HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/20/2015 I
Public Works Committee Agenda
Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair
April 20, 2015
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Higgins 1
2. Roll Call Chair Higgins 1
3. Changes to the Agenda Chair Higgins 1
4. Approval of Minutes, dated April 6, 2015 YES Chair Higgins 3 03
5. Consultant Services Agreement with ICF YES Garrett Inouye 10 05
Jones & Stokes for Wetland Delineations for
the South 2241h Street Project
6. Information Only/Federal Way Link NO Monica Whitman 15 23
Extension City Council Preferred Alternative
7. Information Only/Pacific Highway Island NO Stella Collier 10 25
Planting & SE 2401h Street Public Meetings
8. Information Only/National Pollutant NO Todd Hunsdorfer 10 31
Discharge Elimination System (NPDES)
9. Information Only/Critical Areas Ordinance NO Todd Hunsdorfer 15 33
(KCC 11.06) and Flood Hazard Regulations
Code (KCC 14.09) Updates
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA
98032.
For additional information please contact Cheryl Viseth at 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 Washington
Telecommunications Relay Service at 1-800-833-6388.
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Public Works Committee Minutes 3
April 6, 2015
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins had an excused absence. Committee members Dana Ralph
and Brenda Fincher were present. The meeting was called to order at 4:03 p.m.
Item 1 — Approval of Meeting Minutes Dated March 16, 2015:
Committee member Fincher MOVED to approve the minutes of March 16, 2015. The
motion was SECONDED by Committee member Ralph and PASSED 2-0.
Item 2 —Consultant Agreement with RH2 for Armstrong Springs Generator:
Design Engineering Manager, Mark Howlett noted that Armstrong Springs Well, which is
located near Covington, is one of the city's critical sources of drinking water. Water is pumped
from the wells into the City's transmission system by two pumps, each with its own motor
control system. Power to the site is provided by Puget Sound Energy with no back-up power
available.
Howlett stated that the motor control equipment is reaching the end of its service life and is
in need of replacement. Additionally, the installation of a back-up generator will help ensure
that a reliable supply of water is provided should the primary source of electricity fail.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign a consultant services agreement with RH2 Engineering Inc. in an amount not to
exceed $39,805.00 to provide engineering services for the Armstrong Springs Motor
Control Center and Generator Upgrade Project, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney. The motion was
SECONDED by committee member Ralph and PASSED 2-0.
Item 3 — Resolution Approving Annexation/Deannexation between Kent and Auburn
for the S. 2771h Street - Corridor:
Assistant City Attorney, David Galazin noted that the city of Auburn recently received a
Transportation Improvement Board grant and is prepared to complete its portion of the S.
2771h Street Corridor project widening the roadway between the Green River and Auburn Way
North.
In order to simplify responsibilities for the improvements along 2771h the cities of Kent and
Auburn have, for several years, been pursuing an annexation/deannexation agreement.
The annexation/deannexation will become effective following adoption of this Resolution by
the Kent City Council. The two cities have already reached an agreement with respect to
these annexations and deannexations. This agreement was approved by the Kent City Council
through action taken at its regular meeting on September 2, 2014.
Committee member Fincher MOVED to recommend Council adopt a Resolution
annexing property to the city of Kent, contemporaneous with the deannexation of
related property to the city of Auburn. The motion was SECONDED by Committee
member Ralph and PASSED 2-0.
Item 4 — Information Only/Transportation Impact Fee (TIF) Rates:
City Engineer, Chad Bieren stated that following the discussion on Transportation Impact Fee
("TIF") adjustments at the March 16, 2015 Public Works Committee meeting, staff has
completed its research into indices that could be used as the basis for future adjustments.
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Public Works Committee Minutes 4
April 6, 2015
The TIF ordinance passed in August 2010 calls for using the Washington Stated Department
of Transportation (WSDOT) Construction Cost Index. Bieren said that this index has seen
significant fluctuations over the past 2 years that are not consistent with construction costs
experienced through City contracts. Staff recommends that Council update the Ordinance to
adopt the Engineering News Record (ENR) Construction Cost Index for the Seattle area.
