HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 09/15/2014 (3) 1
Public Works Committee Agenda
40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
�� KENT
Wns HINGTON
September 15, 2014
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Meeting Minutes for August 18, 2014 YES None 03 03
2. Information Only/South 2561h Street Construction NO Paul Kuehne 05 05
Progress Update Phil McConnell
3. South 252nd Street Public Right of Way Dedication YES Tom Brubaker 05 07
4. Consultant Agreement with Environmental Science YES Kelly Peterson 05 13
Associates for Wetland Mitigation Monitoring
5. LID 366/S. 2281h Union Pacific & S. 2121h Union Pacific YES Ken Langholz 20 31
& Burlington Northern Grade Separations - Resolution
of Intent
6. Information Only/2014 Residential Traffic Calming NO Kelly Peterson 05 41
Project
7. Solid Waste Utility Tax YES Kelly Peterson 15 43
8. Information Only/Drainage District No. 1 September NO Kelly Peterson 05 55
25, 2014 Board Meeting
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
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.
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Public Works Committee Minutes 3
August 18, 2014
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were
present. The meeting was called to order at 4:02 p.m.
Item 1 — Approval of Meeting Minutes Dated August 4, 2014:
Committee member Fincher MOVED to approve the minutes of August 4, 2014. The motion
was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 — Contract with Shannon & Wilson for County Road #8 Levee:
Design Engineering Supervisor, Kelly Casteel stated the SR 516 is the missing link between West Valley
Highway and the SR 516 Bridge over the Green River. Casteel state that projects receiving state or
federal monies are required to have a cultural resources report completed to comply with Section 106 of
the National Historical Preservation Act. The consultant will provide site reconnaissance and records
research that is needed to prepare a cultural resources report.
In order to submit to SEPA we must have the wetland survey, wetland delineation and biological
assessment reports completed. Shannon &Wilson, Inc. would perform these tasks.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Shannon &Wilson, Inc., in an amount not to exceed
$21,537 to perform wetland mitigation, biological evaluation and cultural resources study for
the County Road #8 Levee Project, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director. The motion was SECONDED by Committee member
Fincher and PASSED 3-0.
Item 3 — Condemnation Ordinance — Briscoe/Desimone:
Design Engineering Supervisor, Kelly Casteel noted that the City of Kent has an interlocal agreement
with the King County Flood Control Zone District ("District") and the City of Tukwila for reconstruction of
the Briscoe-Desimone levee improvement project. The District and the City desire to construct the
project as soon as possible because the Desimone levee was damaged this past March.
The Desimone levee project requires acquisition of property rights from three properties, Cascade
Tukwila LLC and River Point Two LLC. Property negotiations are underway and the City will continue
working toward an agreement with the owners. Authorization to condemn is sought to be prepared if
the time comes that negotiations stall. Casteel noted that staff is finalizing offers to purchase.
Committee member Fincher MOVED to recommend Council adopt a Condemnation Ordinance
for obtaining property rights along the Green River to complete levee improvements for the
Briscoe-Desimone Levee, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 4 — PSE Construction Agreement - James Street/Upper Russell Road Levee:
A brief PowerPoint presentation was given by Environmental Engineering Supervisor, Alex Murillo. Murillo
noted that Council approved a construction contract for this project on July 15, 2014. The focus of the
project is to construct a portion of the South Reach Levee adjacent to the James Street and Russell Road
intersection. The intersection will be setback further away from the Green River and a concrete retaining
wall will be constructed along the Public Works Operations facility to reduce impacts to the site.
In order to perform the above described work, existing overhead Puget Sound Energy (PSE) lines will
need to be relocated underground. The work will be completed in phases. Kent's cost share for PSE's
1
Public Works Committee Minutes 4
August 18, 2014
work in 2014 is estimated to be $47,800 which is included in this agreement. Kent's shared cost for
PSE's work in 2015 will be provided separately.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the
Puget Sound Energy Project Construction Agreement to relocate existing utilities for the
James Street/Russell Road Realignment Project, as approved by the City Attorney and Public
Works Director, and to ratify and affirm any act consistent with the authority and prior to the
effective date of this authorization. The motion was SECONDED by Committee member
Fincher and PASSED 3-0.
Item 5 —Interlocal Agreement — 2771h Street Corridor Auburn/Kent:
Design Engineering Manager, Mark Howlett explained that this project abuts the corporate limits of Kent,
Auburn and King County and included a new roadway connecting Auburn Way North with Kent Kangley
Road and a new bridge over the Green River. Kent finished their section of the S. 2771h Street Corridor
project 15 years ago.
The City of Auburn recently received a Transportation Improvement Board grant and is now ready to
complete their portion of the corridor. The attached Interlocal Agreement spells out the terms of an
agreement between the Cities regarding revisions to the city limits, final lane configuration, and use of
Kent's wetland mitigation site and disposition of an existing traffic signal.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the City of Auburn for the South 277th Street Corridor Project,
subject to final terms and conditions acceptable to the City Attorney and the Public Works
Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 6 — Information Only/SE 2401h Street Slope Stabililzation, Guardrail & Restoration
Proiect:
Design Engineering Manager, Mark Howlett noted that this matter was brought before the Public Works
Committee on June 16, 2014, and at that time staff was given authorization to proceed ahead and
award a contract for a retaining wall fix, for up to $700,000.
The design work was completed by a geotechnical firm and a structural firm and put out for competitive
bids. Four competitive bids were received on August 14, 2014 the low bid was received from Northwest
Cascade Inc. in the amount of $562,676.00. Northwest Cascade Inc. was notified that their bid was
accepted and that the Mayor will sign the contract once all insurance and other contract documents have
been received.
Because of the size of equipment needed to install the retaining wall it will not be possible to keep the
road open during the reconstruction and it will need to be closed during the two month construction
period. A public information plan has been prepared to notify residents, commuters, the school district,
etc. of the closure period.
No Motion Required/Information Only
The meeting was adjourned at 4:34 p.m.
Cheryl Viseth
Council Committee Recorder
2
5
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/South 256th Street Construction Progress
U pdate
Item - 2
Motion:
No Motion Required/Information Only
Summary:
The 256th Street project on East Hill was recently overlaid with the final layer of
asphalt overly. We are pleased with the result.
Construction Administration staff will provide a brief update to the Committee on the
construction progress and the budget.
Exhibits:
N/A
Budget Impact:
None
6
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7
LAW DEPARTMENT
\ � Tom Brubaker, City Attorney
v KtNT Phone: 253-856-5770
. . ..... Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 15, 2014
TO: Public Works Committee
SUBJECT: South 252nd Street Public Right-of-Way Dedication — Authorize
Item - 3
MOTION: Move to recommend the Mayor sign the Municipal Quit Claim Deed
dedicating city-owned property as City right-of-way for a portion of South 252""
Street formally part of the Old Fire Station Park parcel, located at 3536 South
252"d Street, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY:
In the process of selling the Old Fire Station Park parcel located at 3536 South 252nd
Street, the survey department found that the south thirty (30) feet of the parcel extends
into South 252nd Street and is currently being used as part of the public right-of-way.
This city-owned property must be dedicated as public right-of-way to preserve the city's
interest in the roadway.
Exhibits:
Municipal Quit Claim Deed, including legal description; map showing extension of parcel
into South 252nd Street
Budget Impact:
None
adeSI... o F ,um.e o,s
8
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9
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Engineering/Property Services
Grantor: City of Kent, a Washington municipal corporation
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: THAT PORTION OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY WASHINGTON.
Additional Legal Description on Exhibit A of Document.
Assessor's Tax Parcel ID No. 2222049111
Project Name: Old Fire Station Park
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 "A" ATTACHED
10
GRANTOR:
By: Suzette Cooke
Its: Mayor
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent 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 8ox-
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
APPROVED AS TO FORM:
Name:
Kent City Attorney
P VCivilAFiles Opm FileeA1779-Old Fve SlatiouAMuuicipel Qua Cleve Deed doc
11
EXHIBIT A
RIGHT OF WAY DEDICATION
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS:
THE SOUTH 30.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF MILITARY ROAD (36TH
AVENUE SOUTH), SAID ROAD BEING 60.00 FEET IN WIDTH, AND THE SOUTH LINE OF
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
WESTERLY, ALONG SAID SOUTH LINE, 200.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING WESTERLY, ALONG SAID SOUTH LINE, 70.00 FEET;
THENCE NORTHERLY, PARALLEL TO SAID WEST MARGIN, 130.00 FEET; THENCE
EASTERLY, PARALLEL TO SAID SOUTH LINE, 70.00 FEET; THENCE SOUTHERLY,
PARALLEL TO SAID WEST MARGIN, 130.00 FEET TO THE POINT OF BEGINNING.
