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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/05/2001 KENT W A 5 H I N 0 T 0 N PLANNING COMMITTEE COMMUNITY DEVELOPMENT November 5, 2001 Mike H. Martin,Deputy Chief Administrative Officer PLANNING SERVICES Fred N.Satterstrom,AICP Manager The City Council Planning Committee will meet in Council Chambers East, Kent Mailing Addres . City Hall, 220 4`h Avenue South, at 4:00 PM on Monday, November 5, 2001. 220 Fourth Ave.S. Kent,WA 98032-5895 Location Address. 400 West Gown Committee Members: Tom Brotherton Chair Judy Woods Tim Clark Kent,WA 9$032 � 3' Phone:253-866-5454 Fax:253-856-6454 Action Speaker Time 1. Approval of Minutes of October 1, 2001 YES 2. GMA Update Grant YES Charlene Anderson 20 min 3. Environmental Impact Statement— YES Charlene Anderson 20 min Planned Action Ordinance for Kent Downtown North Core The Planning Committee meets the first Monday of each month at 4:00 PM in Chambers East, Kent City Hall, 220 4" Ave. South, unless otherwise noted. For agenda information please call Jackie Bicknell at(253) 856-5712. ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY CLERK'S OFFICE AT(253)856-5725 IN ADVANCE. FOR TDD RELAY SERVICE CALL THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388. nin fining Committee Item#2 ENVIRONMENTAL IMPACT STATEMENT - PLANNED ACTION ORDINANCE FOR KENT DOWNTOWN NORTH CORE ACTION ITEM : Staff is requesting approv cof a budget not to exceed 'z tin the Mayor to negotiate$51 ,460 and authorization o and y enter into a contract based on the attached proposal by Huckell/Weinman Associates, Inc. for the Planned Action Environmental Impact Statement. 0 COMMUNITY DEVELOPMENT • Fred N. Satterstrom, Acting CD Director PLANNING SERVICES KEN T Charlene Anderson,Acting Manager WAS.I N G T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 30, 2001 TO: Chair Tom Brotherton and Planning Committee Members FROM: Charlene Anderson, AICP, Senior Planner RE: Environmental Impact Statement—Planned Action Ordinance for Kent Downtown North Core Enclosed is a draft contract, scope of work and estimated budget of $51,460 from Huckell/Weinman Associates, Inc. for a Planned Action Environmental Impact Statement ("EIS") for the Kent Station area. It is anticipated that the planned action document will be a Supplemental EIS to the Downtown Strategic Action Plan and Integrated Environmental Impact Statement that was completed in 1998. Planned Action ordinances are fairly new to Washington State and Huckell/Weinman has been on the forefront of the planning efforts in this area. The firm also is acceptable to the Langley/Tarragon/LMN team with whom the City is negotiating for the Kent Station development. According to the requirements of City of Kent Procurement Policy No. 1.1.7 and 1.1.8 and Kent City Code Section 3.70.050 and 3.70.060, staff is requesting approval of a budget not to exceed $51,460 and authorization for the Mayor to negotiate and enter into a contract based on the attached proposal by Huckell/Weinman Associates, Inc. for the Planned Action Environmental Impact Statement. CA\pm S:\Permit\Plan\kent station\200i\seis-weinman.DOC Enclosures— Consultant Services Contract Attachment A—scope of Work,Estimated Bud.-et,Project Schedule i COMMUNITY DEVELOPMENT • Fred N. Satterstrom, Acting CD Director PLANNING SERVICES KEN T Charlene Anderson,Acting Manager G r o Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 October 30,2001 TO: Mayor Jim White, Council President Leona Orr, and City Council Members FROM: Charlene Anderson, AICP, Senior Planner RE: Environmental Impact Statement—Planned Action Ordinance for Kent Downtown North Core Enclosed is a draft contract, scope of work and estimated budget of $51,460 from Huckell/Weinman Associates, Inc. for a Planned Action Environmental Impact Statement ("EIS") for the Kent Station area. It is anticipated that the planned action document will be a Supplemental EIS to the Downtown Strategic Action Plan and Integrated Environmental Impact Statement that was completed in 1998. Planned Action ordinances are fairly new to Washington State and Huckell/Weinman has been on the forefront of the planning efforts in this area. The firm also is acceptable to the Langley/Tarragon/LMN team with whom the City is negotiating for the Kent Station development. According to the requirements of City of Kent Procurement Policy No. 1.1.7 and 1.1.8 and Kent City Code Section 3.70.050 and 3.70.060, staff is requesting approval of a budget not to exceed S51,460 and authorization for the Mayor to negotiate and enter into a contract based on the attached proposal by Huckell/Weinman Associates, Inc. for the Planned Action Environmental Impact Statement. The Planning Committee is reviewing these materials at their November 51h meeting; their recommendation will be available at the November 6`h City Council meeting. CA\pm S:\Permit\Plan\kent station\2001\seis-weinmancc.DOC Enclosures— Consultant Services Contract Attachment A—scope of work,Estimated Budget,Project Schedule CONSULTANT SERVICES CONTRACT between the City of Kent and Huckeli/Weinman Associates THIS AGREEMENT is made by and between the CITY OF KENT, a Washington municipal corporation (hereinafter the "City"), and HUCKELL/WEINMAN ASSOCIATES organized under the laws of the State of Washington, located and doing business at 270 — 3`a Avenue, Suite 200, Kirkland, WA 98033, telephone number (425) 828-4463, attention Richard Weinman (hereinafter the "Consultant"). RECITALS 1. The City desires that the Consultant perform services necessary to provide consultation, advice, and alternatives to the City in the preparation of plans, specifications, and cost estimates for the Supplemental Environmental Impact Statement ("SEIS") for the Downtown Kent North Core Planned Action. 