Information Only/No Motion Required
Item 5 — Information Only/LED Street Light Conversion Funding:
Special Projects/Transportation Manager, Kelly Peterson, and Finance Director, Aaron BeMiller
noted that the Washington State Department of Commerce offered a 2013-2015 Energy
Efficiency and Solar Grant to agencies in Washington. The maximum award to any jurisdiction
is $500,000. Though the Public Works and Parks departments have very unique projects, the
departments combined the projects into a single grant application to prevent city projects
from competing for the same funds and we were awarded the $500,000 maximum.
The Public Works department proposes a LED street light conversion project of city owned-
street lights. The total project cost is approximately $2,620,000 with $375,000 of the grant
applied to the LED project; the other $125,000 is for energy efficient equipment for facilities
managed by the Parks Department.
BeMiller stated that if the Public Works committee approves, the inter-fund financing will be
heard by Operations Committee on April 7 and, if approved by Operations, then moved to
Council on April 21.
Information Only/No Motion Required
Item 6 — Information Only/Fuel Island Disposition:
Fleet Superintendent, Ron Green gave a brief PowerPoint presentation showing current
conditions of the fueling island located at our Russell Road maintenance facility. The majority
of city-owned vehicles and equipment are re-fueled at our Russell Road maintenance facility.
Green stated the facility has been located there since the early 1970's and the underground
storage tanks were replaced in the mid 1990's.
The existing dispensing equipment is obsolete and is well past its life cycle. Maintenance on
these dispensers has become an issue due to their age and availability of serviceable parts.
The fuel facility does not meet requirements to provide an overhead canopy covering the fuel
islands to reduce and contain contaminants from storm-water runoff. Replacement of the
existing facility at the Russell Road facility needs to be completed soon.
Staff is working on a financial analysis to fund replacement of the existing facility and/or
looking at other refueling options. We will return to Committee with our results.
Information Only/No Motion Required
The meeting was adjourned at 4:41 p.m.
Cheryl Viseth
Council Committee Recorder
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5
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: April 13, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: April 20, 2015
From: Ken Langholz, Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement with ICF Jones & Stokes, Inc. for
the Wetland Delineations Plan for the South 224th Street Project
Motion: Move to recommend Council authorize the Mayor to sign the
Consultant Services Agreement with ICF Jones & Stokes, Inc. in an amount
not to exceed $38,906.47 to provide wetland delineation and preparation of
a wetland mitigation plan for Phase 1 of the South 224th Street
Improvement Project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
Summary: The purpose of the South 224th Corridor project is to provide an improved
transportation corridor between the Kent Valley and the Kent East Hill. Ultimately, the
project will connect the South 228th Corridor at East Valley Highway in the Kent Valley
to State Route 515 (Benson Highway) at SE 216th Street on the Kent East Hill.
The project is divided into three phases. Phase I will include the construction of a bridge
over SR 167. Phase II will include improving 88th Avenue South and South 218th
Street as it extends up the East Hill. Phase III will include improving and widening the
remainder of South 218th Street, 98th Avenue South and South 216th Street.
The proposal before the committee concerns wetland delineation and preparation of a
wetland mitigation plan required to support City permitting for the project. The scope
of ICF Jones & Stokes' services is described in detail in the attached scope and budget.
Exhibit: ICF Jones & Stokes, Inc. Consultant Services Agreement
Budget Impact: Funding for this contract will come from South 224th Street Project
Funds, which includes $10-million from the Transportation Improvement Board (TIB)
and roughly $9-million from Local Improvement District #363.
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7
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
ICF Jones & Stokes, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the laws of the State of
Delaware, located and doing business at 710 Second Ave, Suite 550, Seattle, WA 98104.
Phone: (206) 801-2800/Fax: (206) 801-2899 Contact: Torrey Luiting (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:
Consultant shall provide a conceptual mitigation plan to the City to support City
permitting associated with unavoidable impacts to wetlands as a result of the South
224th Street Project.
For a description, see the Consultant's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by May 31, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Thirty Eight Thousand Nine Hundred Six Dollars and forty seven cents
($38,906.47), 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)
8
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)
9
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)
10
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)
11
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:
Torrey Luiting Timothy J. LaPorte, P.E.
