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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 07/06/2015 (3) Public Works Committee Agenda KENT Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair July 6, 2015 4 p.m. Item Description Action Speaker Time Pace 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 June 15, 2015 YES Chair Higgins 3 03 5. 10 Year Inter-Local Agreement with Water YES Mike Mactutis 10 07 Resource Inventory Area (WRIA) 9 6. Consultant Agreement with Tetra Tech for YES Toby Hallock 05 39 Geotechnical Engineering for the Mill Creek Reestablishment Project 7. Consultant Agreement with R2 Resource YES Matt Knox 05 47 Consultants for Mitigation for the Mill Creek Reestablishment Project 8. Information Only/Change Order 40th Ave. & NO Joe Araucto 10 69 42nd Ave. — 2015 Overlay Project 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. z This page intentionally left blank. Public Works Committee Minutes 3 June 15, .2015 Item 1 — Call to Order: The meeting was called to order at 4:05 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher. Item 3 — Changes to the Agenda: None Item 4 — Approval of Meeting Minutes Dated June 1, 2015: Committee member Fincher MOVED to approve the minutes of June 1, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 -Six Year Transportation Improvement Plan (TIP): Senior Transportation Planner, Monica Whitman noted that she would be focusing on the changes that were made since the last meeting. Whitman then gave a brief overview of the TIP. She noted that the TIP is a short range planning document that is required by State Law to be updated annually and is a significant planning tool. Including projects in the Six Year TIP allows the City to look for funding partners and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in a City's adopted Six Year TIP. Whitman went on to state that since the June 1, 2015 Public Works Committee meeting, changes have been made to the introduction of the TIP, and the list of projects was updated to include: • Traffic Signal Management Program • The Bicycle System Improvements Program • Quiet Zone for the Downtown Urban Center • 80th Avenue South Widening Next steps include: • Request to Council to set a Public Hearing date • Hold the Public Hearing • Full Council Consideration/Adoption by Resolution There was discussion about Military Road, it was noted that the project cost to repair Military Road would be upwards of $16 million. Higgins asked for more information on Military Roads condition and cost to repair. Higgins also asked if the work could be done in smaller sections. Staff will get back to the committee. Committee Member Ralph MOVED to recommend the Public Works Committee forward the Draft 2016-2021 Six Year Transportation Improvement Program (TIP) to the full Council and recommend that Council set a date for a Public Hearing. The motion was SECONDED by Committee member Fincher and PASSED 3-0. 1 Public Works Committee Minutes 4 June 15, .2015 Item 6 — Agreement with T-Mobile West LLC for Cell Site in the Right-of-Way: City Engineer, Chad Bieren noted that T-Mobile is a private telecommunications company whose service area includes the city of Kent. T-Mobile has requested that the city grant a permit to use our right-of-way to operate their telecommunications equipment. In accordance with state law, cities may require telecommunications companies to obtain a use permit to operate within the city. The Limited Street License constitutes a use permit and grants T-Mobile the right to operate within Kent's right-of-way for five years. This action is the renewal of the previous license with some amended provisions. If T-Mobile needs to work on its facilities within the right-of-way, they will be required to apply for permits and pay fees accordingly. License fees for each site will be $5,000 per year. The cost will increase annually by four percent (4%) on each subsequent anniversary of the commencement date of the license for each site. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the Limited Use Agreement with T-Mobile 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 7 — Downtown Railroad Ouiet Zone: Finance Director, Aaron BeMiller, and Public Works Director Tim LaPorte, provided background information regarding the potential for a Local Improvement District (LID) to help pay for a railroad Quiet Zone in downtown Kent. BeMiller noted that there are funds available in the LID fund from closed Public Works construction projects, and it is appropriate an appropriate use of the money. Staff will meet with the Mayor to get her thoughts on the best use of funds. We anticipate that the cost for determining whether or not it is feasible to move forward with a LID (a feasibility analysis) would be in the order of $100K or more. This would include consultant fees for an appraiser, noise expert, Quieter Zone expert and staff time. If after review of the feasibility analysis, Council desired to then move forward with a LID for this purpose, a very rough idea of the LID establishment process cost is approximately an additional $200K. LaPorte noted why the name change from Quiet Zone to Quieter Zone, he stated that because it may be determined that we will need to install Wayside Horns due to the various locations. If that becomes the case, the Zone, becomes a Quieter Zone. Committee member Fincher MOVED to AMEND the motion name change from Railroad Quiet Zone to Railroad Quieter Zone. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Committee member Ralph MOVED to AMEND the amended motion and recommend Council authorize the Mayor to sign all necessary consultant contracts not to exceed $150,000, consistent with the cities procurement policy 2 Public Works Committee Minutes 5 June 15, .2015 and direct staff to complete a preliminary analysis determining the potential for a Local Improvement District that would fund a Railroad Quieter Zone subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 8 — Information Only/Stormwater Utility Rate Update: Alex Murillo, Environmental Engineering Supervisor and Kristin Lykken provided a brief summary of current City of Kent stormwater utility rates and a comparison with stormwater utility rates of other local jurisdictions. Staff will come back to the committee in two months with more information regarding the number of commercial detention facility, which properties have paid for a commercial detention facility and what is included in the City of Redmond's discount. Information Only/No Motion Required Item 9 —Information Only/ Kinci County Flood Control Zone District Allocation for the Milwaukee II Levee: Design Engineering Supervisor, Mark Madfai provided an overview of the Milwaukee II Levee noting that the property landward of the existing levee (S. 259th St.) is slightly higher than the 100-year flood elevation of the river; the levee does not have adequate freeboard or meet slope stability requirements for FEMA accreditation. The King County Flood Control District has begun the process of budgeting funding to raise and set back the levee, and city staff will be working with them on this project. Murillo said that $4.0 million has been approved for the Milwaukee II Levee project. Information Only/No Motion Required Item 10 — Information Only/East Valley Highway Update: Item 10 was pulled from the agenda. Added Items: Design Engineering Supervisor, Mark Madfai noted that the Central Avenue Project went to Marshbank Consturction, Inc. in the amount of $5,816,698.14. The Central Avenue South Pavement Preservation and Utility Improvements Project will reconstruct Central Avenue. Improvements will include: • New pavement Sidewalks • New curb and gutter New watermain • Re-lining of sanitary sewer lines 3 Public Works Committee Minutes 6 June 15, .2015 Replacing the damaged sidewalks will require the existing street trees be removed since they are causing the sidewalks to buckle. The trees will be replaced in a future project. Madfai thanked lead designer, Susanne Provencio Smith and the rest of the staff that worked so hard to get this project out the door. Construction is planned to start in July 2015 and be completed by July 2016. The meeting was adjourned at 5:28 p.m. Cheryl Viseth Council Committee Recorder 4 7 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director N Phone: 253-856- 500 w Ww„rt, rE,xti Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: June 24, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Water Resource Inventory Area 9 (WRIA 9) Interlocal Agreement (ILA) Motion: Move to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). Summary: In 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout as threatened under the Endangered Species Act. In 2000, concerned about the need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9 signed an ILA to jointly participate in and fund the development of a habitat conservation plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget Sound Steelhead were subsequently also listed as threatened under the Endangered Species Act in 2007. The local agencies entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The result of the sixteen years of collaboration among the parties and stakeholders is the development and implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in the term of the proposed ILA. The proposed ILA has been updated to reflect the current structure of the WRIA 9 Watershed Ecosystem Forum and clarify some of its purposes and procedures. Ratification of the ILA would continue the City's support for preservation and restoration of salmon habitat in the Green River watershed through the implementing the Salmon Habitat Plan. Exhibit: Interlocal Agreement Budget Impact: None 8 This page intentionally left blank. 9 INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those signing this agreement, "Party", and collectively"Parties"), WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15, WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein, and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop"Making Our Watershed Fit for a King" as approved in 2005 and since amended ("Salmon Habitat Plan"), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans, and WHEREAS,the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 in implementing the Salmon Habitat Plan, and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services, and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act ("ESA"), and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat, and ILA_WRIA9_2016-2025_05-14-2015.docx Page 1 10 This page intentionally left blank. 