2. The Consultant agrees to perform the services more specifically described in the Scope of Work, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit"A"which is incorporated herein by this reference as if fully set forth. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: AGREEMENT I. Description of Work. Consultant shall perform all work as described in Scope of Work attached hereto as Exhibit "A." Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Payment. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed FIFTY ONE THOUSAND FOUR HUNDRED SIXTY AND N0/100 DOLLARS ($51,460.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work contracted for herein and described in Exhibit "A," and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section IV herein before reaching the maximum amount. The Consultant's billing rates shall be as delineated in Exhibit"A." B. The Consultant shall submit monthly payment invoices to the City after such services have been performed, and a final bill upon completion of all the services described in this Agreement. The City shall pay the full amount of an invoice within forty-five (45) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen(15) days from the CONSULTANT SERVICES CONTRACT- 1 (between City of Kent and HuckelllWeinman Associates) October 30, 2001 date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. • C. In the event the Scope of Work is modified or changed so that more or less work or time is required by the Consultant, and such modification is reached by mutual agreement of the parties to this contract, the payment for services and maximum contract amount shall be adjusted accordingly upon agreement of the parties. III. Duration of Work. The City and Consultant agree that work will begin on the tasks described in Exhibit "A" immediately upon execution of this Agreement. The parties further agree that the work contracted for herein shall be completed within the timelines established in Exhibit "A" for each identified task, with the entire project to be completed by April 9, 2002; PROVIDED, however, that additional time shall be granted by the City for excusable delays or extra work, as described in Section VI.(D)below. IV. Relationship of Parties. The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City, no agent, employee, representative or sub-contractor of Consultant shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. V. Place of Work. The Consultant shall perform the work authorized under this Agreement at its offices in Kirkland, Washington. Meetings with the City staff shall take place at the City's offices at 400 West Gowe, Kent, Washington, or at locations mutually agreed upon by the parties. VI. Termination A. Termination of Agreement If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten (10) calendar days after Consultant's receipt of the written notice by certified mail. B. Termination for Failure to Provide Services Bargained For. The Consultant agrees that it was hired by the City based on the Consultant's representation that employees identified in the Scope of Work, attached hereto as Exhibit "A," will be available to perform the services described in Section I for the duration of this Agreement. If any of the employees identified in the Scope of Work are unavailable to perform the services bargained for, for any reason, the City of Kent reserves the right to terminate this contract or renegotiate the amount of CONSULTANT SERVICES CONTRACT-2 October 30, 2001 (between City of Kent and Huckell/Weinman Associates) consideration. The consultant must immediately notify the City, in writing, if any employee identified in the Scope of Work is unavailable to perform the services described in Section I of this Agreement. Nothing in the foregoing language will alter the Consultant's independent contractor status. C. Termination for Failure to Prosecute Work or to Complete Work Satisfactorily If the Consultant refuses or fails to prosecute the work with such diligence as will ensure its completion within the time frames specified herein, or as modified or extended as provided in this Agreement, or to complete such work in a manner consistent with the standard of care in Consultant's profession, then the City may, by written notice to the Consultant, give notice of its intention to terminate the Consultant's right to proceed with the work. On such notice, the Consultant shall have ten (10) calendar days to cure, to the satisfaction of the City or its representative, or the City shall send the Consultant a written termination letter which shall be effective upon the Consultant's receipt of the written notice by certified mail. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise, and Consultant shall be liable to the City for any additional costs incurred by it in the completion of the Scope of Work referenced as Exhibit "A" and as modified or amended prior to termination. "Additional Costs" shall mean all reasonable costs incurred by the City beyond the maximum contract price specified in II(A), above. D. Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit "A." PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. E. Rights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. 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. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CONSULTANT SERVICES CONTRACT-3 October 30, 2001 (between City of Kent and Huckell/Weinman Associates) VII. Discrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such Consultant or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. 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. The provisions of this section shall survive the expiration or termination of this Agreement. IX. 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, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal • injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and CONSULTANT SERVICES CONTRACT-4 (between City of Kent and Huckell/Weinman Associates) October 30, 2001 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate.. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required),which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, 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 the required insurance policies. The Consultant's Commercial General Liability insurance shall 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. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. X. Exchange of Information. The City warrants the accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. The parties agree that the Consultant will notify the City of any inaccuracies in the information provided by the City as may be discovered in the process of performing the work, and that the City is entitled to rely upon any information supplied by the Consultant which results as a product of this Agreement. XI. Ownership and Use of Records and Documents. Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Kirkland, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the • City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. CONSULTANT SERVICES CONTRACT-5 (between City of Kent and Huckell/Weinman Associates) October 30, 2001 Any use or reuse of the documents, data and files created by Consultant for the City on this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XII. 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. XIII. 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 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 the satisfactory completion thereof. 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 such operations. XIv. Consultant to Maintain Records to Support Independent Contractor Status. On the effective date of this Agreement (or shortly thereafter), Consultant shall: A. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; B. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and C. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. XV. Work Performed at Consultant's Risk. Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder 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. XVI. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. XVII. Resolution of Disputes and Governing Law. Should any dispute, misunderstanding, or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the City, and the City shall determine the term or,provision's true intent or meaning. The City shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. CONSULTANT SERVICES CONTRACT-6 October 3Q 2001 (between City of Kent and HuckelUWeinman Associates) If any dispute arises between the City and Consultant under any of the provisions of this Agreement which cannot be resolved by the City's determination in a reasonable time, or if Consultant does not agree with the City's decision on the disputed matter,jurisdiction of any resulting litigation shall be filed in King County Superior Court, King County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, the prevailing party shall be entitled to compensation for all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this agreement. XVIII. 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 upon 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. XIX. Assignment. Any assignment of this Agreement by the Consultant without the written consent of the City shall be void. If the City shall give 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 the City's consent. XX. Modification. No waiver, alteration, or modification of any of the provisions of this 0 Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. XXI. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached hereto. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. 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. IN WITNESS WHEREOF,the parties below have executed this Agreement. CONSULTANT THE CITY OF KENT By By Jim White Its Its Mavor 0 DATE: DATE: CONSULTANT SERVICES CONTRACT-7 (between City of Kent and Huckell/Weinman Associates) October 30, 2001 APPROVED AS TO FORM: ATTEST: Kent City Attomey City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: HUCKELL/WEINMAN ASSOCIATES CITY OF KENT 270—3`d Avenue Suite 200 220—4`h Avenue South Kirkland WA 98033 Kent WA 98032 P.'CSitF11FSOgaFLi913YL101 W uOdl'a'nvweCeadm6eninadx CONSULTANT SERVICES CONTRACT- 8 (between City of Kent and Huckell/Weinman Associates) October 30, 2001 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 contract 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 contract to adhere to. An affirmative response is required on all of the following questions for this contract 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 contract; 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 contract 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 contract 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 contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, 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 , 2001. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-9 (October 29, 2001) 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 contracts 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 contract. 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- 10 (October 29, 2001) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. 1, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the contract 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 contract. Dated this day of , 2000. By: For: Title: Date: • EEO COMPLIANCE DOCUMENTS- 11 (October 29,2001) • ATTACHMENT A SCOPE OF WORK DOWNTOWN KENT NORTH CORE PLANNED ACTION EIS Project Background In response to a request for proposals from the City of Kent, Langly Properties has proposed a mixed-use urban village development in the vicinity of the Commuter Rail Station in downtown Kent. The City wishes to designate the proposed mixed-use area as a planned action, pursuant to authorization in the State Environmental Policy Act (SEPA, RCW 43.21C), implementing rules (WAC 197-11), and other provisions of state law (36.70B). The subject area is approximately the east one-half of the North Core district of the Downtown. The area is generally bounded by Meeker Street on the south, James Street on the north, Fourth Avenue on the west and the BNSF Railroad right-of-way on the east. • The Planned Action area has been addressed, to some extent, in existing plans, analysis and environmental documentation, including the following: ■ Commuter Rail Station Area Study, 2000 ■ Downtown Development Strategy and Impact Analysis, 2000. ■ Kent Water System Plan, 2000. ■ Kent Downtown Strategic Action Plan and Integrated EIS, (Draft and Final EISs), 1997 and 1998 ■ Kent Comprehensive Sewer Plan, 1998. ■ Kent Downtown Strategic Action Plan Market Analysis Update, 1998. ■ Kent Downtown Plan - Preliminary Market Analysis, 1996. ■ City of Kent Comprehensive Plan, 1995. • Kent Comprehensive Plan EIS (Draft and Final), 1994-1995. ■ Downtown Kent Parking Study, 1993 ■ Kent Downtown Plan Implementation Program, 1991. • Kent Downtown Plan Supplement, 1989 A Supplemental EIS (SETS) will be prepared to add to and augment the environmental analysis contained in these existing documents, and to satisfy SEPA's requirements for a planned action. 1 SEIS Scope of Work Huckell/Weinman Associates will be responsible for the tasks identified below. Alternatives. Three alternatives wilt be considered in the EIS. These include: (1) the master plan proposed by Langly Properties, Inc. and agreed to by the City; (2) Alternative E from the Downtown Strategic Action Plan: and (3) no- action. Analysis Time Horizon. Langly Properties has proposed development of the master plan area in four phases. Phase I is planned to be completed by the end of 2003. Although no specific timeline is established for the other phases, they are not precluded from being completed concurrent with the first phase. Kent's Downtown Strategic Action Plan anticipates development through 2010; this would provide a reasonable horizon year for the planned action. For the purpose of analysis, the EIS will evaluate potential i at completion of Phase I (end of 2003) and at the end of PhaqX III (2 MO assumed). The City will provide the consultant with estimates of deve o ent for each of the three alternatives for the years 2003 and 2010. Huckell/Weinman Associates will be responsible for preparing the EIS document, and for analyzing environmental impacts to land use, plans and policies and aesthetics. This will include reviewing/summarizing the input of other technical consultants, including analyses