ICF Jones & Stokes, Inc. City of Kent
710 Second Ave. Suite 550 220 Fourth Avenue South
Seattle, WA 98104 Kent, WA 98032
(206) 801-2800 (telephone) (253) 856-5500 (telephone)
(206) 801-2899 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field.You may enter the electronic filepeN where the contact has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
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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
13
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
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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
15
EXHIBIT A
SCOPE OF WORK
Conceptual Wetland Mitigation Plan
South 224th Street Project
City of Kent Public Works Department
Statement of Work
Per the request of the City of Kent Public Works Department (CITY), ICF Jones & Stokes, Inc. (ICF)
has prepared this scope of work (scope)to provide a conceptual mitigation plan to the CITY to support
CITY permitting associated with unavoidable impacts to wetlands as a result of the South 224th Street
Project(Project).
The services to be provided include wetland delineation and preparation of a wetland delineation report
for the anticipated wetland creation site (i.e. vacant land located just east of 22303 84th Avenue S. —
between the hotel and the storage unit), wetland delineation of the anticipated wetland enhancement
site (i.e. undeveloped parcel #7757800181 east of Highway 167 between 2181h and 2121h Street),
development of a conceptual compensatory wetland mitigation plan document and design plans, and
associated coordination with the CITY and local, state, and federal regulatory agencies.
This scope describes the Tasks and Sub-Tasks to be accomplished by ICF and summarizes the
assumptions and deliverables under each Task.
The scope includes the following Tasks:
• Task 1: Wetland Delineations
• Task 2: Wetland Mitigation Plan and 65% Plans for Permit Submittal
• Task 3: Project Management and Client Coordination
A description of each Task and Sub-Task to be completed by ICF under this scope is presented below.
This project will be billed monthly on a time and materials, not to exceed basis. Budget may be shifted
between tasks, but shall not exceed the total budget amount of$38,906.47.
The work and/or deliverables associated with this scope of work may evolve as the tasks are
completed, particularly once site conditions at the potential mitigation sites are determined. Should the
CITY determine that a change is warranted, the work to be completed and the deliverables to be
developed under this scope of work can be modified if mutually negotiated between the CITY and the
ICF
Task 1: Wetland Delineations
1.1 Wetland Delineations
ICF wetland biologists will review available project information, aerial photography, the U.S Fish and
Wildlife Service's National Wetland Inventory, City of Kent wetland inventory, the UGSG 7.5-minute
quadrangle, publically accessible aerial photos viewable on GoogleEarth, and the 2011 ESA Wetland
Technical Report, to identify potential wetlands and other potentially regulated waters of the U.S. within
or adjacent to two locations: 1) the approximately 1 acre of vacant land located just east of 22303 84th
Avenue S (i.e. the anticipated wetland creation site), and 2) the approximately 3.3 acre emergent
portion along the western side of the approximately 13-acre undeveloped parcel located north of 2181h
Street and south of 212th Street, east of Highway 167 in Kent (parcel#7757800181)(i.e. the
anticipated wetland enhancement site).
I
1 Prepared April 6,2015 !i
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Following completion of this review of background information, ICF will conduct one (1) approximately
12-hour wetland delineation (field time for two [2] wetland biologists) including both properties.
Once the field delineation is complete, ICF will complete the Corps data forms to document the field
conditions relative to the field findings and the determination of the presence and condition of
jurisdictional wetlands and waters of the U.S. identified within the two sites.
i
ICF will classify the wetlands based on the on the recently updated 2014 Washington State Wetland
Rating System for Western Washington published by the Washington Department of Ecology and use
this information in Task 2 below to describe the functions of the wetlands (if present) under existing
conditions and the possible uplift in function which could be accomplished by enhancement or
rehabilitation as a mechanism of compensatory mitigation.
Each site will be evaluated to determine if its size is sufficient and how it could be designed to provide
sufficient area to mitigate direct wetland impacts and buffer impacts from the Project. Mitigation ratios
will be based on the Corps/Ecology 2006 guidance and be consistent with the Kent Municipal Code
Section 11.06.660 Compensating for Wetland Impacts.
Assumptions:
• Delineation is limited to the two sites described herein, as selected by the CITY.