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13
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 11, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Matt Knox, P.W.S., Environmental Ecologist
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Agreement with Environmental Science Associates
2014-2017 Wetland Mitigation Monitoring
Item - 4
Motion: Move to recommend Council authorize the Mayor to sign a
consultant services agreement with Environmental Science Associates in an
amount not to exceed $62,113.75 to conduct 4-years of wetland monitoring
and prepare monitoring reports for the S. 228th St. Extension, Upper
Johnson Creek and Meridian Valley Creek Enhancements Projects, subject
to terms and final conditions acceptable to the City Attorney and the Public
Works Director.
Summary: When critical areas such as streams or wetlands are impacted or enhanced,
permits require monitoring of the mitigation area for up to 10 years. Several city
projects are in the monitoring phase including the 228th Street Extension, Johnson
Creek Restoration and the Meridian Valley Creek Enhancement Projects. The 228th
Street Extension project includes four mitigation sites.
Environmental Science Associates will complete the required monitoring for each
location over the next 4 years and prepare the necessary reports, including maps and
figures for staff to review. The reports will be submitted to applicable agencies to meet
permitting requirements.
The proposed prices that ESA has submitted include: $12,122.55 to perform one final
year (Year 10) of monitoring at the S. 228th mitigation sites, $21,406.15 to perform
Year 2, 3 and 5 monitoring at Johnson Creek, and $28,585.05 to perform Year 2,3,4
and 5 monitoring at Meridian Valley Creek.
ESA has a working familiarity with these sites: they prepared the monitoring reports for
these sites in 2013. This proposed 4-year contract will "lock-in" prices and
streamline contract administration costs.
Exhibit: Consultant Services Agreement with Environmental Science Associates
Budget Impact: No additional unbudgeted funds will be required. The contract will be
paid through the Stormwater Utility Fund.
14
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15
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Environmental Science Associates
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Science Associates organized under the laws of the
State of California, located and doing business at 5309 Shilshoe Ave. NW, Suite 200, Seattle, WA
98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall monitor three wetland mitigation projects for the city (S.
228th Street Extension, Upper Johnson Creek Restoration, and Meridian Valley
Creek Enhancement). For a description, see the Consultant's Scope of Work which
is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by April 15, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Two Thousand, One Hundred Thirteen Dollars and seventy five cents
($62,113.75), 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)
16
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)
17
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)
18
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)
19
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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Michael Muscari Timothy J. LaPorte, P.E.
Environmental Science Associates City of Kent
5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South
Seattle, WA 98107 Kent, WA 98032
(206) 789-9658 (telephone) (253) 856-5500 (telephone)
(206) 789-9684 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
E5 -Wetl and MI[Monitoring 20142017/Knox
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
20
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
zi
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
zz
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
23
5309 Shilshole Avenue NW 4sy:4.ewroc.aini
Suite 200
Seattle,WA 98107
206.78a9658 phone
206.789.9684 C,,x
City of Kent
2014 — 2017 Wetland Mitigation Monitoring
Scope of Work
Environmental Science Associates(ESA)has prepared this scope of work to conduct monitoring of three wetland
mitigation projects in the City of Kent, Washingtom This scope is divided into three tasks for each monitoring
project. Monitoring work will occur in 2014—2017 and will be billed on a time and materials basis.
A detailed Scope of Work is provided below.Mitigation project descriptions are from mitigation plans and
monitoring plans provided by the City. The cost estimate is also attached to this Scope of Work.
TASK 1—SOUTH 228Tn STREET EXTEiySION
Wetland mitigation for the South 228,1,Street Extension project was conducted at four separate sites,totaling
17.1 acres, The four sites are referred to as Birk,Dori Russell Road, and Kentview PUD sites. Years 1,2,3,
and 5 monitoring were conducted by others;Year 7 monitoring was completed by ESA in 2013; and Year.10
monitoring is required in 2016.This scope of work includes Year 10 monitoring only.
i
T'wo ESA wetland biologists will conduct monitoring at each of the four mitigation sites listed above. Site work
will include vegetation monitoring plots, soil observations,and notes on general wildlife habitat features as
described in the Year 7 monitoring report. We will also make observation on wetland hydrologic indicators,,
although the primary source for site hydrology will be the monitoring well data that the City is collecting weekly.
Photographs will be taken at each site and included in the report to provide further documentation of site
conditions.
Deliverables: ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within
three weeks of completing site work.
Assunu ptions:
I
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• The City will provide documentation of maintenance actions (weeding,replanting,etc.)taken on each
site since the Year 7 monitoring was completed.
I
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i
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I
24
• Site monitoring will be conducted late in the 2016 growing season(Aug-Sept).
• Site monitoring can be completed by two staff in three days.
• 'The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost'Task 1: $12.122.55
TASK 2—UPPER J OHNSO N CREEK RESTORATION
I
The Upper Johnson Creek Restoration site was constructed in 2011.ESA conducted Year 1 monitoring in 2013.
Under this task,ESA will monitor the site as required dining Year 2(2014),Year 3 (2015),and Year 5 (2017).As
described in the Restoration and Wetland Mitigation Plan(revised February 2010) and shown on Phase IJ Plan
Sheet set(dated 8/4111)the mitigation area includes 0.14 ac of wetland creation and 0.59 ae of wetland
enhancement.Monitoring parameters include hydrology and vegetation cover.
Deliverables.ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within
three weeks of completing site work.
Assumptions:
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted once late in the growing season of each monitoring year(Aug-Sept).
• Site monitoring for each year can be completed by two staff in one day. j
• Stream channel monitoring is not included in this task.
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit
•
authorities.
Cost Task 2: $21,406.15
TASK 3—MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT
The Meridian Valley Creels Enhancement Project was constructed in 2012. Permit conditions include vegetation
and stream channel monitoring and monitoring reports due by November 1 for five years after project completion.
ESA conducted Year 1 monitoring in 2013. Under this task,ESA will monitor the site as required during Year 2
(2014),Year 3 (2015), Year 4(2016), and Year 5 (2017).
25
ai�"�i �
Deliverables. ESA will deliver an electronic copy(pdf file) and one hard copy of the monitoring report within
three weeks of completing site work.
Assunxptions:
• The City will arrange for permission to access the private property(Meridian Valley Country Club)that
the project is located on.
• The City will provide hydrologic monitoring;data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted only once late in the growing season of each year(Aug-Sept).
• Vegetation and stream channel monitoring for each year can be completed by two staff in one day.
i
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost Task 3: $28,585.06
SCHEDULE:
I
• ESA will prepare monitoring equipment and finalize methods with City staff within two weeks of
receiving a signed contract.
• The field work for Tasks 1—3 will be conducted in August and September of the specified years.
• ESA will deliver monitoring reports to the City for Task 3 by October 18 and for Tasks 1 and 2 before
November 15 of each monitoring year so that the City can submit to review agencies by the deadlines
specified in the mitigation plans.
Total Cost of Contract: $62,113.75
I
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26
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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.
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.
29
EXHIBIT B (Continued)
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.
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.
30
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31
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH N G r o N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 26, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Ken Langholz, Engineering Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: LID 366 — S. 228th Union Pacific and S. 212th St. Union Pacific and
Burlington Northern Grade Separations - Resolution of Intent
Item — 5
Motion: Move to recommend Council adopt a Resolution of Intent setting
a public hearing date on the formation of Local Improvement District 366, subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director.
Summary: The City of Kent has been successful over the years in obtaining grant funding
for our grade separation projects. We have completed the S. 228th Street BNSF grade
separation and have been assembling a funding package for the S. 228th UP and the S. 212th
BN and UP grade separations. During its March 2014 meeting, the Washington State Freight
Mobility Strategic Investment Board (FMSIB) requested assurances from the City that grant
money will be spent in the near term or the city would be in jeopardy of losing it. This would
result in the loss of roughly $22 million in FMSIB and other associated grant funds.
While Engineering staff has continued researching options for funding these grade separation
projects, we are still short of a complete funding package.
One option for completing these projects is a local improvement district (LID). We recently
contracted with a real estate appraiser to conduct a detailed evaluation of the potential
increase in value ('special benefit') to properties located in the vicinity of the proposed grade
separations. This evaluation indicated that a substantial special benefit would be realized by
properties in the warehouse/industrial area, and that Council could form an LID to keep the
grade separation projects moving toward completion.
A funding package, including the formation of an LID, was presented to FMSIB at its May 30,
2014 meeting. Based on this information, the board granted us an extension until November
2014 to provide them a guarantee that all funds are available and that the City is moving
forward with completion of these projects.
Exhibits: Resolution No. Resolution of Intent
Budget Impact: Work completed to date in support of LID formation has been funded
through savings from unfilled, budgeted positions. If the LID is formed, costs to complete
the LID will be included in the LID assessments.
32
This page intentionally left blank.
33
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring its intention to
order the construction or installation of railroad
grade separations at the South 228th Street Union
Pacific Railroad tracks, South 212th Street Union
Pacific Railroad tracks, and the South 212th Street
Burlington Northern Railroad tracks, including
overpasses, underpasses, bridges, curbs, gutters,
sidewalks, driveways, street lighting, landscaping,
erosion control, utility relocation, storm water
management facilities, and necessary
appurtenances, and to create a local improvement
district to assess a part of the cost and expense of
carrying out those improvements against the
properties specially benefited thereby, and notifying
all persons who desire to object to the
improvements to appear and present their
objections at a hearing before the City Council to be
held on October 21, 2014.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. It is the intention of the City Council of the City of
Kent, Washington, to order the improvement of the properties within the
area described in Exhibit A, attached hereto and by this reference made a
part hereof, by the construction and installation of railroad grade separations
at the South 212th Street Union Pacific Railroad tracks, South 212th Street
1 Resolution of Intent
LID No. 366
34
Burlington Northern Railroad tracks, and South 228th Street Union Pacific
Railroad tracks. This work may include the construction of overpasses,
underpasses, bridges, curbs, gutters, sidewalks, driveways, street lighting,
landscaping, erosion control, utility relocation, storm water management
facilities, and necessary appurtenances all relating to the overall project as
more fully described in Exhibit B, attached hereto and by this reference
made a part hereof.
All of the foregoing improvements shall be in accordance with the
plans and specifications therefor prepared by the Public Works Director of the
City and may be modified by the City as long as that modification does not
affect the purpose of the improvements.
SECTION 2. The total estimated cost and expense of the
improvements is declared to be approximately $79,000,000, approximately
$8,435,009 of that cost and expense shall be paid by the City,
approximately $16,500,000 of that cost and expense shall be paid by
grants, and the balance thereof (an estimated $54,064,991) shall be borne
by and assessed against the property specially benefited by the
improvements to be included in a local improvement district to be
established. The local improvement district is to include as nearly as
practicable those properties specially benefited by the improvements.
Actual assessments may vary from estimated assessments so long as they
do not exceed a figure equal to the increased true and fair value the
improvements add to the property.
2 Resolution of Intent
LID No, 366
35
SECTION 3. The City Clerk is authorized and directed to give notice
of the adoption of this resolution and of the date, time and place fixed for
the public hearing to each owner or reputed owner of any lot, tract, parcel
of land or other property within the proposed local improvement district by
mailing such notice at least fifteen days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the
rolls of the King County Assessor at the address shown thereon, as
required by law.
This resolution also shall be published in its entirety in at least two
consecutive issues of the official newspaper of the City, the date of the first
publication to be at least 15 days prior to the date fixed for the public
hearing.
SECTION 4. All persons who may desire to comment in support of
or object to the improvements are notified to appear and present those
comments or objections at a hearing before the City Council to be held in
the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on
October 21, 2014, which time and place are fixed for hearing all matters
relating to the improvements and all comments thereon and objections
thereto and for determining the method of payment for the improvements.
All persons who may desire to object thereto should appear and present
their objections at that hearing. Any person who may desire to file a
written protest with the City Council may do so within 30 days after the
3 Resolution of Intent
LID No, 366
36
date of passage of the ordinance ordering the improvements in the event
the local improvement district is formed. The written protest should be
signed by the property owner and should include the legal description of
the property for which the protest is filed and that protest should be
delivered to the City Clerk.
SECTION 5. The City's Public Works Director is directed to submit
to the City Council on or prior to October 21, 2014, all data and
information required by law to be submitted.
SECTION 6, Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this 16th day of September, 2014.
CONCURRED in by the Mayor of the City of Kent this 16th day of
September, 2014.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
4 Resolution of Intent
LID No, 366
37
TOM BRUBAKER, CITY ATTORNEY
5 Resolution of Intent
LID No, 366
38
Exhibit A
L.I.D. Boundary
LID 366 - Railroad Grade Separations
All
,
... �� ... ) '....Il,p
■
...ti ! j ..._� �I ........
�...� LID 3651Bmwnidmry I, • ,
w
6 V
1 I ! I
iJgI I A
� 1
I � �u�a
�,•�«a.�.x Boundary IMm�p
LID 366-21'..26hd 228th�rsde�epa�tiian
A-1 Exhibit A to Resolution of Intent
LID No. 366
39
Exhibit B
Description of Improvements
LID 366 — Grade Separations at S. 212th and S. 228th Streets
The overall project limits for Project are along S. 212th Street at the Union Pacific
and Burlington Northern railroad crossings and along S. 228th Street at the Union
Pacific railroad crossing. The improvements include but are not limited to:
• Grade Separation by overpass or underpass of the S. 212th Burlington
Northern Railroad
• Grade Separation by overpass or underpass of the S. 212th Union Pacific
Railroad
• Grade Separation by overpass of the S. 228th Street Union Pacific Railroad
• Installation of new road or railroad bridges
• Installation of cement concrete sidewalks, curbs and gutters.
• Installation of driveways
• New roadway pavement section
• Storm drainage system with detention and treatment facilities
• Relocation and adjustment of existing utilities and other improvements such
as fire hydrants, manholes, water meters, valve boxes, monuments, utility
poles, street light poles, mailboxes, fences and signs as necessary, and other
utility infrastructure as necessary or appropriate
• Channelization
• Bike lanes
• Traffic signs
• Street trees
• Street lighting
• Erosion control both temporary and permanent
• Retaining walls where necessary
• Relocation of utilities
• Traffic signal revisions as necessary at both ends of the project
• Utility stubs and extensions as necessary
• Removal of existing improvements as necessary
• Necessary appurtenances and improvements associated with the above
B-1 Exhibit B to Resolution of Intent
LID 366
40
CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the "City"),
hereby certify as follows:
1. The attached copy of Resolution No. (the "Resolution") is a
full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of the City held at the regular meeting place thereof on October_,
2013, as that Resolution appears on the minute book of the City; and the
Resolution will be in full force and effect immediately following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for
the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day
of October, 2013.
CITY OF KENT, WASHINGTON
RONALD MOORE, CITY CLERK
41
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/2014 Residential Traffic Calming Project
Item - 6
Motion:
No Motion Required/Information Only
Summary:
In April of 2014, the Kent City Council authorized $250,000 to implement the 2014
Residential Traffic Calming Project at three locations within the City of Kent. Staff
developed plans and specifications for the project and advertised the project for bid.
Four bids were received; however, the apparent low bidder withdrew their bid due to a
mathematical error on their part. A recommendation to award the contract to R. W.
Scott Construction Co. will be presented to the City Council on September 16th in the
amount of $236,306.00. This will enable the contractor to get started in advance of the
fall weather.
The 2014 Residential Traffic Calming Projects will need additional funds allocated to
include engineering, inspection and landscaping of traffic circles. The revised estimate
to implement the project is $280,000.
Exhibit:
N/A
Budget Impact:
None
42
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43
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 26, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Solid Waste Tax
Item - 7
Motion:
Move to recommend Council authorize an amendment to Kent City Code
3.18.020(5) increasing the solid waste utility tax to _% and allocating the
increase beyond the existing 7.8% to be applied to the maintenance of
residential roads.