of transportation/parking, wetlands and public health issues. Huckell/Weinman Associates will not be responsible for contractual relationships or management of technical consultants. Major issues that will be considered in the planned action EIS include land use compatibility, relationship to plans and policies, aesthetics, transportation/parking, wetlands, and public health (soil contamination). Information in the EIS prepared for the City's Comprehensive Plan may be adopted or incorporated by reference as appropriate. As an initial project task, the consultant will review existing documentation for the study area to confirm that no additional elements of the environment require analysis. A contingency task/budget is included to accommodate potential inclusion of additional issues, should that be deemed necessary or desirable by the City. SEIS Substantive Issues • Land Use Compatibility. The land use analysis will compare and evaluate the amount, types, scale and pattern of uses proposed in the planned action with the existing land use pattern and with adjacent development. The focus will be on potential conflicts between uses, bulk and scale, particularly at the 2 . edges of land use districts. it is assumed that the City will provide basic quantitative information related to the development capacity of the proposal and alternatives (i.e., square feet of use by type) and will identify a typical building footprint. In addition, the City will calculate the quantity of development (by type) anticipated within the downtown and North Core sub- area in the Comprehensive Plan, and the amount that would be permitted by the planned action. Relationship to Plans and Polices. Major plans and policies that will be addressed include the federal Endangered Species Act, the state Growth Management Act, and the Kent Comprehensive Plan. The analysis will summarize the requirements of these plans/policies and discuss the relative consistency of the proposed action with them. Aesthetics. The overall aesthetic character of the sub-area will be described in terms of the quality of the urban environment, the design and character of existing buildings, and building height, bulk and scale. The degree and nature of changes encouraged by the proposal and alternatives wilt be discussed. The analysis will rely primarily on narrative descriptions, as supplemented by photographs of existing character; no photographic or computer simulations of future development character are proposed. • Transportation and Parkin. A consultant identified by and contracted with the City, will prepare the transportation analysis. Huckell/Weinman Associates will review and summarize the analysis for inclusion in the SETS. Wetlands. A wetlands report will be prepared by a technical consultant selected by the City. Huckell/Weinman Associates will review and summarize the analysis for inclusion in the SETS. Public Health. An analysis of potential contamination of sites identified by the City will be prepared by a technical consultant selected by the City. Huckell/Weinman Associates will review and summarize the analysis for inclusion in the SETS. Other EIS/Project Tasks The consultant's role in preparation of the planned action SEIS will involve drafting other sections of the document required by SEPA, including the summary, fact sheet, table of contents, and cover memo. We will also coordinate with the city and other technical consultants. Huckell/Weinman Associates will participate in up to two public meetings related to public comment on the SEIS as requested by the City. 3 • A formal scoping process is not required for a supplemental EIS; no scoping meeting or notice is assumed, therefore. We will assist the City in preparing a determination of significance. Contineency Issues: It is possible that additional environmental issues, beyond those identified above, may be deemed necessary or desirable to include in the SEIS. If desired, we could also assist the City with preparation of a determination of significance. Our budget includes a small "contingency" line item to accommodate such potential issues. Printinig/Graphics. The budget assumes that the consultant will print the preliminary (pre-publication) SEIS documents (Draft and Final) for internal review, and that the City will print and distribute the published SEISs. It is assumed that the only graphics necessary for the SEIS will be the alternatives, a land use/zoning map, sketches of the type of development anticipated in the planned action area (such as those included in Langly's proposal), and similar graphics; these will be provided by the City. • 4 Estimated Budget Task Hours Cost Draft SEIS Project management/coordination 50 $ 6,000 Meetings 20 2,400 Review of Existing Documents 8 960 Project description 40 41800 Misc. EIS sections (summary, fact sheet, etc) 30 37600 Land use compatibility 40 4,800 Plans Et policies 24 2,900 Aesthetics 32 31900 Transportation (summary) 12 17500 Wetlands (summary) 12 11500 Public health/contamination (summary) 12 1,500 Contingency 30 3,600 Preliminary Draft SEIS preparation/editing 24 22900 Draft SEIS preparation/editing 24 2,900 Printing 200 Misc. Expenses (travel, xerox, communication) 600 Subtotal Draft EIS $ 44,060 Final SETS Final EIS Estimate a 7,000. Total Budget $ 51,060 Notes: 1. Costs are estimated using an average hourly rate of$120. Billing rates (year 2001) for assigned staff range from $85 to $151 per hour. 2. Budget assumes that all necessary graphics will prepared and provided by the City. Assumes 1 preliminary Draft EIS/1 round of internal review and comment. 