• The CITY will secure access to each potentially suitable mitigation site, in advance of ICF
conducting delineation work.
• One 12-hour day in the field will be sufficient to complete the wetland delineation for the two
mitigation sites, including travel and field preparation.
• ICF will hang flags along the delineation boundary and at the location of the data plots. The
CITY will have the points professionally surveyed. ICF does not provide professional land
surveying services.
• The CITY will provide topographic data for both sites, or will arrange for topographic survey to j
be completed in order for ICF to complete Task 2.
• The CITY will provide a complete project description prior to the field survey.
• This scope does not include protocol-level specific plant, wildlife, fish, amphibian, or bird
surveys, or a tree survey.
Deliverables:
• Sketch map of wetland delineation flags sent to CITY for professional land survey.
Task 2: Wetland Mitigation Plan and 65%Plans for Permit Submittal
2.2 Preparation of Mitigation Plan Document for Permit Submittal
Per the requirements of the Corps and Ecology and the CITY, a Wetland Mitigation Plan document will
be prepared to describe the mitigation proposed for Project impacts. The mitigation plan document will
contain the following information:
• Brief summary of the conditions of the impact wetlands (as per the 2011 ESA report).
Information regarding the impact wetlands and their functions are a necessary component of
the mitigation plan preparation because the Corps and Ecology require that the specific
functions of the impact wetlands be replaced by the mitigation sites.
• Summary of existing conditions at each mitigation site, based on results of the delineation
and functional assessment completed in Task 1, including existing wetland acreage; wetland
2 Prepared April 6,2015
17 �I
category; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions;
and topographic data.
• Wetland inventory maps (including a copy of the city of Kent wetland inventory map).
• Type and amount of mitigation proposed at each site (e.g. creation, rehabilitation,
enhancement or a combination of these techniques).
• Description of clearing, grading, construction, and plant selection and plant schedule at each
mitigation site
• Proposed performance standards to document development of the mitigation sites and to
ensure success of the mitigation.
• Proposed monitoring frequency, duration, and protocols to document development of the
mitigation sites and to ensure success of the mitigation.
• Up to four figures depicting site conditions at the mitigation sites, per the Ecology rating form
requirements, which will document the nature of the wetlands and illustrate the type(s) of
mitigation proposed for each site.
I
Deliverables:
• Draft Wetland Mitigation Plan for CITY review [electronic copy of WORD document for track
changes]
• Final Wetland Mitigation Plan [electronic copy of compile PDF for submittal by the CITY]
Assumptions:
• The CITY will provide topographic information for both mitigation sites in format importable into
CAD, either from ground survey or LIDAR. This information is necessary to prepare the grading
plans for each site.
i
• The CITY will provide baseline information regarding hydrology of any known wetlands and
surface waters located on each of the potentially suitable mitigation sites and any existing
information regarding such features, as well as information to indicate the property boundaries. j
• Conditions relative to the impact wetlands will not have changed significant since the 2011 ESA
Wetland Technical Report— information regarding the impact wetlands and their functions are a
necessary component of the mitigation plan preparation because the Corps and Ecology require
that the specific functions of the impact wetlands be replaced by the mitigation sites.
• Wetland impacts will be determined as per the CITY's JARPA application; to be provided to ICF
by the CITY.
• A new Wetland Technical Report addressing the impact wetlands for the 224`h Street project is
not included in this ICF scope.
• One round of-CITY-review and-consolidated-comments from the CITY will be,provided to the
ICF. Suggested changes to the text of the Mitigation Plan will be submitted to ICF electronically
in track changes in the WORD document.
i
• CITY will submit the Final Mitigation Plan to the Corps and Ecology and to the Kent planning
department as part of the project's permit application.
2.2: Preparation of 66% Plans for Permit Submittal
ICF will prepare draft plans equivalent to a 65% design submittal for the two selected mitigation sites.
The 65% plans will be consistent with the Mitigation Plan documentation completed in Task 2.1. The
65% plans will include plan drawings, cross sections, and project details at a 65% level of completion,
suitable for permit submittal.
ICF will prepare mitigation plan drawings that:
• Will include plan view and cross sections indicating areas of excavation, fill and planting.
3 Prepared April 6,2015
18
I
Will include estimated quantities of excavation and/or fill
® Will include a plant list, including quantities and typical planting detail.
Include site preparation, grading, erosion control, planting, and irrigation for each of the two
mitigation sites;
Are consistent with the overall project standards for drawings and details;
Have a drawing scale appropriate to communicate the physical relationships of design elements
(i.e., V=20');
Have a sheet scale standardized to 22"x 32" (assumes 19 sheets total); and
Are prepared using AutoCAD Civil 3D software.
Deliverables:
® Electronic PDF copy of the draft 65% plans. The 65% plans will include half-sized drawings, as
described above.
® Electronic PDF copy of the final 65% plans, following receipt and incorporation of CITY review
comments.
Assumptions:
The following items will be provided by the CITY to aid in the mitigation design:
CITY will provide a template for the AutoCAD standards or indicate that ICF should use our
internal CAD standards for design.
Base map features will be provided by the CITY, including but not limited to, updated existing
topography, all utilities, proposed and existing site features and roadway improvements, and
high resolution digital imagery.
Geotechnical reports, including groundwater information as available.
® Site-specific hydrology and hydraulic reports- if available.
The following are not included in this scope of work, but can be added subsequently at the appropriate
stage of the project:
• Technical specifications, 95%, and 100% design, and construction cost estimates will not be
prepared under this scope of work because the nature and level of regulatory agency comments
and permit conditions cannot be anticipated at this stage of the project. Such comments and
conditions may require changes to the 65% design.
® ICF can prepare technical specifications and construction cost estimates including unit costs for
the CITY upon request, after regulatory agency review has been completed.
Task 3: Project Management and Client Coordination
ICF shall prepare monthly progress reports identifying work completed during the invoicing period,
invoicing period hours, period labor costs, period direct expenses, status of Tasks, and, if Tasks are
behind schedule and/or over budget, how the ICF shall address these issues and bring them back into
compliance with the contract. The progress reports will also identify any outstanding issues or
foreseeable issues that are of concern.
ICF project manager, project director, and financial administrative assistant will be responsible for
administering the contract, scheduling resources, handling team communication (both internally and
with the CITY), responding to requests for information, preparing invoices, tracking budget, and related
project management and administrative tasks.
This task includes staff time for telephone calls and emails directly between CITY, regulatory agency
staff, and ICF to advance the project as needed up to the level indicated in the cost estimate (up to 6
hours for the regulatory specialist over the course of the project).
4 Prepared April 6,2015
19
Deliverables:
• Monthly progress reports and invoices and related budget coordination by email or phone.
• Emails and meeting notes regarding project status, questions, and decisions.
Assumptions:
• The CITY will lead the permitting process for the Project and will loop ICF into discussions with
the regulatory agencies if needed, up to the level of effort indicated in the cost estimate.
• This scope of work will proceed generally according to the below schedule, and will last no more
than 12 months (April 2015 through April 2016).
• Not more than 1 hour per month for the project manager for invoicing and one-half hour per
month for the financial assistant will be necessary to comply with CITY invoicing requirements
• This scope does not include field verification with the Corps, Ecology,WDFW, or City of Kent
Planning Department.
• This scope does not include preparing any permit applications or obtaining any permits.
• This scope of work does not include Washington State Environmental Quality Act (SEPA)
documentation or preparation of local permit application materials beyond the Wetland
Technical Report and Mitigation Plan documents for the mitigation areas.
Schedule
ICF would begin work as soon as the signed contract is received (anticipated by end of April 2015) and
extend through the submittal of reports defined in this scope of work. Tasks associated with this scope
of work would generally occur according to the following anticipated timeline.
Schedule extension due to unanticipated delays [e.g. contracting, project design, agency concerns]
may result in any unanticipated delays in the timeline presented here and a potential for increased
costs.
Task Anticipated Schedule
Task 1 --Wetland April andMay 2015
Delineations
The Wetland Delineation will be completed within approximately 30 days
of signed contract
Task 2—Wetland Mitigation June and July 2015
Plan and 65% Design for
Permit Submittal The draft Mitigation Plan will be completed within approximately 60 days
of completion of the wetland delineation.
Task 4— Project Ongoing
Management and Client
Coordination
5 Prepared April 6,2015
20
i
Table 1. Cost Estimate for City of Kent South 224th Street Wetland Mitigation Plan
prepared by Thin,4]d2m5,based on CR/requenh reduce Production Stiff
£mpbyee Name 6noaTyC Ludin9V KuxlenskyM EddG Man,A IanleK
Protect Regina.I Visa,' Reseed,I Reawrallon Leni—, firanciel
PeysGRNe Manager speaalot elcMH151 Ely let Doayncr Amh➢wt admin i.
Assoc Direct
Tack Labor ClaSLFadbn Sr Cal III Vne Consur Sr Consullll Sr COnsukl Conalk ll Sr ConsWll 6o61olel Edtor Puh Spec Admin Tech Subtotal laborT6lal Fs macs TGEI Pdse
Taikj_WcI Delineations, 26 ' 20 J W5]6 50 $65/6
fi ltld l tl dl tl Ib rtu Ib if d 1 T42 §0 [ So $0
T ki Weil dR1 H2 h PI (o P mIIBW IMgi.� x : EO 0 :�: $0
.. $ { + $
T k21P p 6 1111 r1at P D 1 2 28 65 40t E13946 0� 6 b1996 bi§942
T k22P p 0 65%P! 6 1 2+ 5 .. 2i T k3 1 Piof.bt hla.t9¢Inp Htl CI rYC d 1 <. .._ _. t1 6
, Wtt. '32 $12538 } 1i l 0 6t?N6
....$]30 E353D
moeinIl ta,lalmene am,x cnmdnahon wM dent
i i ...................... .................... ..................
Total Mure 16 84 20 ]B 100 32 S 8 6 ''
Died Salary 2D16 $4876 $48.26 842.39 $Ba36 E2S9] W..21 $eL74 54D.19 53800
Filling Rate=DlreMSide x82013 ERecWe Mul'1v0a 513610 $1a44B $13S]D 51WA4 Vall4 $125M E12.82 E12'.. 512185
Subtotal $2,49753 E8,S0>.66 $?714.06 50409.01 56,63A91 $4.01674 $W 166.91 $566.64 $102026 W29.90 6?]2a]i 530,08462
Direal Expenses
52103 Equipment Rental
62dO6 Travel,Ado,NCIM1 MiMa9e el client 1111 We LST3mllel one laid Walt far dellnsi to intligafion sTes 38 tulles..I $2{S5
olredex oraa subaatzl
6s
Toal doe
$38 SW q'/
D,.xl.d4e1Pl1 n 45 PM ApprevN by Fha—l eL} Kent.1-:nt no,boll,610615'ben').
i
21
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, $2,000,000general
zz
EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
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.
23
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: April 17, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: April 20, 2015
From: Monica Whitman, Senior Transportation Planner
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Federal Way Link Extension City Council
Preferred Alternative
Information Only/No Motion Required
Summary: Sound Transit and the Federal Transit Administration recently published
the draft environmental impact statement for extending Link light rail to Kent/Des
Moines by 2023. The document was released on April 10, 2015, followed by a 45 day
comment period. This comment period will help inform the Sound Transit Board as
they prepare to select a preferred alternative. The Board is scheduled to take action
as early as June 25, 2015.
The purpose of this briefing is to determine if the Public Works Committee would like
to direct Kent Public Works staff to draft a letter or resolution in support of a preferred
alignment (along I-5, SR 99, or a combination of both) and station location, for the
Council's consideration. If so, staff will prepare a document for Committee member's
consideration at the next Public Works Committee meeting on May 4, 2015.
Exhibit: None
Budget Impact: None
24
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25
PUBLIC WORKS DEPARTMENT
�IE* Timothy J. LaPorte, P.E. Public Works Director
1 Phone: 253-856-5500
Reap " Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: April 20, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: April 20, 2015
From: Stella Collier, Environmental Compliance Inspector - NPDES
Through: Mark Howlett P.E., Design Engineering Manager
Subject: Update on Public Outreach for James St Sidewalk Improvement
Project, and Pacific Highway South Landscaped Traffic Medians Project
and Light Rail Extension
Motion:
Information Only/No Motion Required
Summary:
In an effort to gain public input on the James Street Sidewalk Improvement Project and
Pacific Highway South Landscaped Traffic Medians Project and Light Rail Extension the city
created webpages and conducted public meetings to inform, engage, and solicit feedback.