Summary: The city maintains 320 centerline miles of streets, over half of which
are residential. The Solid Waste Utility operates on these city streets across the
entire city; all of which streets are impacted by the Solid Waste Utility. On
residential streets the weekly garbage pickup and every other week recycling or
yard waste pickup are the heaviest vehicles these streets will carry. According to
the American Association of State Highway and Transportation Officials, (AASHTO)
institute, one fully loaded garbage truck produces the wear and tear of 1,500 cars.
This figure takes into account the lighter compressed natural gas solid waste
collection trucks required to be used under the current contract.
Staff has analyzed potential methods to collect additional revenue through the solid
waste utility to help pay for the street wear and tear caused by the solid waste
trucks. It was determined that an increase to the existing 7.8% solid waste utility
tax is the most efficient process. To generate 1, 2 or 3 million dollars in revenue,
the solid waste utility tax would need to be increased to 11.621%, 15.139% and
18.379% respectively. If the solid waste utility tax was increased to one of these
proposed levels, Kent residents would still enjoy some of the cheapest solid waste
rates in King County. Tables showing the rates with and without the proposed utility
tax applied are attached.
Exhibits: Ordinance No.
Budget Impact: Increased revenues for expenditures for expenditures related to
transportation projects.
44
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45
ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending Section
3.18.020 of the Kent City Code to increase the
solid waste utility tax to % and allocating the
increase beyond the existing 7.8% to be applied to
maintenance of roads and transportation.
RECITALS
A. The city maintains over 320 centerline miles of streets, over
half of which are residential.
B. Maintenance for city streets is underfunded and in need of
approximately 12 million dollars per year just to sustain appropriate
maintenance..
C. The solid waste collection vehicles, which are extremely
heavy, use virtually every street in the City and every property in the city
is provided service through the solid waste utility. _
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
1 Solid Waste Utility Tax
Ordinance
46
SECTION 1. — Amendment. Section 3.18.020 of the Kent City Code
is amended as follows:
Sec. 3.18.020. Certain utilities subject to tax.
A. In addition to the other business and license fees required by the
ordinances of the city, the city levies upon all persons, firms, or
corporations (including the city) engaged in certain business activities a
utilities tax to be collected as follows:
1. Upon every person, firm, or corporation engaging in or
carrying on any telephone business within the city, an annual tax equal to
six (6) percent of the total gross income, including revenues from
intrastate toll, derived from the operation of such business within the city.
This six (6) percent tax will be allocated as follows: four and seven-tenths
(4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen
programs, and one (1) percent to street improvement programs.
2. Upon every person, firm, or corporation engaging in or
carrying on a business of selling, wheeling, furnishing, distributing, or
producing gas, whether manufactured or natural, for commercial or
domestic use or purposes, a fee or tax equal to six (6) percent of the total
gross income from such business in the city during the tax year for which
the license is required. This six (6) percent tax will be allocated as follows:
four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3)
percent to youth/teen programs, and one (1) percent to street
improvement programs.
3. Upon every person, firm, or corporation engaged in or
carrying on the business of selling, wheeling, furnishing, or distributing
electricity for light and power, a fee or tax equal to six (6) percent of the
2 Solid Waste Utility Tax
Ordinance
47
total gross income from such business in the city during the tax year for
which a license is required. This six (6) percent tax will be allocated as
follows: four and seven-tenths (4.7) percent to the general fund, three-
tenths (0.3) percent to youth/teen programs, and one (1) percent to street
improvement programs.
4. Upon every person, firm, or corporation engaged in or
carrying on the business providing cable television services, a tax equal to
six (6) percent of the total gross income from that business in the city
during the tax year for which the license is required. All revenue received
from this tax must be applied only to funding the city's information
technology department operations and capital projects budgets in the
proportion determined by the city council in its biennial budget, including
all amendments.
5. Upon every person, firm, or corporation engaging in or
carrying on a business providing solid waste collection services, a tax equal
to seven and eight-tenths (7.8) percent of the total gross income from
such business in the city during the tax year for which the license is
required. This
percent tax will be allocated as follows: six and one-half (6.5) percent to
the general fund, three-tenths (0.3) percent to youth/teen programs,
one (1) percent to street improvement programs. and % to
transportation.
6. Upon every person (including the city) engaging in or carrying
on the business of selling, furnishing, or distributing water, sewer, or
drainage services, a tax equal to thirteen (13) percent of the total gross
income from such business in the city during the tax year. This thirteen
(13) percent tax will be allocated as follows: four and seven-tenths (4.7)
percent to the general fund for the use as allocated in the city's budget;
3 Solid Waste Utility Tax
Ordinance
48
four (4) percent to the general fund only for the installation, operation,
maintenance, and repair of street lighting, fire hydrants, and fire
suppression systems subject to the limitations provided in subsection
(A)(6)(a) of this section; two (2) percent dedicated solely to the
repayment and elimination of debt in the city's 'other capital projects"
fund subject to the limitations provided in subsection (A)(6)(b) of this
section; one (1) percent to be applied only to establishing the city's fund
balance consistent with council policy and subject to the limitations
provided in subsection (A)(6)(c) of this section; one (1) percent to street
improvement programs; and three-tenths (0.3) percent to youth/teen
programs.
a. The four (4) percent allocation for street lighting and
fire hydrants and suppression is further contingent on the requirement that
the city allocate the funds freed up by this revenue to the city's capital
improvement fund(s). All transferred monies that become available in
these reallocated capital improvement fund accounts must be applied
equally to (i) information technology capital programs directed at funding
long- and short-term hardware and software replacement and (ii) street
capital programs, but further restricted to funding street maintenance,
repair, and signage only. If the cost to install, operate, maintain, and
repair street lighting, fire hydrants, and fire suppression systems is less
than the four (4) percent allocation for these purposes, the full four (4)
percent amount must still be allocated from the general fund to capital
programs for the above-stated purposes.
b. The two (2) percent internal tax allocation will be
dedicated to the city's capital improvements fund for the sole purpose of
retiring all debt in the city's other capital projects fund. This two (2)
percent portion of the tax shall be eliminated on January 1, 2023, or on
4 Solid Waste Utility Tax
Ordinance
49
the first day of the year following the date the debt in this fund is fully
retired, whichever occurs first.
C. The one (1) percent internal tax allocation will be
dedicated to the city's general fund balance solely for the purpose of
increasing the fund balance until that balance equals ten (10) percent of
the city's prior year operating expenses. This one (1) percent portion of
the tax shall be eliminated on the first day of the year following the date
the city's general fund balance equals ten (10) percent of the prior year's
operating expenses.
B. In computing the tax provided in subsection (A) of this section, the
taxpayer may deduct from total gross income the following items:
1. The actual amount of credit losses and uncollectible
receivables sustained by the taxpayer.
2. Amounts derived from transactions in interstate and foreign
commerce which the city is prohibited from taxing under the laws and
Constitution of the United States.
SECTION 2, — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
5 Solid Waste Utility Tax
Ordinance
50
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION , — Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage and publication as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
6 Solid Waste Utility Tax
Ordinance
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55
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/Drainage District No. 1 Board Meeting
Item - 8
Motion:
No Motion Required/Information Only
Summary:
Due to the very low gradient in the Kent Valley, sediment carried down the hillsides has
been deposited over the years in Mill, Garrison and Springbrook Creeks in the valley.
In some areas adjacent to Mill Creek, such as James St., Kennebeck Ave. and 76th
Avenue South, the creek spills out of its channel during periods of heavy precipitation
due to the decreased capacity. The stream channels need to be re-established to
decrease localized flooding, improve water quality and improve riparian habitat.
Kent staff met with King County Drainage District #1 in November, 2013, to begin
discussions about a partnership to remove sediment. Since that time, staff has been
collecting data to identify the extent of the need and determine permitting
requirements. The Drainage District has ownership of creek parcels; however, the
streams are not necessarily located within the district's property due to creek
movement from natural processes or development.
Kent staff will be meeting again with the Drainage District Board of Commissioners on
September 25, 2014, to continue discussing a partnership to re-establish stream and
other drainage channels.