3. Prelim DSEIS Printing: assumes 25 copies of PDEIS, i volume, 100 pages@7 cents. Assumes City will print and distribute Draft SETS. 4. The level of effort and costs required to complete the Final EIS will depend primarily on the number and substance of comments received on the Draft. It is also possible that new alternatives and/or revisions to the proposal, could be identified. Our budget assumes that relatively few comments will be received and that a relatively modest level of effort will be required. 5. Budget does not include attendance or testimony at hearings or administrative or judicial appeals. 5 . Project Schedule The Draft and Final Supplemental EIS are planned to be completed within a six- month time frame. This estimate assumes that project information, technical reports, review of preliminary draft documents and other tasks over which the consultant has no direct control, can occur within a timeline jointly established by the City and consultant. Tasks Duration Dates Review existing documents/confirm SEIS 1 week October 22 - 26 scope Receive alternatives information from City by October 22 Prepare preliminary description of 1 week October 22 -29 proposal/alternatives City review/comment on description of 1 week October 29 - alternatives November 5 Prepare preliminary Draft SEIS sections 6 weeks October 29 - December 10 Receive technical reports - transportation, by November 19 wetlands, contamination (starts October 22) Submit preliminary Draft SEIS to City by December 10 City review/comment on Draft SETS 2 weeks December 10 -21 Prepare revisions to preliminary Draft SEIS 10 days Dec. 26 - Jan.10, 2002 Submit 2" preliminary Draft SEIS to City By January 10 Final review by City 3 days January 10 -14 Revisions by Consultant 4 days January 15 -18 Camera-ready Draft SEIS to City January 18 Draft SEIS printed and issued by City 4 days January 24 30-day comment period 30 days January 24- February 22 Receive public comments on Draft SEIS b February 25 Prepare preliminary Final SEIS 2 weeks Feb. 25 8- March Submit preliminary Final SEIS to City March 8 City review and comment 1 week March 11 -18 Prepare revisions to Final SEIS 1 week March 18 -25 Submit 2 nd preliminary Final SEIS to City March 25 Final review by City 3 days March 25 - 28 Revisions by Consultant 4 days March 29 - April 3 Camera-ready Final SEIS to City April 3 Final SEIS printed and issued by City 4 days April 9 6 ()ct 30 z Cri 1 tE AGENDA COVER SHEET FOR THE 11/05/01 NNING COMMITTEE MEETING (4:00 PM) + TITLE OF ITEM#1 GMA UPDATE GRANT ACTION ITEM: Staff is requesting that a recommendation be forwarded to City Council to approve a contract enabling the City of Kent to receive a GMA Update Grant. BACKUP MATERIAL: October 2& 9, 2001 letters from Office of Community Development and Attachment A - Scope of Work PRESENTER: Charlene Anderson, Acting Planning Manager TIME: 20 Minutes TITLE OF ITEM#2 ENVIRONMENTAL IMPACT STATEMENT-PLANNED ACTION ORDINANCE FOR KENT DOWNTOWN NORTH CORE ACTION ITEM: Staff is requesting approval of a budget not to exceed $51,460 and authorization ofr the Mayor to negotiate and enter into a contract based on the attached proposal by HuckelMeinman Associates, Inc. for the Planned Action Environmental Impact Statement. BACKUP MATERIAL: Consultant Services Contract and Attachment A - Scope of Work, Estimated Budget, 0 Project Schedule PRESENTER: Charlene Anderson, Acting Planning Manager TIME: 20 Minutes S:IPermilManOanning Committeew1105pc-cvrsht.doc 0 11/05/01 Planning Committee Item #1 GMA UPDATE GRANT ACTION ITEM : Staff is requesting that a recommendation be forwarded to City Council to approve a contract enabling the City of Kent to receive a GMA Update Grant. .0 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Acting CD Director • PLANNING SERVICES KEN T Charlene Anderson,Acting Manager WASHINGTON Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 October 30, 2001 TO: Chair Tom Brotherton and Planning Committee Members FROM: Charlene Anderson, AICP, Senior Planner RE: GMA Update Grant Enclosed are letters from the State of Washington Office of Community Development informing us that the City of Kent was awarded a total of$57,500 pursuant to our application for GMA Update Grant. The grant is contingent upon execution of a contract outlining the scope of work and deliverables. I have enclosed a draft scope of work including deliverables and time frame. Our original application estimated a budget of S750,000 for completion of the entire comprehensive plan update by December, 2002. The resources identified in the