James Street:
On April 9, 2015, the City co-hosted a public meeting with the Mill Creek Neighborhood
Council to inform and receive feedback on the planter strip landscaping options for James St.
Hill. The purpose was to consider options for the replacement of trees that were removed
when the sidewalk was replaced. Approximately 22 members of the public attended the
meeting. We also received 73 feedback comments through the webpage,
www.kentwa.ciov/iameshillsidewalks.
Highway 99:
On April 15, 2015, the City co-hosted a public meeting with the Neighbors of the West Hill
Neighborhood Council to inform and receive feedback on the landscaping options for the
traffic medians on Pacific Highway South. Also discussed was the future of light rail in Kent.
We encouraged the public to submit comments to Sound Transit. Approximately 75 members
of the public attended the meeting. We also received 25 feedback comments through the
webpage, www.kentwa.gov/pachwymedians.
City staff will provide briefings on the two public meetings.
Exhibit: Public Notices
Budget Impact: None
26
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Pacific Hwy 8,200 Notice 27
0
KNT
wl;s,a:i,v oo
Pacific Highway South/WAState
1
Landscaped Traffic Medians Project
Visit www.kentwa.Rov/Pachwvmedians for more
information and to vote on proposed landscaping options
and provide feedback.
You may also call 253-856-5600.
Sound Transit Federal Way Link Light Rail Extension Project
Visit www.federalwlink.org for more information and to provide feedback.
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UUANT TO HEAR FROM YOUI
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30
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31
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: April 13, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: April 20, 2015
From: Todd Hunsdorfer, Conservation Coordinator - NPDES
Through: Mike Mactutis P.E., Environmental Engineering Manager
Chad Bieren, P.E., City Engineer
Subject: National Pollutant Discharge Elimination System (NPDES) Phase
II Municipal Stormwater Permit Annual Report
Motion:
Information Only/No Motion Required
Summary: In March, 2015, staff submitted the City of Kent NPDES Municipal
Stormwater Permit annual report to the Washington State Department of Ecology.
One component of this report was the completion of a Stormwater Management
Program that is now posted on the City's website at http://www.kentwa.gov/npdes.
This presentation is a discussion on the contents of the annual report and the
Stormwater Management Program.
Exhibit: None
Budget Impact: N/A
32
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33
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: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 17, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: April 20, 2015
From: Todd Hunsdorfer, Conservation Coordinator - NPDES
Through: Mike Mactutis P.E., Environmental Engineering Manager
Subject: Critical Areas Ordinance (KCC 11.06) and Flood Hazard
Regulations Code (KCC 14.09) Updates
Information Only/No Motion Required
Summary: The City is scheduled to complete an update to the Kent Comprehensive Plan
by June 30, 2015, as required by the State of Washington Growth Management Act
(GMA). GMA also requires the City to review and update as necessary its Critical Areas
Ordinance (CAO) to be consistent with best available science. All development regulations,
including the CAO, must be consistent with the Comprehensive Plan.
The Growth Management Act requires that the CAO be reviewed periodically for
consistency with state law, federal law, and best available science. Staff worked with
consultants to examine these issues, and make necessary changes. Edits were completed
to improve the clarity of specific definitions and simplify the process of administering the
code.
The CAO protects critical or environmentally sensitive areas: wetlands, fish and wildlife
habitat areas (including streams), geologic hazard areas, aquifer recharge areas, and
frequently flooded areas as regulated under KCC 14.09 (Flood Hazard Regulations).
A public hearing was held in front of the Land Use and Planning Board (LUPB) on April 13,
2015. The LUPB recommended that council approve the revisions to KCC 11.06 and
14.09.While the majority of these codes remain unchanged, several areas have been
updated to comply with state law, federal law, and best available science.
Staff will present the changes made to the existing code.
Exhibit: None
Budget Impact: None