Exhibits:
None
Budget Impact:
None
1
Public Works Committee Agenda
40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
�� KENT
Wns HINGTON
September 15, 2014
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Meeting Minutes for August 18, 2014 YES None 03 03
2. Information Only/South 2561h Street Construction NO Paul Kuehne 05 05
Progress Update Phil McConnell
3. South 252nd Street Public Right of Way Dedication YES Tom Brubaker 05 07
4. Consultant Agreement with Environmental Science YES Kelly Peterson 05 13
Associates for Wetland Mitigation Monitoring
5. LID 366/S. 2281h Union Pacific & S. 2121h Union Pacific YES Ken Langholz 20 31
& Burlington Northern Grade Separations - Resolution
of Intent
6. Information Only/2014 Residential Traffic Calming NO Kelly Peterson 05 41
Project
7. Solid Waste Utility Tax YES Kelly Peterson 15 43
8. Information Only/Drainage District No. 1 September NO Kelly Peterson 05 55
25, 2014 Board Meeting
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
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.
z
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Public Works Committee Minutes 3
August 18, 2014
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were
present. The meeting was called to order at 4:02 p.m.
Item 1 — Approval of Meeting Minutes Dated August 4, 2014:
Committee member Fincher MOVED to approve the minutes of August 4, 2014. The motion
was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 — Contract with Shannon & Wilson for County Road #8 Levee:
Design Engineering Supervisor, Kelly Casteel stated the SR 516 is the missing link between West Valley
Highway and the SR 516 Bridge over the Green River. Casteel state that projects receiving state or
federal monies are required to have a cultural resources report completed to comply with Section 106 of
the National Historical Preservation Act. The consultant will provide site reconnaissance and records
research that is needed to prepare a cultural resources report.
In order to submit to SEPA we must have the wetland survey, wetland delineation and biological
assessment reports completed. Shannon &Wilson, Inc. would perform these tasks.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Shannon &Wilson, Inc., in an amount not to exceed
$21,537 to perform wetland mitigation, biological evaluation and cultural resources study for
the County Road #8 Levee Project, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director. The motion was SECONDED by Committee member
Fincher and PASSED 3-0.
Item 3 — Condemnation Ordinance — Briscoe/Desimone:
Design Engineering Supervisor, Kelly Casteel noted that the City of Kent has an interlocal agreement
with the King County Flood Control Zone District ("District") and the City of Tukwila for reconstruction of
the Briscoe-Desimone levee improvement project. The District and the City desire to construct the
project as soon as possible because the Desimone levee was damaged this past March.
The Desimone levee project requires acquisition of property rights from three properties, Cascade
Tukwila LLC and River Point Two LLC. Property negotiations are underway and the City will continue
working toward an agreement with the owners. Authorization to condemn is sought to be prepared if
the time comes that negotiations stall. Casteel noted that staff is finalizing offers to purchase.
Committee member Fincher MOVED to recommend Council adopt a Condemnation Ordinance
for obtaining property rights along the Green River to complete levee improvements for the
Briscoe-Desimone Levee, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 4 — PSE Construction Agreement - James Street/Upper Russell Road Levee:
A brief PowerPoint presentation was given by Environmental Engineering Supervisor, Alex Murillo. Murillo
noted that Council approved a construction contract for this project on July 15, 2014. The focus of the
project is to construct a portion of the South Reach Levee adjacent to the James Street and Russell Road
intersection. The intersection will be setback further away from the Green River and a concrete retaining
wall will be constructed along the Public Works Operations facility to reduce impacts to the site.
In order to perform the above described work, existing overhead Puget Sound Energy (PSE) lines will
need to be relocated underground. The work will be completed in phases. Kent's cost share for PSE's
1
Public Works Committee Minutes 4
August 18, 2014
work in 2014 is estimated to be $47,800 which is included in this agreement. Kent's shared cost for
PSE's work in 2015 will be provided separately.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the
Puget Sound Energy Project Construction Agreement to relocate existing utilities for the
James Street/Russell Road Realignment Project, as approved by the City Attorney and Public
Works Director, and to ratify and affirm any act consistent with the authority and prior to the
effective date of this authorization. The motion was SECONDED by Committee member
Fincher and PASSED 3-0.
Item 5 —Interlocal Agreement — 2771h Street Corridor Auburn/Kent:
Design Engineering Manager, Mark Howlett explained that this project abuts the corporate limits of Kent,
Auburn and King County and included a new roadway connecting Auburn Way North with Kent Kangley
Road and a new bridge over the Green River. Kent finished their section of the S. 2771h Street Corridor
project 15 years ago.
The City of Auburn recently received a Transportation Improvement Board grant and is now ready to
complete their portion of the corridor. The attached Interlocal Agreement spells out the terms of an
agreement between the Cities regarding revisions to the city limits, final lane configuration, and use of
Kent's wetland mitigation site and disposition of an existing traffic signal.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the City of Auburn for the South 277th Street Corridor Project,
subject to final terms and conditions acceptable to the City Attorney and the Public Works
Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 6 — Information Only/SE 2401h Street Slope Stabililzation, Guardrail & Restoration
Proiect:
Design Engineering Manager, Mark Howlett noted that this matter was brought before the Public Works
Committee on June 16, 2014, and at that time staff was given authorization to proceed ahead and
award a contract for a retaining wall fix, for up to $700,000.
The design work was completed by a geotechnical firm and a structural firm and put out for competitive
bids. Four competitive bids were received on August 14, 2014 the low bid was received from Northwest
Cascade Inc. in the amount of $562,676.00. Northwest Cascade Inc. was notified that their bid was
accepted and that the Mayor will sign the contract once all insurance and other contract documents have
been received.
Because of the size of equipment needed to install the retaining wall it will not be possible to keep the
road open during the reconstruction and it will need to be closed during the two month construction
period. A public information plan has been prepared to notify residents, commuters, the school district,
etc. of the closure period.
No Motion Required/Information Only
The meeting was adjourned at 4:34 p.m.
Cheryl Viseth
Council Committee Recorder
2
5
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/South 256th Street Construction Progress
U pdate
Item - 2
Motion:
No Motion Required/Information Only
Summary:
The 256th Street project on East Hill was recently overlaid with the final layer of
asphalt overly. We are pleased with the result.
Construction Administration staff will provide a brief update to the Committee on the
construction progress and the budget.
Exhibits:
N/A
Budget Impact:
None
6
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7
LAW DEPARTMENT
\ � Tom Brubaker, City Attorney
v KtNT Phone: 253-856-5770
. . ..... Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 15, 2014
TO: Public Works Committee
SUBJECT: South 252nd Street Public Right-of-Way Dedication — Authorize
Item - 3
MOTION: Move to recommend the Mayor sign the Municipal Quit Claim Deed
dedicating city-owned property as City right-of-way for a portion of South 252""
Street formally part of the Old Fire Station Park parcel, located at 3536 South
252"d Street, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY:
In the process of selling the Old Fire Station Park parcel located at 3536 South 252nd
Street, the survey department found that the south thirty (30) feet of the parcel extends
into South 252nd Street and is currently being used as part of the public right-of-way.
This city-owned property must be dedicated as public right-of-way to preserve the city's
interest in the roadway.
Exhibits:
Municipal Quit Claim Deed, including legal description; map showing extension of parcel
into South 252nd Street
Budget Impact:
None
adeSI... o F ,um.e o,s
8
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9
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Engineering/Property Services
Grantor: City of Kent, a Washington municipal corporation
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: THAT PORTION OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY WASHINGTON.
Additional Legal Description on Exhibit A of Document.
Assessor's Tax Parcel ID No. 2222049111
Project Name: Old Fire Station Park
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 "A" ATTACHED
10
GRANTOR:
By: Suzette Cooke
Its: Mayor
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent 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 8ox-
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
APPROVED AS TO FORM:
Name:
Kent City Attorney
P VCivilAFiles Opm FileeA1779-Old Fve SlatiouAMuuicipel Qua Cleve Deed doc
11
EXHIBIT A
RIGHT OF WAY DEDICATION
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS:
THE SOUTH 30.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF MILITARY ROAD (36TH
AVENUE SOUTH), SAID ROAD BEING 60.00 FEET IN WIDTH, AND THE SOUTH LINE OF
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
WESTERLY, ALONG SAID SOUTH LINE, 200.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING WESTERLY, ALONG SAID SOUTH LINE, 70.00 FEET;
THENCE NORTHERLY, PARALLEL TO SAID WEST MARGIN, 130.00 FEET; THENCE
EASTERLY, PARALLEL TO SAID SOUTH LINE, 70.00 FEET; THENCE SOUTHERLY,
PARALLEL TO SAID WEST MARGIN, 130.00 FEET TO THE POINT OF BEGINNING.
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 11, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Matt Knox, P.W.S., Environmental Ecologist
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Agreement with Environmental Science Associates
2014-2017 Wetland Mitigation Monitoring
Item - 4
Motion: Move to recommend Council authorize the Mayor to sign a
consultant services agreement with Environmental Science Associates in an
amount not to exceed $62,113.75 to conduct 4-years of wetland monitoring
and prepare monitoring reports for the S. 228th St. Extension, Upper
Johnson Creek and Meridian Valley Creek Enhancements Projects, subject
to terms and final conditions acceptable to the City Attorney and the Public
Works Director.
Summary: When critical areas such as streams or wetlands are impacted or enhanced,
permits require monitoring of the mitigation area for up to 10 years. Several city
projects are in the monitoring phase including the 228th Street Extension, Johnson
Creek Restoration and the Meridian Valley Creek Enhancement Projects. The 228th
Street Extension project includes four mitigation sites.
Environmental Science Associates will complete the required monitoring for each
location over the next 4 years and prepare the necessary reports, including maps and
figures for staff to review. The reports will be submitted to applicable agencies to meet
permitting requirements.
The proposed prices that ESA has submitted include: $12,122.55 to perform one final
year (Year 10) of monitoring at the S. 228th mitigation sites, $21,406.15 to perform
Year 2, 3 and 5 monitoring at Johnson Creek, and $28,585.05 to perform Year 2,3,4
and 5 monitoring at Meridian Valley Creek.
ESA has a working familiarity with these sites: they prepared the monitoring reports for
these sites in 2013. This proposed 4-year contract will "lock-in" prices and
streamline contract administration costs.
Exhibit: Consultant Services Agreement with Environmental Science Associates
Budget Impact: No additional unbudgeted funds will be required. The contract will be
paid through the Stormwater Utility Fund.
14
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15
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Environmental Science Associates
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Science Associates organized under the laws of the
State of California, located and doing business at 5309 Shilshoe Ave. NW, Suite 200, Seattle, WA
98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall monitor three wetland mitigation projects for the city (S.
228th Street Extension, Upper Johnson Creek Restoration, and Meridian Valley
Creek Enhancement). For a description, see the Consultant's Scope of Work which
is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by April 15, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Two Thousand, One Hundred Thirteen Dollars and seventy five cents
($62,113.75), 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)
16
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)
17
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)
18
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)
19
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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Michael Muscari Timothy J. LaPorte, P.E.
Environmental Science Associates City of Kent
5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South
Seattle, WA 98107 Kent, WA 98032
(206) 789-9658 (telephone) (253) 856-5500 (telephone)
(206) 789-9684 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
E5 -Wetl and MI[Monitoring 20142017/Knox
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
20
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
zi
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
zz
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
23
5309 Shilshole Avenue NW 4sy:4.ewroc.aini
Suite 200
Seattle,WA 98107
206.78a9658 phone
206.789.9684 C,,x
City of Kent
2014 — 2017 Wetland Mitigation Monitoring
Scope of Work
Environmental Science Associates(ESA)has prepared this scope of work to conduct monitoring of three wetland
mitigation projects in the City of Kent, Washingtom This scope is divided into three tasks for each monitoring
project. Monitoring work will occur in 2014—2017 and will be billed on a time and materials basis.
A detailed Scope of Work is provided below.Mitigation project descriptions are from mitigation plans and
monitoring plans provided by the City. The cost estimate is also attached to this Scope of Work.
TASK 1—SOUTH 228Tn STREET EXTEiySION
Wetland mitigation for the South 228,1,Street Extension project was conducted at four separate sites,totaling
17.1 acres, The four sites are referred to as Birk,Dori Russell Road, and Kentview PUD sites. Years 1,2,3,
and 5 monitoring were conducted by others;Year 7 monitoring was completed by ESA in 2013; and Year.10
monitoring is required in 2016.This scope of work includes Year 10 monitoring only.
i
T'wo ESA wetland biologists will conduct monitoring at each of the four mitigation sites listed above. Site work
will include vegetation monitoring plots, soil observations,and notes on general wildlife habitat features as
described in the Year 7 monitoring report. We will also make observation on wetland hydrologic indicators,,
although the primary source for site hydrology will be the monitoring well data that the City is collecting weekly.
Photographs will be taken at each site and included in the report to provide further documentation of site
conditions.
Deliverables: ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within
three weeks of completing site work.
Assunu ptions:
I
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• The City will provide documentation of maintenance actions (weeding,replanting,etc.)taken on each
site since the Year 7 monitoring was completed.
I
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I
24
• Site monitoring will be conducted late in the 2016 growing season(Aug-Sept).
• Site monitoring can be completed by two staff in three days.
• 'The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost'Task 1: $12.122.55
TASK 2—UPPER J OHNSO N CREEK RESTORATION
I
The Upper Johnson Creek Restoration site was constructed in 2011.ESA conducted Year 1 monitoring in 2013.
Under this task,ESA will monitor the site as required dining Year 2(2014),Year 3 (2015),and Year 5 (2017).As
described in the Restoration and Wetland Mitigation Plan(revised February 2010) and shown on Phase IJ Plan
Sheet set(dated 8/4111)the mitigation area includes 0.14 ac of wetland creation and 0.59 ae of wetland
enhancement.Monitoring parameters include hydrology and vegetation cover.
Deliverables.ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within
three weeks of completing site work.
Assumptions:
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted once late in the growing season of each monitoring year(Aug-Sept).
• Site monitoring for each year can be completed by two staff in one day. j
• Stream channel monitoring is not included in this task.
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit
•
authorities.
Cost Task 2: $21,406.15
TASK 3—MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT
The Meridian Valley Creels Enhancement Project was constructed in 2012. Permit conditions include vegetation
and stream channel monitoring and monitoring reports due by November 1 for five years after project completion.
ESA conducted Year 1 monitoring in 2013. Under this task,ESA will monitor the site as required during Year 2
(2014),Year 3 (2015), Year 4(2016), and Year 5 (2017).
25
ai�"�i �
Deliverables. ESA will deliver an electronic copy(pdf file) and one hard copy of the monitoring report within
three weeks of completing site work.
Assunxptions:
• The City will arrange for permission to access the private property(Meridian Valley Country Club)that
the project is located on.
• The City will provide hydrologic monitoring;data in an electronic format compatible with MS Excel.
• Site monitoring will be conducted only once late in the growing season of each year(Aug-Sept).
• Vegetation and stream channel monitoring for each year can be completed by two staff in one day.
i
• The site will be regularly maintained and weeded so that native plantings can be seen readily.
• The scope includes no agency site visits or response to comments from state or federal permit authorities.
Cost Task 3: $28,585.06
SCHEDULE:
I
• ESA will prepare monitoring equipment and finalize methods with City staff within two weeks of
receiving a signed contract.
• The field work for Tasks 1—3 will be conducted in August and September of the specified years.
• ESA will deliver monitoring reports to the City for Task 3 by October 18 and for Tasks 1 and 2 before
November 15 of each monitoring year so that the City can submit to review agencies by the deadlines
specified in the mitigation plans.
Total Cost of Contract: $62,113.75
I
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26
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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.
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.
29
EXHIBIT B (Continued)
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.
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.
30
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31
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH N G r o N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 26, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Ken Langholz, Engineering Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: LID 366 — S. 228th Union Pacific and S. 212th St. Union Pacific and
Burlington Northern Grade Separations - Resolution of Intent
Item — 5
Motion: Move to recommend Council adopt a Resolution of Intent setting
a public hearing date on the formation of Local Improvement District 366, subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director.
Summary: The City of Kent has been successful over the years in obtaining grant funding
for our grade separation projects. We have completed the S. 228th Street BNSF grade
separation and have been assembling a funding package for the S. 228th UP and the S. 212th
BN and UP grade separations. During its March 2014 meeting, the Washington State Freight
Mobility Strategic Investment Board (FMSIB) requested assurances from the City that grant
money will be spent in the near term or the city would be in jeopardy of losing it. This would
result in the loss of roughly $22 million in FMSIB and other associated grant funds.
While Engineering staff has continued researching options for funding these grade separation
projects, we are still short of a complete funding package.
One option for completing these projects is a local improvement district (LID). We recently
contracted with a real estate appraiser to conduct a detailed evaluation of the potential
increase in value ('special benefit') to properties located in the vicinity of the proposed grade
separations. This evaluation indicated that a substantial special benefit would be realized by
properties in the warehouse/industrial area, and that Council could form an LID to keep the
grade separation projects moving toward completion.
A funding package, including the formation of an LID, was presented to FMSIB at its May 30,
2014 meeting. Based on this information, the board granted us an extension until November
2014 to provide them a guarantee that all funds are available and that the City is moving
forward with completion of these projects.
Exhibits: Resolution No. Resolution of Intent
Budget Impact: Work completed to date in support of LID formation has been funded
through savings from unfilled, budgeted positions. If the LID is formed, costs to complete
the LID will be included in the LID assessments.
32
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33
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring its intention to
order the construction or installation of railroad
grade separations at the South 228th Street Union
Pacific Railroad tracks, South 212th Street Union
Pacific Railroad tracks, and the South 212th Street
Burlington Northern Railroad tracks, including
overpasses, underpasses, bridges, curbs, gutters,
sidewalks, driveways, street lighting, landscaping,
erosion control, utility relocation, storm water
management facilities, and necessary
appurtenances, and to create a local improvement
district to assess a part of the cost and expense of
carrying out those improvements against the
properties specially benefited thereby, and notifying
all persons who desire to object to the
improvements to appear and present their
objections at a hearing before the City Council to be
held on October 21, 2014.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. It is the intention of the City Council of the City of
Kent, Washington, to order the improvement of the properties within the
area described in Exhibit A, attached hereto and by this reference made a
part hereof, by the construction and installation of railroad grade separations
at the South 212th Street Union Pacific Railroad tracks, South 212th Street
1 Resolution of Intent
LID No. 366
34
Burlington Northern Railroad tracks, and South 228th Street Union Pacific
Railroad tracks. This work may include the construction of overpasses,
underpasses, bridges, curbs, gutters, sidewalks, driveways, street lighting,
landscaping, erosion control, utility relocation, storm water management
facilities, and necessary appurtenances all relating to the overall project as
more fully described in Exhibit B, attached hereto and by this reference
made a part hereof.
All of the foregoing improvements shall be in accordance with the
plans and specifications therefor prepared by the Public Works Director of the
City and may be modified by the City as long as that modification does not
affect the purpose of the improvements.
SECTION 2. The total estimated cost and expense of the
improvements is declared to be approximately $79,000,000, approximately
$8,435,009 of that cost and expense shall be paid by the City,
approximately $16,500,000 of that cost and expense shall be paid by
grants, and the balance thereof (an estimated $54,064,991) shall be borne
by and assessed against the property specially benefited by the
improvements to be included in a local improvement district to be
established. The local improvement district is to include as nearly as
practicable those properties specially benefited by the improvements.
Actual assessments may vary from estimated assessments so long as they
do not exceed a figure equal to the increased true and fair value the
improvements add to the property.
2 Resolution of Intent
LID No, 366
35
SECTION 3. The City Clerk is authorized and directed to give notice
of the adoption of this resolution and of the date, time and place fixed for
the public hearing to each owner or reputed owner of any lot, tract, parcel
of land or other property within the proposed local improvement district by
mailing such notice at least fifteen days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the
rolls of the King County Assessor at the address shown thereon, as
required by law.
This resolution also shall be published in its entirety in at least two
consecutive issues of the official newspaper of the City, the date of the first
publication to be at least 15 days prior to the date fixed for the public
hearing.
SECTION 4. All persons who may desire to comment in support of
or object to the improvements are notified to appear and present those
comments or objections at a hearing before the City Council to be held in
the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on
October 21, 2014, which time and place are fixed for hearing all matters
relating to the improvements and all comments thereon and objections
thereto and for determining the method of payment for the improvements.
All persons who may desire to object thereto should appear and present
their objections at that hearing. Any person who may desire to file a
written protest with the City Council may do so within 30 days after the
3 Resolution of Intent
LID No, 366
36
date of passage of the ordinance ordering the improvements in the event
the local improvement district is formed. The written protest should be
signed by the property owner and should include the legal description of
the property for which the protest is filed and that protest should be
delivered to the City Clerk.
SECTION 5. The City's Public Works Director is directed to submit
to the City Council on or prior to October 21, 2014, all data and
information required by law to be submitted.
SECTION 6, Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this 16th day of September, 2014.
CONCURRED in by the Mayor of the City of Kent this 16th day of
September, 2014.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
4 Resolution of Intent
LID No, 366
37
TOM BRUBAKER, CITY ATTORNEY
5 Resolution of Intent
LID No, 366
38
Exhibit A
L.I.D. Boundary
LID 366 - Railroad Grade Separations
All
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w
6 V
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iJgI I A
� 1
I � �u�a
�,•�«a.�.x Boundary IMm�p
LID 366-21'..26hd 228th�rsde�epa�tiian
A-1 Exhibit A to Resolution of Intent
LID No. 366
39
Exhibit B
Description of Improvements
LID 366 — Grade Separations at S. 212th and S. 228th Streets
The overall project limits for Project are along S. 212th Street at the Union Pacific
and Burlington Northern railroad crossings and along S. 228th Street at the Union
Pacific railroad crossing. The improvements include but are not limited to:
• Grade Separation by overpass or underpass of the S. 212th Burlington
Northern Railroad
• Grade Separation by overpass or underpass of the S. 212th Union Pacific
Railroad
• Grade Separation by overpass of the S. 228th Street Union Pacific Railroad
• Installation of new road or railroad bridges
• Installation of cement concrete sidewalks, curbs and gutters.
• Installation of driveways
• New roadway pavement section
• Storm drainage system with detention and treatment facilities
• Relocation and adjustment of existing utilities and other improvements such
as fire hydrants, manholes, water meters, valve boxes, monuments, utility
poles, street light poles, mailboxes, fences and signs as necessary, and other
utility infrastructure as necessary or appropriate
• Channelization
• Bike lanes
• Traffic signs
• Street trees
• Street lighting
• Erosion control both temporary and permanent
• Retaining walls where necessary
• Relocation of utilities
• Traffic signal revisions as necessary at both ends of the project
• Utility stubs and extensions as necessary
• Removal of existing improvements as necessary
• Necessary appurtenances and improvements associated with the above
B-1 Exhibit B to Resolution of Intent
LID 366
40
CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the "City"),
hereby certify as follows:
1. The attached copy of Resolution No. (the "Resolution") is a
full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of the City held at the regular meeting place thereof on October_,
2013, as that Resolution appears on the minute book of the City; and the
Resolution will be in full force and effect immediately following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for
the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day
of October, 2013.
CITY OF KENT, WASHINGTON
RONALD MOORE, CITY CLERK
41
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/2014 Residential Traffic Calming Project
Item - 6
Motion:
No Motion Required/Information Only
Summary:
In April of 2014, the Kent City Council authorized $250,000 to implement the 2014
Residential Traffic Calming Project at three locations within the City of Kent. Staff
developed plans and specifications for the project and advertised the project for bid.
Four bids were received; however, the apparent low bidder withdrew their bid due to a
mathematical error on their part. A recommendation to award the contract to R. W.
Scott Construction Co. will be presented to the City Council on September 16th in the
amount of $236,306.00. This will enable the contractor to get started in advance of the
fall weather.
The 2014 Residential Traffic Calming Projects will need additional funds allocated to
include engineering, inspection and landscaping of traffic circles. The revised estimate
to implement the project is $280,000.
Exhibit:
N/A
Budget Impact:
None
42
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43
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 26, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Solid Waste Tax
Item - 7
Motion:
Move to recommend Council authorize an amendment to Kent City Code
3.18.020(5) increasing the solid waste utility tax to _% and allocating the
increase beyond the existing 7.8% to be applied to the maintenance of
residential roads.
Summary: The city maintains 320 centerline miles of streets, over half of which
are residential. The Solid Waste Utility operates on these city streets across the
entire city; all of which streets are impacted by the Solid Waste Utility. On
residential streets the weekly garbage pickup and every other week recycling or
yard waste pickup are the heaviest vehicles these streets will carry. According to
the American Association of State Highway and Transportation Officials, (AASHTO)
institute, one fully loaded garbage truck produces the wear and tear of 1,500 cars.
This figure takes into account the lighter compressed natural gas solid waste
collection trucks required to be used under the current contract.
Staff has analyzed potential methods to collect additional revenue through the solid
waste utility to help pay for the street wear and tear caused by the solid waste
trucks. It was determined that an increase to the existing 7.8% solid waste utility
tax is the most efficient process. To generate 1, 2 or 3 million dollars in revenue,
the solid waste utility tax would need to be increased to 11.621%, 15.139% and
18.379% respectively. If the solid waste utility tax was increased to one of these
proposed levels, Kent residents would still enjoy some of the cheapest solid waste
rates in King County. Tables showing the rates with and without the proposed utility
tax applied are attached.
Exhibits: Ordinance No.
Budget Impact: Increased revenues for expenditures for expenditures related to
transportation projects.
44
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45
ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending Section
3.18.020 of the Kent City Code to increase the
solid waste utility tax to % and allocating the
increase beyond the existing 7.8% to be applied to
maintenance of roads and transportation.
RECITALS
A. The city maintains over 320 centerline miles of streets, over
half of which are residential.
B. Maintenance for city streets is underfunded and in need of
approximately 12 million dollars per year just to sustain appropriate
maintenance..
C. The solid waste collection vehicles, which are extremely
heavy, use virtually every street in the City and every property in the city
is provided service through the solid waste utility. _
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
1 Solid Waste Utility Tax
Ordinance
46
SECTION 1. — Amendment. Section 3.18.020 of the Kent City Code
is amended as follows:
Sec. 3.18.020. Certain utilities subject to tax.
A. In addition to the other business and license fees required by the
ordinances of the city, the city levies upon all persons, firms, or
corporations (including the city) engaged in certain business activities a
utilities tax to be collected as follows:
1. Upon every person, firm, or corporation engaging in or
carrying on any telephone business within the city, an annual tax equal to
six (6) percent of the total gross income, including revenues from
intrastate toll, derived from the operation of such business within the city.
This six (6) percent tax will be allocated as follows: four and seven-tenths
(4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen
programs, and one (1) percent to street improvement programs.
2. Upon every person, firm, or corporation engaging in or
carrying on a business of selling, wheeling, furnishing, distributing, or
producing gas, whether manufactured or natural, for commercial or
domestic use or purposes, a fee or tax equal to six (6) percent of the total
gross income from such business in the city during the tax year for which
the license is required. This six (6) percent tax will be allocated as follows:
four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3)
percent to youth/teen programs, and one (1) percent to street
improvement programs.
3. Upon every person, firm, or corporation engaged in or
carrying on the business of selling, wheeling, furnishing, or distributing
electricity for light and power, a fee or tax equal to six (6) percent of the
2 Solid Waste Utility Tax
Ordinance
47
total gross income from such business in the city during the tax year for
which a license is required. This six (6) percent tax will be allocated as
follows: four and seven-tenths (4.7) percent to the general fund, three-
tenths (0.3) percent to youth/teen programs, and one (1) percent to street
improvement programs.
4. Upon every person, firm, or corporation engaged in or
carrying on the business providing cable television services, a tax equal to
six (6) percent of the total gross income from that business in the city
during the tax year for which the license is required. All revenue received
from this tax must be applied only to funding the city's information
technology department operations and capital projects budgets in the
proportion determined by the city council in its biennial budget, including
all amendments.
5. Upon every person, firm, or corporation engaging in or
carrying on a business providing solid waste collection services, a tax equal
to seven and eight-tenths (7.8) percent of the total gross income from
such business in the city during the tax year for which the license is
required. This
percent tax will be allocated as follows: six and one-half (6.5) percent to
the general fund, three-tenths (0.3) percent to youth/teen programs,
one (1) percent to street improvement programs. and % to
transportation.
6. Upon every person (including the city) engaging in or carrying
on the business of selling, furnishing, or distributing water, sewer, or
drainage services, a tax equal to thirteen (13) percent of the total gross
income from such business in the city during the tax year. This thirteen
(13) percent tax will be allocated as follows: four and seven-tenths (4.7)
percent to the general fund for the use as allocated in the city's budget;
3 Solid Waste Utility Tax
Ordinance
48
four (4) percent to the general fund only for the installation, operation,
maintenance, and repair of street lighting, fire hydrants, and fire
suppression systems subject to the limitations provided in subsection
(A)(6)(a) of this section; two (2) percent dedicated solely to the
repayment and elimination of debt in the city's 'other capital projects"
fund subject to the limitations provided in subsection (A)(6)(b) of this
section; one (1) percent to be applied only to establishing the city's fund
balance consistent with council policy and subject to the limitations
provided in subsection (A)(6)(c) of this section; one (1) percent to street
improvement programs; and three-tenths (0.3) percent to youth/teen
programs.
a. The four (4) percent allocation for street lighting and
fire hydrants and suppression is further contingent on the requirement that
the city allocate the funds freed up by this revenue to the city's capital
improvement fund(s). All transferred monies that become available in
these reallocated capital improvement fund accounts must be applied
equally to (i) information technology capital programs directed at funding
long- and short-term hardware and software replacement and (ii) street
capital programs, but further restricted to funding street maintenance,
repair, and signage only. If the cost to install, operate, maintain, and
repair street lighting, fire hydrants, and fire suppression systems is less
than the four (4) percent allocation for these purposes, the full four (4)
percent amount must still be allocated from the general fund to capital
programs for the above-stated purposes.
b. The two (2) percent internal tax allocation will be
dedicated to the city's capital improvements fund for the sole purpose of
retiring all debt in the city's other capital projects fund. This two (2)
percent portion of the tax shall be eliminated on January 1, 2023, or on
4 Solid Waste Utility Tax
Ordinance
49
the first day of the year following the date the debt in this fund is fully
retired, whichever occurs first.
C. The one (1) percent internal tax allocation will be
dedicated to the city's general fund balance solely for the purpose of
increasing the fund balance until that balance equals ten (10) percent of
the city's prior year operating expenses. This one (1) percent portion of
the tax shall be eliminated on the first day of the year following the date
the city's general fund balance equals ten (10) percent of the prior year's
operating expenses.
B. In computing the tax provided in subsection (A) of this section, the
taxpayer may deduct from total gross income the following items:
1. The actual amount of credit losses and uncollectible
receivables sustained by the taxpayer.
2. Amounts derived from transactions in interstate and foreign
commerce which the city is prohibited from taxing under the laws and
Constitution of the United States.
SECTION 2, — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
5 Solid Waste Utility Tax
Ordinance
50
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION , — Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage and publication as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
6 Solid Waste Utility Tax
Ordinance
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55
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 12, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 15, 2014
From: Kelly Peterson, AICP, Special Projects Manager
Through: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/Drainage District No. 1 Board Meeting
Item - 8
Motion:
No Motion Required/Information Only
Summary:
Due to the very low gradient in the Kent Valley, sediment carried down the hillsides has
been deposited over the years in Mill, Garrison and Springbrook Creeks in the valley.
In some areas adjacent to Mill Creek, such as James St., Kennebeck Ave. and 76th
Avenue South, the creek spills out of its channel during periods of heavy precipitation
due to the decreased capacity. The stream channels need to be re-established to
decrease localized flooding, improve water quality and improve riparian habitat.
Kent staff met with King County Drainage District #1 in November, 2013, to begin
discussions about a partnership to remove sediment. Since that time, staff has been
collecting data to identify the extent of the need and determine permitting
requirements. The Drainage District has ownership of creek parcels; however, the
streams are not necessarily located within the district's property due to creek
movement from natural processes or development.
Kent staff will be meeting again with the Drainage District Board of Commissioners on
September 25, 2014, to continue discussing a partnership to re-establish stream and
other drainage channels.
Exhibits:
None
Budget Impact:
None