11 WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management, and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds, and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound, and WHEREAS,the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan, and WHEREAS,the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to health and sustain that health by 2020, and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan, and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions, and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently, and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound, NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA_WRIA9_2016-2025_05-14-2015.docx Page 2 12 Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WRIA 9 ILA Parties and a balance of Stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. The WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the parties to an interlocal agreement for its development and implementation. The Salmon Habitat Plan recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WRIA 9 ILA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 91LA Parties'behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 91LA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016-2025_05-14-2015.docx Page 3 13 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality, water quantity, and habitat. 2.3 To provide information for WRIA 91LA Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.4 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.5 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Project in partnership with the U.S. Army Corps of Engineers. ILA_WRIA9_2016-2025_05-14-2015.docx Page 4 14 2.12 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on-going monitoring and adaptive management of the Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years, provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent or designee, which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA 9 ILA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016-2025_05-14-2015.docx Page 5 15 provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 ILA Parties for action, consistent with other subsections of this section. The appointed representatives of the WRIA 9 ILA Parties shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WRIA 9 ILA Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 91LA Parties. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016-2025_05-14-2015.docx Page 6 16 WRIA 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous ILA_WRIA9_2016-2025_05-14-2015.docx Page 7 17 agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Parties to the WRIA 9 Interlocal Agreement , the WRIA 9 ILA Parties shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 91LA Patties regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The WRIA 9 ILA Patties may authorize additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a technical committee and adaptive management work group. The Watershed Ecosystem Forum shall develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the WRIA 91LA Parties . 6.2 The WRIA 91LA Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the WRIA 91LA Parties for decision. 6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ILA_WRIA9_2016-2025_05-14-2015.docx Page 8 18 ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall undertake a review for consideration of the remanded changes to the plan. The WRIA 9 ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 ILA Parties under this Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WRIA 91LA Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures established and agreed to by the WRIA 91LA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA_WRIA9_2016-2025_05-14-2015.docx Page 9 19 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing WRIA 91LA Parties and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA_WRIA9_2016-2025_05-14-2015.docx Page 10 20 Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. ILA_WRIA9_2016-2025_05-14-2015.docx Page 11 21 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 12 zz Approved as to form: CITY OF AUBURN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 13 23 Approved as to form: CITY OF BLACK DIAMOND: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 14 24 Approved as to form: CITY OF BURIEN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 15 25 Approved as to form: CITY OF COVINGTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 16 26 Approved as to form: CITY OF DES MOINES: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 17 27 Approved as to form: CITY OF ENUMCLAW: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 18 2s Approved as to form: CITY OF FEDERAL WAY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 19 29 Approved as to form: CITY OF KENT: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 20 30 Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 21 31 Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 22 32 Approved as to form: CITY OF NORMANDY PARK: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 23 33 Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 24 34 Approved as to form: CITY OF SEATAC: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 25 35 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 26 36 Approved as to form: CITY OF TACOMA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 27 37 Approved as to form: CITY OF TUKWILA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 28 N 0 o Y U y o NO E m M 7 O .0 .i 7 m 0 6I O U (6 U > c N N J O O m 0 y .� EE ° F z Q a ur s >O ami a�i m `o a�i ami ami p J � Q Q Co CO U o W I Y Y Z IT (n U) F F Q N M V N 0 M O N M V 0 0 j 0 a N m 0 V 0 M V N M 0 M N O O O Y Q M M N N 0 N M I� O M 0 N V O N (V N U M NQ N NM N 0 0 MN00 � N ' 2 Ev (» (» (» (» (» (» (» v� i» Q d * n rn L O N o N Q Q O N a� Q > > .o +' l6 m L (6 .N 0 d o 0 0 0 0 0 0 o N o o o N o 0 EO N > L a� V Q °� N o ro o M 0 rn ". 0 m ro N o o m 4 S 00 V N N O N N O Co N N M O F .4(� 0 � O O O M O I� M N I� M I� N W O Q O > O O N N O 0 M N I� M N 0 0 0 N 0 w Q U M O M O M O M M V M 0 N W I, i r VI 00 O V I� 0 M V M M M m m W 0 M -6 (0 Vl d M N M M I� m M O I� M O 0 O O m M 3 m 7 U N V O co co M N M co 6V CD N O U N .� 'O a N m X U) L Q N O m O X O N N o ° a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 >_ l6 0 I N 0 O M N M V I� N N N O N O m 0 h N = 0 M M r r O O M M I r M O 0 O O !6 Q O N N O M m N = O N = m N O Z O X a C N w U C 00 N m 0 0 0 M N O O O O M V m Y Q Q O O M M M O O N O O O O I V 0 M M 0 N = 0 0 V 0 0 0 O r 0 N m �p C Q M N M M N M V N M M O I M V m 0 w N N O N 0 V M O O M N 0 0 N V N 0 0 Z �p O 'O M V M O 0 = M = = V N M M N M m m N N r r- M N (O V N co (O (O co W W M V (O V U ->, V� W = M 0 0 M O 0 M W = 0 m O N O Q M N M M I� N M O N M N N m 0 O Y !6 N O Q Ev Ev (» s S = ° E m O o Q o 0 0 0 0 0 0 0 o 0 0 0 o m m ° w U .0 N N N d o O N 0 N O O O r N 0 W O O U m '6 Vl M C) U O N O N N O 0 0 V N M O Q U w w > Q a Q > 6I m m N C V d Q d O (U M O O O M N N O O 0 0 0 M O _ m @ 'O N W 0 (O O M N M M O O N Y E O 5 !6 •1 N N W O O M W 0I� N N V N N N N O - N Q > Y O V V I� M V O O (O O N O M N O UI Q 70 h a0 V V N 0 O M N Z N (>6 m O !6 O oa > � � U N L O Q 0 Q Q N L o m O + QC ° ' 0 0 0 0 0 0 0 0 0 0 0 aG 0 0 0 0 w � C —CLi,tn NO NO N WV 0 N MO O CO 0 O y CL O W OVM N N N N O0 O 0 N OO n N C mLL o w0 a N m -!O6 o U d Q E O Y m C o tr C _ LLJom+�W U) o U ui M wo yWa) 0 o Um m > w wm ° O a Oaaa rJ/1 a Y Q W QQ CO CO U 0 W LL Y Y ZIr (n (nF W x N r rn N m 0 c X LJ� GyI O C tY6 N M V N O M W O N M V N O H H OO OO a o O U o > W ^� LL O 0 , QNNQw z h Z m o « 39 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: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Toby Hallock, P.E., Environmental Engineer 2 Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with Tetra Tech, Inc. for Geotechnical Engineering for the Mill Creek Reestablishment Project Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $27,045 to evaluate and provide recommendations to improve culverts along Mill Creek, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. Summary: The Mill Creek Reestablishment project consists of removing accumulated sediment throughout the creek channel in order to restore the original grade of the creek. The accumulation of sediment is one reason there is flooding along Mill Creek in the Kent Valley. In researching the creek and its culverts, we have determined that two culverts are at higher elevations than directly upstream areas. This causes water to back up and increases the risk of flooding during rain events. This consultant services agreement will allow Tetra Tech, Inc. to evaluate the two culverts and the surrounding areas and make recommendations to alleviate the potential problems caused by the elevated culverts. One of the culverts is under a driveway at the Chandler's Bay Apartment complex off of Central Avenue North. The other is a Union Pacific Railroad culvert near 76th Avenue South. Improvements at and near these two culverts, in addition to other improvements related to this project and other current storm drainage work in the valley will help reduce the risk of flooding. Exhibit: Tetra Tech Scope of Work and Fee Proposal Budget Impact: This project was included in the 2015 budget so there are no additional budget impacts. 40 This page intentionally left blank. 41 Exhibit A CITY OF KENT/Tetra Tech, Inc. Mill Creek Reestablishment-Culvert Structural Evaluation SCOPE OF WORK Project Objectives The purpose of this analysis is to evaluate specific options for modifying two culverts within lower Mill Creek located in the City of Kent and provide preliminary recommendations. The subject culverts currently have flow lines that are higher than the inverts of the culverts directly upstream. The modifications to be considered in this evaluation are intended to lower the flow lines within these two culverts: • Culvert 5, at Creek Mile 4.52, passing beneath the driveway entrance off Central Avenue to the Chandler's Bay Apartment complex • Culvert 17, at Creek Mile 3.22, passing beneath the Union Pacific Railroad (UPRR) tracks This analysis will involve field work, a visual assessment of current culvert conditions, development of options to lower the flow line in each culvert, and preparation of preliminary capital cost estimates. Findings and recommendations will be provided to the City in a technical memorandum. Task 1 Project Management The CONSULTANT shall provide overall project management, administration and coordination of activities necessary for completion of the work. 1.1 Schedule The CONSULTANT will prepare and submit a baseline project schedule to the CITY that details activities and clearly displays the critical path elements of the work. The schedule shall be updated on a monthly basis by the CONSULTANT. It is anticipated that the work can be completed within 60 calendar days from authorization to proceed. 1.2 Coordination Meetings Two coordination meetings are assumed for the duration of the project. The CONSULTANT shall prepare the agenda and the meeting minutes. The first of the two meetings will be the project kickoff meeting. 1.3 Invoicing, Progress Reporting and Periodic Communications The CONSULTANT shall prepare monthly invoices and progress reports for the duration of the project in accordance with the terns of the contract. The CONSULTANT shall also submit periodic communications to the CITY project manager via email. These are informal communications outlining current work elements and issues. 6/19/2015 1 Mill Creek Reestablishment Culvert Structural Evaluation 42 1.4 Project Coordination The CONSULTANT will coordinate with the CITY and project team members as required to conduct necessary work and maintain project schedule. 1.5 QA/QC The CONSULTANT shall perform senior engineer reviews on all reports and plans prior to submittal to the CITY. Task Deliverables: • Schedule/Updates • Agendas • Meeting Minutes • Invoices • Progress Reports • Periodic Communications • QA/QC Checked Documents Task 2 Field Reconnaissance and Observations Report CONSULTANT will review existing documentation provided by the CITY and review other relevant available information in preparation for field reconnaissance. Information to be provided by the CITY will include, as is available: • Survey information on culvert invert elevations along Mill Creek • Topographic information (from instrument survey and/or LiDAR) at culvert sites and upstream and downstream reaches of the creek • Fish utilization data for reaches of Mill Creek • Geotechnical reports/data at culvert locations • Construction drawings for culverts • Post-construction dimensional data, inspection reports, condition assessments • Culvert construction and/or stream maintenance permits within the affected reaches of Mill Creek • Reports, studies, permitting documentation related to the Mill Creek Reestablishment Project. CITY grants to CONSULTANT right-of-entry to the Culvert 5 site. CONSULTANT will conduct a site visit to investigate the existing conditions at Culvert 5 and Culvert 17, document relevant features at the culverts and in the immediate upstream/downstream reaches of the creek, and characterize features relevant to potential options for lowering the flow lines through the culverts. Site reconnaissance team will include the following discipline expertise: civil/construction, hydraulic/fish passage, structural, geotechnical. Visual inspection of the interiors of culverts is subject to site accessibility and the ability to view the culvert interiors without the need for specialized equipment or confined space entry support. 6/19/2015 2 Mill Creek Reestablishment Culvert Structural Evaluation 43 This work will rely on existing topographic information provided by the CITY, and no additional survey will be performed. CONSULTANT will prepare and submit to the CITY a brief memorandum summarizing key observations from the site visits regarding the structural, hydraulic and fluvial conditions at the culverts and in the upstream/downstream reaches. Review comments on the technical memorandum received from the CITY will be incorporated into the draft project technical memorandum to be prepared under Task 3. Task 2 Deliverable: • Memorandum documenting field observations and conditions. Task 3 Culvert Modification Alternatives Analysis CONSULTANT will develop conceptual designs for modifying the culverts to lower the flow lines through the culverts and in the adjoining stream reaches. These designs will encompass the following options: For Culvert 5: • Excavate the stream bed through the culvert and construct new foundations to support the culvert structure • Excavate the stream bed through the culvert and support/strengthen the existing foundations supporting the culvert structure For Culvert 17: • Remove the large cobble matrix from the culvert invert to lower flow line to box culvert invert elevation For each alternative, CONSULTANT will evaluate the conceptual design for constructability, extent of channel regrading, capital costs, implications for fish passage (applying WDFW protocols), and on hydraulic capacity through the respective culvert. CONSULTANT will prepare a technical memorandum presenting the alternatives for each site, summarizing the evaluation of each alternative, and providing recommendations for advancing proposed improvements. Task 3 Deliverables: • Draft project technical memorandum • Final project technical memorandum Supplemental Services 6/19/2015 3 Mill Creek Reestablishment Culvert Structural Evaluation 44 The CONSULTANT shall provide additional services required to complete the project, as requested by and authorized by the CITY under amendment to this Agreement. Such services may include, but are not limited to, the following: • Surveying • Hydraulic analysis • Geotechnical exploration • Structural analysis/testing • Permitting support • Preliminary design • Final design • Construction services 6/19/2015 4 Mill Creek Reestablishment Culvert Structural Evaluation Ln .) \ C� Ili § _ : a *. W : ! {] , , - ; y ; < P4 \ ) ) \ : _ - - - - - - - - - 46 This page intentionally left blank. 47 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: June 2, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Matt Knox, P.W.S., Environmental Ecologist Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with R2 Resource Consultants, Inc. - Design a Wetland Mitigation Plan for the Mill Creek Reestablishment Project Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project. This agreement will be subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. Summary: The Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S. 204th Street and W. Smith Street to reduce flooding and drainage issues. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. This contract will hire R2 Resource Consultants, Inc., to design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). Exhibit: Consultant Services Agreement with R2 Resources Consultants, Inc. Budget Impact: No unbudgeted funds will be required. The contract will be paid through the Stormwater Utility Fund. 48 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and R2 Resource Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 951h St., Redmond, WA 98052-2518, Phone: (425) 556-1288/Fax: (425) 556-1290, Contact: Kevin Fetherston (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 assist the City with development of the Mill Creek Reestablishment Wetland Mitigation Plan. 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 March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Six Thousand, Three Hundred Nineteen Dollars ($76,319.00), 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. 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 49 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 50 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 51 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 52 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: Kevin Fetherston Timothy ]. LaPorte, P.E. R2 Resource Consultants, Inc. City of Kent 15250 NE 951h St. 220 Fourth Avenue South Redmond, WA 98052-2518 Kent, WA 98032 (425) 556-1288 (telephone) (253) 856-5500 (telephone) (425) 556-1290 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department R2 Resource-MIII Creek/Knox CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 53 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 54 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 55 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 56 Mill Creek Reestablishment Wetland Mitigation Plan Scope of Work j Prepared for. City of Kent i Prepared by: R2 Resource Consultants, Inc. 15250 N.E. 95th Street Redmond, Washington 98052 i June 8, 2015 i i 57 Scope of Work City of Kent CONTENTS SCOPEOF SERVICES.......................................................................................................... 1 TASK 1 —LITTLE PROPERTY JURISDICTIONAL WETLAND DELINEATION &WETLAND TYPING............... 1 TASK 2—WETLAND MITIGATION PLAN DEVELOPMENT......................................................................2 Subtask 2.1 —Plant Community Characterization and Mapping.......................................................3 Subtask 2.2—Wetland Mitigation Design Alternatives......................................................................3 Subtask 2.3—Mill Creek Channel Relocation Preliminary Design—Geomorphic and HydraulicAnalyses..............................................................................................................4 Subtask 2.4—Wetland Functional Analyses— Impacted Mill Creek and Little Property Wetland Mitigation..........................................................---........................................... ... 5 TASK 3—TECHNICAL GUIDANCE—REGULATORY PERMITTING AND MITIGATION PLAN CONSTRUCTION PLANS AND SPECIFICATIONS...................................................................................................6 TASK 4—PROJECT ADMINISTRATION...............................................................................................7 SCHEDULE........................ ...................... ............ .......... ............................... 7 BUDGET................................................................................................................................. 7 I I I I I I R2 Resource Consultants,Inc. June 8,2015 58 Scope of Work City of Kent I Scope of Services j The City of Kent(City)has requested that R2 Resource Consultants (R2)prepare a scope of work (SOW) and budget to assist the City of Kent project manager with development of the Mill Creek Reestablishment Wetland Mitigation Plan. R2 will provide the following services: 1 . Update the wetland delineation of the "Little Property." 2. Assist the project manager in designing a wetland mitigation plan (the Plan) to compensate for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed to meet both federal wetland mitigation and City of Kent Critical areas requirements,Kent City Code Chapter 11.06 ("Critical areas"). 3. Provide technical guidance to the City with preparation of environmental regulatory pen-nit documents and technical review of wetland mitigation construction documents and specifications. The following SOW provides descriptions for each of the tasks, including assumptions, deliverables, schedule, and budget. Task 1 - tittle Property Jurisdictional Wetland Delineation & Wetland Typing R2 Professional Wetland Scientists (PWS)will conduct an on-sitejurisdictional wetland delineation of the approximately 20-acre Little Property site owned by the City. The wetland delineation, to be submitted to the U.S. Army Corps of Engineers (Corps), Seattle District, will be conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and the Regional Supplement to the Corps of Fngmeers Wetland Delineation Manual Western Mountains, Valleys, and Coast Region, Version 2.0 (May 2010). The wetland delineation will be conducted, and wetland delineation report developed,by R2 in accordance to the wetland delineation recommendations put forth in the Corps, Seattle District, document Components of a Complete Wetland Delineation Report(January 20, 2011). Based upon the findings of the wetland delineation R2 will conduct a wetland typing of the Little f Property wetlands using the Washington State Wetland rating System for Western Washington: 11ruby, T. 2014. TTJashington State Wetland Rating System for Western Washington. 2014 Update. (Publication 914-06-029). Olympia, WA: Washington Department of Ecology. Assumptions • 'the City will provide R2 with a legal survey plat of the Little Property site for field work. P2 Pesource.Consultants,Inc. 1 June 8,2015 59 Scope of Work City of Kent i • The City will provide R2 with most recent ortho-rectified aerial photography in electronic (Shape file)format. • The City will provide on-the-ground flagging of Little Property legal boundaries where necessary for R2 field crew to delineate only City property (adjacent to private properties). • The City will conduct a legal survey of the wetland delineation boundary flags, including wetland sample plots,within seven (7) days of R2 finishing the on-site flagging. This schedule is recommended to prevent loss of work due to wetland boundary flagging vandalism(removal or movement of flagging by the public). • The City will provide to R2 a final wetland boundary and property boundary map projected on a recent ortho-rectified aerial photograph in Shape file and CAD formats. The map will include surveyed wetland boundary and wetland sample plot flagging locations. Defiverables • On-the-ground jurisdictional wetland delineation of the Little Property. Wetland boundary will be staked/flagged with lx2x48" wooden stakes and vegetation where appropriate. Representative paired (upland/wetland)plots will be similarly staked/flagged. • Weiland delineation report including all report elements outlined in Corps, Seattle District, document Components of a Complete Welland Delineation Report(January 20, 2011). Task 2 - Wetland mitigation Plan Development R2 will develop, with the City project manager, a wetland mitigation plan (the Plan)that adequately compensates for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed meet mitigation requirements as determined by the Corps, Seattle District, and City Critical Areas Code Chapter 11.06. The wetland mitigation plan will include elements recommended in the inter-agency (U.S. Army Corps of Engineers and Washington State Department of Ecology) guidance document: Washington Stale Departmentgf Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. F,nvironnnental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington State—Part 2. Developing Mitigation Plans (Version 1). Washington Stale Department of Ecology Publication 806-06-011 b. Olympia, WA. I I R2 Resource Consultants,Inc. 2 June 8, 2015 60 Scope of Work City of pent R2 will prepare the Plan,with City review, in three phases: (1) conceptual mitigation plan design for federal and state agency review, (2)Draft Mitigation Plan upon approval by federal and state agencies of the conceptual mitigation plan, and (3)Final Mitigation Plan for JARPA submittal upon approval by the City. A pre-application meeting will be held with federal and state agencies to review, and get approval of, the conceptual mitigation plan, including compensatory mitigation ratio, before R2 proceeds with the Draft and Final Plans. The Corps will require a wetland functional analysis of impacted wetland and mitigation wetland j functions to determine the amount of compensatory wetland mitigation required for the Mill Creek Project impacts. R2 recommends discussing the type of wetland functional analysis to be used for the Mill Creek project with the Corps before implementing the functional analysis. For example, the Washington Department of Ecology has developed the Credit/Debit method for calculating compensatory mitigation in the State of Washington in the document: Hruby, T. 2012. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Report, March 2012. Washington State Department ofEcolo,�D;publication 910-06-11. Subtask 2.1 - Plant Community Characterization and Mapping A plant community characterization and mapping for the Little Property will be conducted during the wetland delineation field work (Task 1). Plant communities on-site will be mapped as individual polygons through aerial photographic interpretation and GPS on-site mapping. Plant community type descriptions—including species lists, aerial cover, soils types and general hydrologic conditions—will be collected in the field. Plant community, soils and hydrology characterizations and description is a necessary step in developing the vegetation restoration/enhancement design for the wetland mitigation plan. Subtask 2.2 - Wetland Mitigation Design Alternatives R2 will develop two alternative conceptual wetland mitigation design sketches for the Little Property site prior to conducting hydraulic modeling and detailed plant community restoration/enhancement and channel designs. The preliminary sketches will be presented and discussed with the City Team at a meeting. One alternative will be selected to develop into the conceptual mitigation design. Weiland mitigation design will include: plant community restoration/enhancement, geomorphic and hydraulic analyses and channel design. The designs will be presented in CAD format. I R2 Resource Consultants,Inc. 3 June 8,2015 61 .Scope of Work City of Kent Subtask 2.3 - Mill Creek Channel Relocation Preliminary Design - Geomorphic and Hydraulic Analyses R2 will use the City's topographic base map to lay out a conceptual channel configuration on the project site involving relocating the channel from its present straightened location. Various conceptual alternative layouts will be discussed, and a preferred conceptual layout identified. A EEC-RAS hydraulic model will be constructed with geometry files for existing conditions and with the proposed project layout, starting upstream of the James Street culvert and ending below the next culvert downstream. Sediment grab samples will be obtained upstream and within the site;the samples will be processed at an accredited laboratory and the results used to define the grain size distribution of the current sediment load to the site and for modeling sediment transport capacity. Scour analyses will be performed for the proposed layout to evaluate the potential for impact to an existing sewer line crossing the site. Soil angering and sample plot pit samples performed for the wetlands delineation will be used to characterize the lower soil horizon profile for guiding the design and identifying geotechnical engineering needs for future design stages. The HEC-RAS model will be used to evaluate flooding extents of the selected layout and erosive forces in the proposed channel,where both attributes will help guide development of the design. Assumptions • A formal SEPA/SRFB/value engineering style alternatives analysis involving developing alternative conceptual designs and cost estimates for each alternative will not be performed. • R2 will provide the City piezometer locations on a City provided site topo map. The City will provide R2 with the site topo map in CAD format. The City will install and monitor piezometers and provide R2 with piezometer measurements for R2 to characterize groundwater levels at the site. • A ILECRAS model constructed by Anchor QEA for the City's Stormwater Plan might be available for use and modification in constructing the existing conditions model. If this is the case, the City will provide copies of documentation of model construction and calibration if such documentation exists. • Hydrologic analyses performed for the City as part of upstream sediment mitigation design and the Stormwater Plan HEC-RAS model have been completed and results can be used to define magnitudes of design floods and low flows in hydraulic modeling of project reach. • Topographic base map, consisting of 1 ft elevation contours, and locations and elevations/dimensions/specifications of all utilities and associated structures (e.g., culverts, and sewer pump/lift facilities, if any) on site will be provided by the City to R2. j R2 Resource Consultants,Inc. 4 June 8,2015 62 i Scope of Work City of Kent j • Any existing reports on hydraulic,hydrologic, and geomorphic analyses of Mill Creek will be provided to R2 by the City. Deliverables • AutoCAD 2015 CAD file with 1 I"x17" scaled sheets depicting: o Cover sheet w/ site map and key to sheets; o Legend, survey details; o Existing site topography and property boundaries,access,utilities; o Proposed channel plan view layout, including predicted extents of 2-, 10, and 100 year flood;the 2-yr flood results will be surrogates for OHW characterizations of the proposed channel; o Long profile along proposed channel centerline, showing predicted flood water surface elevations: o Representative cross-section profiles of the channel and any instream structures, showing predicted low flow and flood water surface elevations; o Plan and sections detailing plant community restoration/enhancement plan including relation to predicted low flow and flood flow water levels as they influence plant community composition and function; and o Conceptual level TESC and onsite water management/dewatering plans. • HEC-RAS hydraulic model of the existing and proposed channels for impact assessment and design. • Enginccr's Opinion of Probable Cost for (i) Concept design construction (scoping level), and (ii) 100%PS&E (Plans, Specifications and Estimate). • Technical Basis of Conceptual Design Memorandum summarizing hydrology, hydraulics including project effects on 100 year flood, geomorphic assessment results, sediment transport characteristics of channel, development of proposed layout, and overview of project element design constraints and approaches. Subtask 2.4 - Wetland functional Analyses- Impacted Mill Creek and Little Property Wetland Mitigation R2 will conduct a wetland functional analysis of both impacted Mill Creek riverine wetlands and Little Property wetland mitigation designs. Upon approval of the Corps, Seattle District, the WADOE Credit/Debit functional analysis approach will be used (Ilruby 2012) to assess both impacts to Mill Creek riverine wetlands and the compensatory mitigation designs. R2 Resource Consultants,Inc. 5 June 8,2015 63 Scope of Work City of Kent R2 will present the selected conceptual wetland mitigation design at an inter-agency meeting to obtain approval for the mitigation design approach. Upon approval by the City, and agencies,R2 will prepare Draft wetland mitigation plan for submittal to the City. Upon City review, R2 will produce a Final wetland mitigation plan. The wetland mitigation plan is not a final construction and planting document. R2 understands the City will produce final construction documents for permit submittal and construction hid process. Assumptions • An inter-agency meeting will be held to present the Mill Creek conceptual mitigation plan. • The City will provide R2 with Mill Creek wetland dclineation report, WA wetland typing document and total area and wetland type of Mill Creek wetland impacts. Deliverables • Conceptual, Draft and Final Wetland Mitigation Plans. i • Tnter-agency meeting with Cotps, Seattle District and Washington Department of Ecology. Task 3 - Technical Guidance — Regulatory Permitting and Mitigation Plan Construction Plans and Specifications R2 will provide the City with technical guidance in preparing the mitigation construction plans and specifications and regulatory permits. This technical guidance will be in the form of (1)two meetings with R2 engineer and wetland scientists and the City Mitigation Plan Team, (2) R2 review of City developed construction sheets, and (3)R2 wetland scientist review of JARPA submittal prepared by the City. Assumptions • The City will develop final wetland mitigation construction plans and specifications. • The City will develop all environmental permits. Deliverables • Two meetings with Drs. Fetherston and De Vries and Mrs.Knox Machata at the City to review regulatory permits and construction plans and specifications. • Brief technical memorandum summarizing regulatory permits and construction plans and specifications R2 review and recommendations. i R2 Resource Consultants,Inc. 6 June 8,2015 i 64 Scope of Work City of Kent i Task 4 - Project Administration Kevin Fetherston will be responsible for project management and coordination with the City project manager. Schedule R2 will provide the conceptual wetland mitigation plan to the City by 60 days following the City's notice to proceed (NTP). Within 45 days of City and agencies approval of the conceptual wetland mitigation plan,R2 will provide the City the Draft Wetland Mitigation Plan. The Final Wetland Mitigation Plan will be, delivered to the City 21 days following R2 receipt of the City's Draft Wetland Mitigation Plan comments. Assumptions During the sketch wetland mitigation alternatives presentation to the City Team, R2 and the City will choose a preferred mitigation design alternative to develop to the conceptual design stage. This is a schedule determining step in meeting the 60 days post NTP conceptual mitigation plan design deliverable date. Budget Project budget is provided on the following page. i I R2 Resource Consultants,Inc. 7 June 8,2015 65 Scope of Work City of Kent rrz neannrne cannrenne,lac Table In. Labor Hours and Costs Da"'Ve"22,2rrls - _ - - City of Kent—Mill Creek Welland Mitigation_. _ TASK02A (SOW SURTASKS TASK 03n TASK 01 2.1,2.2,2.4) (SOW TASK 2.3) TASK 03 TASK04 W efland Delineation& NVOIAnd'lypiag Mfib,stfau Plan Channel Desf Technical _ Pro'ect Admin nonrly _ _ Typing Modeling_ Gold nnce _ TOTAL PERSONNEL Rme nrs/Ce(03 nra/Cst's nrs/Csta$ 11,042sh$ Rrvets$ nrs/Gala$ Pau1D\ ies,Ph.D.,P-h. _ $1SO100 - p - - ll 80- -- ID Fish RlolMSdrolosist -- - '- - -- - KevinFth ,ton,Ph.D. $I]L00 48 45 0 10 40 143 Wetland Ri anan Fcologia - -- - - - JoetlaZablolney $15a 00 0 4 - 0 0 0 -_ 4 GlS hfana r - - Jnd9Rr h ¢idge 4122Up. _.... 0 0 -. - 0 _ 0 Ad uu tracrin9 Kate 6a.xMuch.l.PWS $12200 80 45 0 8 p 133 Wetland Ecolo ist - - Rr»dl Gatlmnum. 5100.00 0 _ 40 40 0 0 80 CARD 6flhrina Yanos -s10000 3 - _-- 0 - 0 - 0 6 Word Pmcessin/Admin. - - ' - --- -- - - _ _ CMIE 'dour, mr $8900 0' 0 80 0 p 80 Civil Engjneer - -- _ -- _ - --- Michell McN.m,ghlin $68.00 p 0 - - Clerical Total Lab or Hours _ 131 137 200 28 56 _ 552 Total L'dbnr Caat's - $1 A,26N.00 $18,09'l.00 _ $29.360,00 S4,486.00 $8,360.DD S74,571.00 Table 1b. Otber Direct Costs(ODCs)and TOTAL COSTS City 0I I eat Mill Cl'eekNVetiand Mitigation _ TASK02A '.. (SOW'SNIDT.ASES TASK 02D TASK 01 2.1,2.2,2.4) (SOW TASK2.3) 'JASK03 I TASK 04 Welland Delineation& Welland Typing Mitigation Plan Channel Design_ Technical Pro'ect Adana ITEM Ttpi-g Modeling Guidance 101'A], Es enaea:'Fravel,Mlsa,Supplies,Subsistence: _ DUscellanenuS Expenses Sur 50,00 $Q00 $O00 _ S000 SI$0.00 F Id Suppl ( } IoAe f1s"n� $]s0 p0 C uner ShpP 8(<PS}�j�_ __ $000 $5000 _ 109p 50,00 $000 55000 _ $100on _ $000: $0.00 $0,00 s100.00 ----- — _ Subtotal LYp eaS ------ --- -- - s15ro.Do sl sn.pD $o.00r $p.00 $o oo s3oo.o0 -'---' -..tract., _ - SO OD _ $0.00 _ F0.- ----- - $0.00 50.00 ,. ]0%Max F ce_ Subcontractor: $L500 1 $1 00 S-0 $0,00 1 so on _ Mod _ ..._ __ --' RR2 ___ ---2 E a (F d d OF Mileage; C p Vehicle erl;w0 / ilc380 ani $000 $000 $U p0 _—SON $._21_.8_._0_0 One N9 P � 2U _ l _ _ Con utu GSS,CAD,Stobour _ $000 g40400 $6a0,00 so.o0 $0 a0 SI,000.Oo C.i,b/ (11 1/ $R20/a e _ $2500 $15oa $0.00 S600 _ so00 &50.1a0 Copies b/ 81211);SO JQp e $2500 $2500 50,00 S000 $000 s50.00 Plotler(c CI_r) $5/spftI1)$1/p S$000 5$Oeo $11i on so co Sono om Um if 00 6ubtolnl R2L ni meal Ctflg $ M00.00 S718.00 S600.00 Som $000 PROJECT TOT.1 - Zn[nIODCa$ _ 8265.00 Aa83.00 _ 4600.00 _ $0.00 SILOU $1,948.00 I 1'olal Lnhor 518.268.00 SI8,097.00 S25,360.00 $4,486.00 $8,360_.00 S94,591.00 l'O"fA 1.COST$S $I8,533.00 $18,96o.00 S35,960.00 $4,486.00 I S8,360.00 $76.319.00 j R2 Resource Consultants,Inc. 8 June 8,2015 66 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. 67 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. 68 This page intentionally left blank. 69 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: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Joseph Araucto, P.E., Pavement Manager Through: Dave Brock, P.E., Public Works Operations Manager Subject: Information Only/Potential Addition to the 2015 Overlay Project 40th Avenue South &42"d Avenue South Information Only/No Motion Required Summary: As mentioned at the June 16, 2015 City Council meeting, the Public Works Department will present 40th Avenue South between South 272nd and approximately 150 feet north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261't Street as candidate streets to add to the 2015 Overlay Project. Exhibit: None Budget Impact: None - Information Only 70 This page intentionally left blank. Public Works Committee Agenda KENT Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair July 6, 2015 4 p.m. Item Description Action Speaker Time Pace 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 June 15, 2015 YES Chair Higgins 3 03 5. 10 Year Inter-Local Agreement with Water YES Mike Mactutis 10 07 Resource Inventory Area (WRIA) 9 6. Consultant Agreement with Tetra Tech for YES Toby Hallock 05 39 Geotechnical Engineering for the Mill Creek Reestablishment Project 7. Consultant Agreement with R2 Resource YES Matt Knox 05 47 Consultants for Mitigation for the Mill Creek Reestablishment Project 8. Information Only/Change Order 40th Ave. & NO Joe Araucto 10 69 42nd Ave. — 2015 Overlay Project 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. z This page intentionally left blank. Public Works Committee Minutes 3 June 15, .2015 Item 1 — Call to Order: The meeting was called to order at 4:05 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher. Item 3 — Changes to the Agenda: None Item 4 — Approval of Meeting Minutes Dated June 1, 2015: Committee member Fincher MOVED to approve the minutes of June 1, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 -Six Year Transportation Improvement Plan (TIP): Senior Transportation Planner, Monica Whitman noted that she would be focusing on the changes that were made since the last meeting. Whitman then gave a brief overview of the TIP. She noted that the TIP is a short range planning document that is required by State Law to be updated annually and is a significant planning tool. Including projects in the Six Year TIP allows the City to look for funding partners and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in a City's adopted Six Year TIP. Whitman went on to state that since the June 1, 2015 Public Works Committee meeting, changes have been made to the introduction of the TIP, and the list of projects was updated to include: • Traffic Signal Management Program • The Bicycle System Improvements Program • Quiet Zone for the Downtown Urban Center • 80th Avenue South Widening Next steps include: • Request to Council to set a Public Hearing date • Hold the Public Hearing • Full Council Consideration/Adoption by Resolution There was discussion about Military Road, it was noted that the project cost to repair Military Road would be upwards of $16 million. Higgins asked for more information on Military Roads condition and cost to repair. Higgins also asked if the work could be done in smaller sections. Staff will get back to the committee. Committee Member Ralph MOVED to recommend the Public Works Committee forward the Draft 2016-2021 Six Year Transportation Improvement Program (TIP) to the full Council and recommend that Council set a date for a Public Hearing. The motion was SECONDED by Committee member Fincher and PASSED 3-0. 1 Public Works Committee Minutes 4 June 15, .2015 Item 6 — Agreement with T-Mobile West LLC for Cell Site in the Right-of-Way: City Engineer, Chad Bieren noted that T-Mobile is a private telecommunications company whose service area includes the city of Kent. T-Mobile has requested that the city grant a permit to use our right-of-way to operate their telecommunications equipment. In accordance with state law, cities may require telecommunications companies to obtain a use permit to operate within the city. The Limited Street License constitutes a use permit and grants T-Mobile the right to operate within Kent's right-of-way for five years. This action is the renewal of the previous license with some amended provisions. If T-Mobile needs to work on its facilities within the right-of-way, they will be required to apply for permits and pay fees accordingly. License fees for each site will be $5,000 per year. The cost will increase annually by four percent (4%) on each subsequent anniversary of the commencement date of the license for each site. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the Limited Use Agreement with T-Mobile 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 7 — Downtown Railroad Ouiet Zone: Finance Director, Aaron BeMiller, and Public Works Director Tim LaPorte, provided background information regarding the potential for a Local Improvement District (LID) to help pay for a railroad Quiet Zone in downtown Kent. BeMiller noted that there are funds available in the LID fund from closed Public Works construction projects, and it is appropriate an appropriate use of the money. Staff will meet with the Mayor to get her thoughts on the best use of funds. We anticipate that the cost for determining whether or not it is feasible to move forward with a LID (a feasibility analysis) would be in the order of $100K or more. This would include consultant fees for an appraiser, noise expert, Quieter Zone expert and staff time. If after review of the feasibility analysis, Council desired to then move forward with a LID for this purpose, a very rough idea of the LID establishment process cost is approximately an additional $200K. LaPorte noted why the name change from Quiet Zone to Quieter Zone, he stated that because it may be determined that we will need to install Wayside Horns due to the various locations. If that becomes the case, the Zone, becomes a Quieter Zone. Committee member Fincher MOVED to AMEND the motion name change from Railroad Quiet Zone to Railroad Quieter Zone. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Committee member Ralph MOVED to AMEND the amended motion and recommend Council authorize the Mayor to sign all necessary consultant contracts not to exceed $150,000, consistent with the cities procurement policy 2 Public Works Committee Minutes 5 June 15, .2015 and direct staff to complete a preliminary analysis determining the potential for a Local Improvement District that would fund a Railroad Quieter Zone subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 8 — Information Only/Stormwater Utility Rate Update: Alex Murillo, Environmental Engineering Supervisor and Kristin Lykken provided a brief summary of current City of Kent stormwater utility rates and a comparison with stormwater utility rates of other local jurisdictions. Staff will come back to the committee in two months with more information regarding the number of commercial detention facility, which properties have paid for a commercial detention facility and what is included in the City of Redmond's discount. Information Only/No Motion Required Item 9 —Information Only/ Kinci County Flood Control Zone District Allocation for the Milwaukee II Levee: Design Engineering Supervisor, Mark Madfai provided an overview of the Milwaukee II Levee noting that the property landward of the existing levee (S. 259th St.) is slightly higher than the 100-year flood elevation of the river; the levee does not have adequate freeboard or meet slope stability requirements for FEMA accreditation. The King County Flood Control District has begun the process of budgeting funding to raise and set back the levee, and city staff will be working with them on this project. Murillo said that $4.0 million has been approved for the Milwaukee II Levee project. Information Only/No Motion Required Item 10 — Information Only/East Valley Highway Update: Item 10 was pulled from the agenda. Added Items: Design Engineering Supervisor, Mark Madfai noted that the Central Avenue Project went to Marshbank Consturction, Inc. in the amount of $5,816,698.14. The Central Avenue South Pavement Preservation and Utility Improvements Project will reconstruct Central Avenue. Improvements will include: • New pavement Sidewalks • New curb and gutter New watermain • Re-lining of sanitary sewer lines 3 Public Works Committee Minutes 6 June 15, .2015 Replacing the damaged sidewalks will require the existing street trees be removed since they are causing the sidewalks to buckle. The trees will be replaced in a future project. Madfai thanked lead designer, Susanne Provencio Smith and the rest of the staff that worked so hard to get this project out the door. Construction is planned to start in July 2015 and be completed by July 2016. The meeting was adjourned at 5:28 p.m. Cheryl Viseth Council Committee Recorder 4 7 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director N Phone: 253-856- 500 w Ww„rt, rE,xti Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: June 24, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Water Resource Inventory Area 9 (WRIA 9) Interlocal Agreement (ILA) Motion: Move to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). Summary: In 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout as threatened under the Endangered Species Act. In 2000, concerned about the need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9 signed an ILA to jointly participate in and fund the development of a habitat conservation plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget Sound Steelhead were subsequently also listed as threatened under the Endangered Species Act in 2007. The local agencies entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The result of the sixteen years of collaboration among the parties and stakeholders is the development and implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in the term of the proposed ILA. The proposed ILA has been updated to reflect the current structure of the WRIA 9 Watershed Ecosystem Forum and clarify some of its purposes and procedures. Ratification of the ILA would continue the City's support for preservation and restoration of salmon habitat in the Green River watershed through the implementing the Salmon Habitat Plan. Exhibit: Interlocal Agreement Budget Impact: None 8 This page intentionally left blank. 9 INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those signing this agreement, "Party", and collectively"Parties"), WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15, WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein, and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop"Making Our Watershed Fit for a King" as approved in 2005 and since amended ("Salmon Habitat Plan"), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans, and WHEREAS,the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 in implementing the Salmon Habitat Plan, and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services, and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act ("ESA"), and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat, and ILA_WRIA9_2016-2025_05-14-2015.docx Page 1 10 This page intentionally left blank. 11 WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management, and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds, and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound, and WHEREAS,the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan, and WHEREAS,the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to health and sustain that health by 2020, and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan, and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions, and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently, and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound, NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA_WRIA9_2016-2025_05-14-2015.docx Page 2 12 Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WRIA 9 ILA Parties and a balance of Stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. The WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the parties to an interlocal agreement for its development and implementation. The Salmon Habitat Plan recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WRIA 9 ILA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 91LA Parties'behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 91LA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016-2025_05-14-2015.docx Page 3 13 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality, water quantity, and habitat. 2.3 To provide information for WRIA 91LA Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.4 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.5 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Project in partnership with the U.S. Army Corps of Engineers. ILA_WRIA9_2016-2025_05-14-2015.docx Page 4 14 2.12 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on-going monitoring and adaptive management of the Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years, provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent or designee, which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA 9 ILA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016-2025_05-14-2015.docx Page 5 15 provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 ILA Parties for action, consistent with other subsections of this section. The appointed representatives of the WRIA 9 ILA Parties shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WRIA 9 ILA Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 91LA Parties. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016-2025_05-14-2015.docx Page 6 16 WRIA 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous ILA_WRIA9_2016-2025_05-14-2015.docx Page 7 17 agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Parties to the WRIA 9 Interlocal Agreement , the WRIA 9 ILA Parties shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 91LA Patties regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The WRIA 9 ILA Patties may authorize additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a technical committee and adaptive management work group. The Watershed Ecosystem Forum shall develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the WRIA 91LA Parties . 6.2 The WRIA 91LA Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the WRIA 91LA Parties for decision. 6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ILA_WRIA9_2016-2025_05-14-2015.docx Page 8 18 ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall undertake a review for consideration of the remanded changes to the plan. The WRIA 9 ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 ILA Parties under this Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WRIA 91LA Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures established and agreed to by the WRIA 91LA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA_WRIA9_2016-2025_05-14-2015.docx Page 9 19 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing WRIA 91LA Parties and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA_WRIA9_2016-2025_05-14-2015.docx Page 10 20 Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. ILA_WRIA9_2016-2025_05-14-2015.docx Page 11 21 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 12 zz Approved as to form: CITY OF AUBURN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 13 23 Approved as to form: CITY OF BLACK DIAMOND: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 14 24 Approved as to form: CITY OF BURIEN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 15 25 Approved as to form: CITY OF COVINGTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 16 26 Approved as to form: CITY OF DES MOINES: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 17 27 Approved as to form: CITY OF ENUMCLAW: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 18 2s Approved as to form: CITY OF FEDERAL WAY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 19 29 Approved as to form: CITY OF KENT: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 20 30 Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 21 31 Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 22 32 Approved as to form: CITY OF NORMANDY PARK: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 23 33 Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 24 34 Approved as to form: CITY OF SEATAC: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 25 35 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 26 36 Approved as to form: CITY OF TACOMA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 27 37 Approved as to form: CITY OF TUKWILA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 28 N 0 o Y U y o NO E m M 7 O .0 .i 7 m 0 6I O U (6 U > c N N J O O m 0 y .� EE ° F z Q a ur s >O ami a�i m `o a�i ami ami p J � Q Q Co CO U o W I Y Y Z IT (n U) F F Q N M V N 0 M O N M V 0 0 j 0 a N m 0 V 0 M V N M 0 M N O O O Y Q M M N N 0 N M I� O M 0 N V O N (V N U M NQ N NM N 0 0 MN00 � N ' 2 Ev (» (» (» (» (» (» (» v� i» Q d * n rn L O N o N Q Q O N a� Q > > .o +' l6 m L (6 .N 0 d o 0 0 0 0 0 0 o N o o o N o 0 EO N > L a� V Q °� N o ro o M 0 rn ". 0 m ro N o o m 4 S 00 V N N O N N O Co N N M O F .4(� 0 � O O O M O I� M N I� M I� N W O Q O > O O N N O 0 M N I� M N 0 0 0 N 0 w Q U M O M O M O M M V M 0 N W I, i r VI 00 O V I� 0 M V M M M m m W 0 M -6 (0 Vl d M N M M I� m M O I� M O 0 O O m M 3 m 7 U N V O co co M N M co 6V CD N O U N .� 'O a N m X U) L Q N O m O X O N N o ° a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 >_ l6 0 I N 0 O M N M V I� N N N O N O m 0 h N = 0 M M r r O O M M I r M O 0 O O !6 Q O N N O M m N = O N = m N O Z O X a C N w U C 00 N m 0 0 0 M N O O O O M V m Y Q Q O O M M M O O N O O O O I V 0 M M 0 N = 0 0 V 0 0 0 O r 0 N m �p C Q M N M M N M V N M M O I M V m 0 w N N O N 0 V M O O M N 0 0 N V N 0 0 Z �p O 'O M V M O 0 = M = = V N M M N M m m N N r r- M N (O V N co (O (O co W W M V (O V U ->, V� W = M 0 0 M O 0 M W = 0 m O N O Q M N M M I� N M O N M N N m 0 O Y !6 N O Q Ev Ev (» s S = ° E m O o Q o 0 0 0 0 0 0 0 o 0 0 0 o m m ° w U .0 N N N d o O N 0 N O O O r N 0 W O O U m '6 Vl M C) U O N O N N O 0 0 V N M O Q U w w > Q a Q > 6I m m N C V d Q d O (U M O O O M N N O O 0 0 0 M O _ m @ 'O N W 0 (O O M N M M O O N Y E O 5 !6 •1 N N W O O M W 0I� N N V N N N N O - N Q > Y O V V I� M V O O (O O N O M N O UI Q 70 h a0 V V N 0 O M N Z N (>6 m O !6 O oa > � � U N L O Q 0 Q Q N L o m O + QC ° ' 0 0 0 0 0 0 0 0 0 0 0 aG 0 0 0 0 w � C —CLi,tn NO NO N WV 0 N MO O CO 0 O y CL O W OVM N N N N O0 O 0 N OO n N C mLL o w0 a N m -!O6 o U d Q E O Y m C o tr C _ LLJom+�W U) o U ui M wo yWa) 0 o Um m > w wm ° O a Oaaa rJ/1 a Y Q W QQ CO CO U 0 W LL Y Y ZIr (n (nF W x N r rn N m 0 c X LJ� GyI O C tY6 N M V N O M W O N M V N O H H OO OO a o O U o > W ^� LL O 0 , QNNQw z h Z m o « 39 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: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Toby Hallock, P.E., Environmental Engineer 2 Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with Tetra Tech, Inc. for Geotechnical Engineering for the Mill Creek Reestablishment Project Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $27,045 to evaluate and provide recommendations to improve culverts along Mill Creek, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. Summary: The Mill Creek Reestablishment project consists of removing accumulated sediment throughout the creek channel in order to restore the original grade of the creek. The accumulation of sediment is one reason there is flooding along Mill Creek in the Kent Valley. In researching the creek and its culverts, we have determined that two culverts are at higher elevations than directly upstream areas. This causes water to back up and increases the risk of flooding during rain events. This consultant services agreement will allow Tetra Tech, Inc. to evaluate the two culverts and the surrounding areas and make recommendations to alleviate the potential problems caused by the elevated culverts. One of the culverts is under a driveway at the Chandler's Bay Apartment complex off of Central Avenue North. The other is a Union Pacific Railroad culvert near 76th Avenue South. Improvements at and near these two culverts, in addition to other improvements related to this project and other current storm drainage work in the valley will help reduce the risk of flooding. Exhibit: Tetra Tech Scope of Work and Fee Proposal Budget Impact: This project was included in the 2015 budget so there are no additional budget impacts. 40 This page intentionally left blank. 41 Exhibit A CITY OF KENT/Tetra Tech, Inc. Mill Creek Reestablishment-Culvert Structural Evaluation SCOPE OF WORK Project Objectives The purpose of this analysis is to evaluate specific options for modifying two culverts within lower Mill Creek located in the City of Kent and provide preliminary recommendations. The subject culverts currently have flow lines that are higher than the inverts of the culverts directly upstream. The modifications to be considered in this evaluation are intended to lower the flow lines within these two culverts: • Culvert 5, at Creek Mile 4.52, passing beneath the driveway entrance off Central Avenue to the Chandler's Bay Apartment complex • Culvert 17, at Creek Mile 3.22, passing beneath the Union Pacific Railroad (UPRR) tracks This analysis will involve field work, a visual assessment of current culvert conditions, development of options to lower the flow line in each culvert, and preparation of preliminary capital cost estimates. Findings and recommendations will be provided to the City in a technical memorandum. Task 1 Project Management The CONSULTANT shall provide overall project management, administration and coordination of activities necessary for completion of the work. 1.1 Schedule The CONSULTANT will prepare and submit a baseline project schedule to the CITY that details activities and clearly displays the critical path elements of the work. The schedule shall be updated on a monthly basis by the CONSULTANT. It is anticipated that the work can be completed within 60 calendar days from authorization to proceed. 1.2 Coordination Meetings Two coordination meetings are assumed for the duration of the project. The CONSULTANT shall prepare the agenda and the meeting minutes. The first of the two meetings will be the project kickoff meeting. 1.3 Invoicing, Progress Reporting and Periodic Communications The CONSULTANT shall prepare monthly invoices and progress reports for the duration of the project in accordance with the terns of the contract. The CONSULTANT shall also submit periodic communications to the CITY project manager via email. These are informal communications outlining current work elements and issues. 6/19/2015 1 Mill Creek Reestablishment Culvert Structural Evaluation 42 1.4 Project Coordination The CONSULTANT will coordinate with the CITY and project team members as required to conduct necessary work and maintain project schedule. 