sandbags where put in place and the progress that has been made to remove them. Peterson noted that in January 2009, a storm impacted the integrity of the Howard Hanson Dam which caused the Corps of Engineers to limit its storage capacity. As a result, the King County Flood Control District and the Green River Valley cities installed flood protection measures due to the increased potential of flooding from the Green River. Within the city of Kent over 18,000 giant sandbags were installed on top of nearly 12 miles of levees along the Green River. PUBLIC WORKS COMMITTEE Minutes of Monday, August 6, 2012 With the Howard Hanson Dam fixed and operating at full capacity, giant sandbags throughout the Green River Valley are being removed. Sandbag removal began on July 10, 2012, in Kent. As of July 27, 2012, the contractor had removed 6,749 sandbags and has averaged over 500 bags per day. Peterson demonstrated why the City couldn't sell or give away the sand used to fill the sandbags by bringing in two clear cups filled with sand, one contained construction grade sand and the other with sand that was taken from the site on the West Hill that was used to fill the sandbags. There was a distinct difference in the quality between the two, and the West Hill sand was not suitable for marketing. No Motion Required/Information Only Item 6 — Information Only/Water Source - Update: Interim Water Superintendent, Sean Bauer gave an informative PowerPoint Presentation outlining the City of Kent's Water Sources; where they are located, and what their functions are. No Motion Required/Information Only Item 7 — Information Only/Levee Update: Environmental Engineering Supervisor, Alex Murillo noted that Environmental Engineering Manager, Mike Mactutis and Mayor Cooke were attending a King County Flood Control District (KCFCD) Advisory Committee meeting to discuss the levees. Murillo went on to give a brief update on the status of our Levee's. He noted that Renton was told by the Corps that the Cedar River levees will be decertified and that Tukwila's portion of the Green River levee located off of 180th will also no longer be certified. The Corps is getting out of the business of certifying levees and will transfer the responsibility to local flood control agencies. Murillo went on to explain a bit about each reach of our levees. The City will be going back to the KCFCD to pursue funding for repair of the levees instead of purchasing property, which is what King County wants to pursue. No Motion Required/Information Only The meeting was adjourned at 5:14 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION