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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. z This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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. N , a t .,@--, �r�oa lj L a.s� to r.a I IV .5 to 61, T 79. 33 ,)0 D6 �0 130 .04 Cb 6 110 273 4 8 0 0 j A� q4 A j Qj 41,�14 4 9. 6 IA Ae J rya p#. " 47V4' 9r) 18 to CO C> gy Al N, CY) lop ILI, 41to 5 10� 4 0 '0 0 7 6 38 70 8 N 2-5 3-25 T,, plll� �B ko 7 i U 0-48-40 0� 100 0 52 im W*0 I'q 2 ES-90-0 1`1 to cz� R 1P IN 0--48--40 E j I 100 k 1A tf 2-53-25 v, 991. 98 Ult 01 00 Y� 62 It 30 12 LA) 1,29 95 311, 5 12 5 3 15 C (X) Ill" d ko 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 This page intentionally left blank. 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 i i i 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 i 26 .......... ...... ...... .... .... ... ... .... .........iO:WNi.......... : :O:(pe� r ip:ihE O.(p. EH ifAi i sO.O:bf.dd. 0 e N i 3 i i : 2? i0?O? ? �a0: iO:O ..q.O: ..... ioi i00?o? O? ifp"Cii ?viol lvitoi iV'isoi '. �.n..:...............L....?...._ ',. '....�....s. i _ s s _ _ _ f f _ d+E i i eN? ? 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O Ot at at N S SN!Ne xN Ns t . .N�N! � ',S— N! p....6...........n.4... rd _ o i !C N ❑ O;O fai' 'oEO� oe p y CI F ! ! i M 1 1 i• 1 1 1 ....y'.. [ 1 5.....q....q....p....y'....< d _ :N' i t SN ENe ! rN! ".....e.....I.....(.....1•.r..j...r.e•...•P�....f.....).....I.....I..... j....q.....j.....4....3....fi....H.....e....•!.n..in...Y....N....4....p....a....q....q' dg W : t it i tat :iQt d W = a F O! : O N 41 V) U N U O O O i Y to m o m w � o _ � d m � }•aim m o. mm Ein19i C °o. E a mm °'mi C a o� m m b -a o E " m m m m = m m Sol._ a, m o`i m � Sti of ai 1`i 2s 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 N a > 3 oq 3 s v l0 Y � O > v v y 3 Iq O blO ti ` w o o 0 N J O p ✓ Q Q U J w 0 bjO bjO K OD m ow W UOD N N Q N h0 bA N m m h0 U N N T � � 3 0 * bjO N is ; C Lf1 N N ryNj b U/ J � � C � Y rl Y VI � J O F _T L Y C O ''. O O O O O O O O O O � vt O vt O vt O vt O vt O W K 52 This page intentionally left blank. M m � m T Y � p > N 9 N r fb y� Ln 0 0 T r O O bbD ti w l0 > � O Ul 01 C X C oWbD w V N C � N O C ti N m bO bn fb bn C7 bb - ✓ Y bn U ti Owl Y ti Lf1 ✓� ti N M Ol Y J Y N � O O C N U f � C W M « y. Ir Ir ''. O O O O O O O O O O � vt O vt O vt O vt O vt O W K 54 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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. N , a t .,@--, �r�oa lj L a.s� to r.a I IV .5 to 61, T 79. 33 ,)0 D6 �0 130 .04 Cb 6 110 273 4 8 0 0 j A� q4 A j Qj 41,�14 4 9. 6 IA Ae J rya p#. " 47V4' 9r) 18 to CO C> gy Al N, CY) lop ILI, 41to 5 10� 4 0 '0 0 7 6 38 70 8 N 2-5 3-25 T,, plll� �B ko 7 i U 0-48-40 0� 100 0 52 im W*0 I'q 2 ES-90-0 1`1 to cz� R 1P IN 0--48--40 E j I 100 k 1A tf 2-53-25 v, 991. 98 Ult 01 00 Y� 62 It 30 12 LA) 1,29 95 311, 5 12 5 3 15 C (X) Ill" d ko 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 This page intentionally left blank. 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 i i i 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 i 26 .......... ...... ...... .... .... ... ... .... .........iO:WNi.......... : :O:(pe� r ip:ihE O.(p. EH ifAi i sO.O:bf.dd. 0 e N i 3 i i : 2? i0?O? ? �a0: iO:O ..q.O: ..... ioi i00?o? O? ifp"Cii ?viol lvitoi iV'isoi '. �.n..:...............L....?...._ ',. '....�....s. i _ s s _ _ _ f f _ d+E i i eN? ? 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O Ot at at N S SN!Ne xN Ns t . .N�N! � ',S— N! p....6...........n.4... rd _ o i !C N ❑ O;O fai' 'oEO� oe p y CI F ! ! i M 1 1 i• 1 1 1 ....y'.. [ 1 5.....q....q....p....y'....< d _ :N' i t SN ENe ! rN! ".....e.....I.....(.....1•.r..j...r.e•...•P�....f.....).....I.....I..... j....q.....j.....4....3....fi....H.....e....•!.n..in...Y....N....4....p....a....q....q' dg W : t it i tat :iQt d W = a F O! : O N 41 V) U N U O O O i Y to m o m w � o _ � d m � }•aim m o. mm Ein19i C °o. E a mm °'mi C a o� m m b -a o E " m m m m = m m Sol._ a, m o`i m � Sti of ai 1`i 2s 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 N a > 3 oq 3 s v l0 Y � O > v v y 3 Iq O blO ti ` w o o 0 N J O p ✓ Q Q U J w 0 bjO bjO K OD m ow W UOD N N Q N h0 bA N m m h0 U N N T � � 3 0 * bjO N is ; C Lf1 N N ryNj b U/ J � � C � Y rl Y VI � J O F _T L Y C O ''. O O O O O O O O O O � vt O vt O vt O vt O vt O W K 52 This page intentionally left blank. M m � m T Y � p > N 9 N r fb y� Ln 0 0 T r O O bbD ti w l0 > � O Ul 01 C X C oWbD w V N C � N O C ti N m bO bn fb bn C7 bb - ✓ Y bn U ti Owl Y ti Lf1 ✓� ti N M Ol Y J Y N � O O C N U f � C W M « y. Ir Ir ''. O O O O O O O O O O � vt O vt O vt O vt O vt O W K 54 This page intentionally left blank. 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