enclosed scope of work have decreased by $200,000 in anticipation of a different time frame for addressing the update of the Shoreline Master Program and issues related to the Endangered Species Act. Although the City of Kent still is required to complete a major update of our comprehensive plan next year, the scope of work and deliverables for the grant concentrate on specific critical areas amendments, transportation and natural resources. CA\pm S:\Permit\Plan\CompPlanAmdments\2001\GMA-UpdateGrantPC.doc Enclosures— October 2&9,2001 letters from Office of Community Development Attachment A—Scope of Work COMMUNITY DEVELOPMENT Fred N. Satterstrom, Acting CD Director PLANNING SERVICES KENT Charlene Anderson, AICP,Acting Manager W A s"'"G'°" Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 October 30, 2001 TO: Mayor Jim White, Council President Leona Orr, and City Council Members FROM: Charlene Anderson, AICP, Senior Planner RE: GMA Update Grant Enclosed are letters from the State of Washington Office of Community Development informing us that the City of Kent was awarded a total of $57,500 pursuant to our application for GMA Update Grant. The grant is contingent upon execution of a contract outlining the scope of work and deliverables. I have enclosed a draft scope of work including deliverables and time frame. Our original • application estimated a budget of $750,000 for completion of the entire comprehensive plan update by December, 2002. The resources identified in the enclosed scope of work have decreased by $200,000 in anticipation of a different time frame for addressing the update of the Shoreline Master Program and issues related to the Endangered Species Act. Although the City of Kent still is required to complete a major update of our comprehensive plan next year, the scope of work and deliverables for the grant concentrate on specific critical areas amendments, transportation and natural resources. The Planning Committee is considering these materials at their meeting of November 51h. Their recommendation will be available at the November 6th City Council meeting. CA\pm\S:\Permit\Plan\CompPlanAmdments\2001\GMA-UpdateGrant.doc Enclosures— October 2&9,2001 letters from Office of Community Development Attachment A—Scope of Work • Attachment A: Scope of Work City of Kent Contract # (to be provided by CTED) Project Title: GMA Update The GRANTEE is responsible for the preparation of all contract deliverables set forth below. The process and product shall be substantially consistent with the GRANTEE's grant application submitted to the Department for this round of funding and with the requirements of the Growth Management Act. Deliverables will be provided to the Department in electronic format wherever possible. At the Department's or the GRANTEE's request, deliverables may be provided in paper format. Project Description: The City of Kent proposes to review and update its comprehensive land use plan and development regulations according to RCW 36.70A.130(1), specifically completing update of the critical areas ordinance and transportation element. oilestones: t Quarter 2002 Critical Areas:Digitize hazard area maps Update wetland inventory maps Incorporate soils maps into comp plan maps Review zoning code regulations for hazard area development for consistency with Best Available Science—propose amendments as appropriate Review BMP's for sewer/water system and road maintenance for consistency with Best Available Science—propose amendments as appropriate Adopt Integrated Pest Management regulations consistent with Best Available Science Adopt stormwater management plan. 2°a Quarter 2002 Transportation: Inventory/describe state-owned facilities; relate to land uses (Commuter Rail?Freight railroad?) Inventory/describe locally-owned transportation facilities Estimate traffic impacts to all transportation facilities Identify LOS for state-owned facilities (Add definition of "urban"LOS for HSS?—LOS "D" for urban "C" for rural) Coordinate needs for state-owned facilities with DOT Determine relationship of state-owned facilities to other comp plan elements Update LOS standards for locally-owned arterials and transit; • coordinate with adjacent jurisdictions; coordinate with RTPO Review concurrency ordinance—concurrency not required for facilities of state-wide significance Review definitions section to ensure appropriate new terms are • defined. Review definition of public capital facilities/essential public facilities—include transportation facilities of statewide significance Update Projects and financing section (TIP/CIP) 3rd Quarter 2002 Natural Resources: Finalize consideration of agricultural lands, including TDR/PDR as appropriate Deliverables: March 31, 2002 Digitized hazard area, wetland and soils maps Draft Stormwater Management Plan Draft or Ordinance for BMP's for sewer, water& road maintenance Draft Integrated Pest Management Plan Draft Critical Areas Ordinance amendment June 30, 2002 Draft Transportation Element update, including inventory of and impacts to facilities of statewide significance September 30, 2002 Draft ordinance related to Agricultural lands, including TDR/PDR as appropriate 'Resources: July 1, 2001 —June 15, 2002: Salaries/Benefits $172,000 (4.5 FTE @ 4/5 of$215,000) Contracts 268,000 (4/5 of$335,000) $ 440,000 July 1, 2002 —June 15, 2003 Salaries/Benefits $ 43,000 (115 of$215,000) Contracts 67,000 (115 of$335,000) $ 110,000 Status Reports: brief status report on or about March 15, 2002 indicating progress-to-date and describing how the FY 2002 work items will be completed by June 15, 2002; a report on or about January 15, 2003, only if the GRANTEE has not completed their project. Close-out-Report: brief report (500 words or less) describing project accomplishments when project as specified in the scope of work is completed but no later than June 1, 2003. \\NY\USR\PLANNING\CANDER-1\USERDATA\DOC\GMA Scope of Work Format.doc • 6 STarg o w • STATE OF WASHINGTON OFFICE OF COMMUNITY DEVELOPMENT 906 Columbia St. SW • PO Box 48350 • Olympia, Washington 98504-8350 • (360) 725-2800 October 2, 2001 J C g I ty OCT 0 3 2001 Ms. Charlene Anderson CITY pp KEN-r Senior Planner PLANNING SERVICES` City of Kent 220 Fourth Avenue S Kent, Washington 98032-5895 Dear Ms. Anderson: Congratulations. The City of Kent has qualified for a GMA Grant to perform the review and update of your GMA documents in the amount of$50,000.00 (Please see the enclosed memo for an explanation of the distribution method and reporting standards). Since your requested or budget amount is greater than your reserved amount, we are also informing you that we will be making a decision on this additional funding by October 12, 2001. We will be sending a formal award letter to your mayor shortly. This Growth Management Grant is contingent upon the execution of an agreement between the City of Kent and the Department of Community, Trade and Economic Development. To accomplish this, we will need a scope of work that describes the tasks and products necessary for you to accomplish the project you applied for. To facilitate the contracting process, I recommend you use the enclosed "Scope of Work Format' to address the elements identified in the document. Additional elements could be added if necessary. The completed scope of work should be sent electronically to Matt Ojennus at the following email address: matthewo(d)-cted.wa.gov by Friday,November 3, 2001. If you do not have Internet access, please send the completed scope of work by mail on or before Friday, November 3, 2001 to Mr. Matt Ojennus, Assistant Planner Washington State Office of Community Development Growth Management Program PO Box 48350 Olympia, WA 98504-8350 As soon as we receive an acceptable scope of work, we will draft a contract based on your •application, incorporate more detail if necessary, and send it to you within two weeks for review. Ms. Anderson October 2, 2001 Page 2 You may start incurring costs against this grant now. However, if we are unable to come to • terms on a contract, we will not be able to reimburse you for these costs. If you wish to further discuss the scope of work, or if you have general questions about the Growth Management Grant program, please contact Ike Nwankwo at (360) 725-3056. Thank you for your commitment to good land use planning and the provision of local services to the citizens of Washington. We look forward to working with you. In Partnership, d Shane Hope Managing Director Growth Management Program Enclosures (2) I I a STATE OF WASHINGTON OFFICE OF COMMUNITY DEVELOPMENT 906 Columbia St. SW • PO Box 48350 • Olympia, Washington 98504-8350 • (360) 725-2800 October 9, 2001 Ms. Charlene Anderson Senior Planner City of Kent 220 Fourth Avenue S Kent, Washington 98032-5095 Dear Ms. Anderson: Recently you received a letter announcing that the City of Kent qualified for the GMA Update Grant, and that your grant application was being considered for any additional funding beyond the basic "reserve" amount. I am pleased to inform you that due to the excellent quality of your proposal, we are able to award the City of Kent a total of S57,500 pursuant to your GMA Update Grant application. This extra amount of additional funding was available because some jurisdictions did not apply for their"reserve" amount. The unclaimed funds are being distributed to other projects under the GMA Update Grant program. Since your application scored among the very highest, it qualified for a slightly larger share of the unclaimed funds than other applications. Getting a contract executed quickly is the best way to ensure that state funding will stay available for your project. I've asked my staff to be extra-responsive in helping you expedite this process. If you wish to further discuss the scope of work, or if you have general questions about the Growth Management Grant program, please contact Ike Nwankwo at(360) 725-3056. Thank you for your commitment to good land use planning and the provision of local service to the citizens of Washington. We look forward to working with you. In Partnership, / Jx Shane Hope Managing Director C Growth Management Program Li't V 1 240, p�NNNG S RAC FS LJ(ID i0