1.5 QA/QC The CONSULTANT shall perform senior engineer reviews on all reports and plans prior to submittal to the CITY. Task Deliverables: • Schedule/Updates • Agendas • Meeting Minutes • Invoices • Progress Reports • Periodic Communications • QA/QC Checked Documents Task 2 Field Reconnaissance and Observations Report CONSULTANT will review existing documentation provided by the CITY and review other relevant available information in preparation for field reconnaissance. Information to be provided by the CITY will include, as is available: • Survey information on culvert invert elevations along Mill Creek • Topographic information (from instrument survey and/or LiDAR) at culvert sites and upstream and downstream reaches of the creek • Fish utilization data for reaches of Mill Creek • Geotechnical reports/data at culvert locations • Construction drawings for culverts • Post-construction dimensional data, inspection reports, condition assessments • Culvert construction and/or stream maintenance permits within the affected reaches of Mill Creek • Reports, studies, permitting documentation related to the Mill Creek Reestablishment Project. CITY grants to CONSULTANT right-of-entry to the Culvert 5 site. CONSULTANT will conduct a site visit to investigate the existing conditions at Culvert 5 and Culvert 17, document relevant features at the culverts and in the immediate upstream/downstream reaches of the creek, and characterize features relevant to potential options for lowering the flow lines through the culverts. Site reconnaissance team will include the following discipline expertise: civil/construction, hydraulic/fish passage, structural, geotechnical. Visual inspection of the interiors of culverts is subject to site accessibility and the ability to view the culvert interiors without the need for specialized equipment or confined space entry support. 6/19/2015 2 Mill Creek Reestablishment Culvert Structural Evaluation 43 This work will rely on existing topographic information provided by the CITY, and no additional survey will be performed. CONSULTANT will prepare and submit to the CITY a brief memorandum summarizing key observations from the site visits regarding the structural, hydraulic and fluvial conditions at the culverts and in the upstream/downstream reaches. Review comments on the technical memorandum received from the CITY will be incorporated into the draft project technical memorandum to be prepared under Task 3. Task 2 Deliverable: • Memorandum documenting field observations and conditions. Task 3 Culvert Modification Alternatives Analysis CONSULTANT will develop conceptual designs for modifying the culverts to lower the flow lines through the culverts and in the adjoining stream reaches. These designs will encompass the following options: For Culvert 5: • Excavate the stream bed through the culvert and construct new foundations to support the culvert structure • Excavate the stream bed through the culvert and support/strengthen the existing foundations supporting the culvert structure For Culvert 17: • Remove the large cobble matrix from the culvert invert to lower flow line to box culvert invert elevation For each alternative, CONSULTANT will evaluate the conceptual design for constructability, extent of channel regrading, capital costs, implications for fish passage (applying WDFW protocols), and on hydraulic capacity through the respective culvert. CONSULTANT will prepare a technical memorandum presenting the alternatives for each site, summarizing the evaluation of each alternative, and providing recommendations for advancing proposed improvements. Task 3 Deliverables: • Draft project technical memorandum • Final project technical memorandum Supplemental Services 6/19/2015 3 Mill Creek Reestablishment Culvert Structural Evaluation 44 The CONSULTANT shall provide additional services required to complete the project, as requested by and authorized by the CITY under amendment to this Agreement. Such services may include, but are not limited to, the following: • Surveying • Hydraulic analysis • Geotechnical exploration • Structural analysis/testing • Permitting support • Preliminary design • Final design • Construction services 6/19/2015 4 Mill Creek Reestablishment Culvert Structural Evaluation Ln .) \ C� Ili § _ : a *. W : ! {] , , - ; y ; < P4 \ ) ) \ : _ - - - - - - - - - 46 This page intentionally left blank. 47 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: June 2, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Matt Knox, P.W.S., Environmental Ecologist Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with R2 Resource Consultants, Inc. - Design a Wetland Mitigation Plan for the Mill Creek Reestablishment Project Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project. This agreement will be subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. Summary: The Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S. 204th Street and W. Smith Street to reduce flooding and drainage issues. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. This contract will hire R2 Resource Consultants, Inc., to design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). Exhibit: Consultant Services Agreement with R2 Resources Consultants, Inc. Budget Impact: No unbudgeted funds will be required. The contract will be paid through the Stormwater Utility Fund. 48 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and R2 Resource Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 951h St., Redmond, WA 98052-2518, Phone: (425) 556-1288/Fax: (425) 556-1290, Contact: Kevin Fetherston (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 assist the City with development of the Mill Creek Reestablishment Wetland Mitigation Plan. 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 March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Six Thousand, Three Hundred Nineteen Dollars ($76,319.00), 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. 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 49 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 50 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 51 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 52 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: Kevin Fetherston Timothy ]. LaPorte, P.E. R2 Resource Consultants, Inc. City of Kent 15250 NE 951h St. 220 Fourth Avenue South Redmond, WA 98052-2518 Kent, WA 98032 (425) 556-1288 (telephone) (253) 856-5500 (telephone) (425) 556-1290 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department R2 Resource-MIII Creek/Knox CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 53 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 54 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 55 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 56 Mill Creek Reestablishment Wetland Mitigation Plan Scope of Work j Prepared for. City of Kent i Prepared by: R2 Resource Consultants, Inc. 15250 N.E. 95th Street Redmond, Washington 98052 i June 8, 2015 i i 57 Scope of Work City of Kent CONTENTS SCOPEOF SERVICES.......................................................................................................... 1 TASK 1 —LITTLE PROPERTY JURISDICTIONAL WETLAND DELINEATION &WETLAND TYPING............... 1 TASK 2—WETLAND MITIGATION PLAN DEVELOPMENT......................................................................2 Subtask 2.1 —Plant Community Characterization and Mapping.......................................................3 Subtask 2.2—Wetland Mitigation Design Alternatives......................................................................3 Subtask 2.3—Mill Creek Channel Relocation Preliminary Design—Geomorphic and HydraulicAnalyses..............................................................................................................4 Subtask 2.4—Wetland Functional Analyses— Impacted Mill Creek and Little Property Wetland Mitigation..........................................................---........................................... ... 5 TASK 3—TECHNICAL GUIDANCE—REGULATORY PERMITTING AND MITIGATION PLAN CONSTRUCTION PLANS AND SPECIFICATIONS...................................................................................................6 TASK 4—PROJECT ADMINISTRATION...............................................................................................7 SCHEDULE........................ ...................... ............ .......... ............................... 7 BUDGET................................................................................................................................. 7 I I I I I I R2 Resource Consultants,Inc. June 8,2015 58 Scope of Work City of Kent I Scope of Services j The City of Kent(City)has requested that R2 Resource Consultants (R2)prepare a scope of work (SOW) and budget to assist the City of Kent project manager with development of the Mill Creek Reestablishment Wetland Mitigation Plan. R2 will provide the following services: 1 . Update the wetland delineation of the "Little Property." 2. Assist the project manager in designing a wetland mitigation plan (the Plan) to compensate for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed to meet both federal wetland mitigation and City of Kent Critical areas requirements,Kent City Code Chapter 11.06 ("Critical areas"). 3. Provide technical guidance to the City with preparation of environmental regulatory pen-nit documents and technical review of wetland mitigation construction documents and specifications. The following SOW provides descriptions for each of the tasks, including assumptions, deliverables, schedule, and budget. Task 1 - tittle Property Jurisdictional Wetland Delineation & Wetland Typing R2 Professional Wetland Scientists (PWS)will conduct an on-sitejurisdictional wetland delineation of the approximately 20-acre Little Property site owned by the City. The wetland delineation, to be submitted to the U.S. Army Corps of Engineers (Corps), Seattle District, will be conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and the Regional Supplement to the Corps of Fngmeers Wetland Delineation Manual Western Mountains, Valleys, and Coast Region, Version 2.0 (May 2010). The wetland delineation will be conducted, and wetland delineation report developed,by R2 in accordance to the wetland delineation recommendations put forth in the Corps, Seattle District, document Components of a Complete Wetland Delineation Report(January 20, 2011). Based upon the findings of the wetland delineation R2 will conduct a wetland typing of the Little f Property wetlands using the Washington State Wetland rating System for Western Washington: 11ruby, T. 2014. TTJashington State Wetland Rating System for Western Washington. 2014 Update. (Publication 914-06-029). Olympia, WA: Washington Department of Ecology. Assumptions • 'the City will provide R2 with a legal survey plat of the Little Property site for field work. P2 Pesource.Consultants,Inc. 1 June 8,2015 59 Scope of Work City of Kent i • The City will provide R2 with most recent ortho-rectified aerial photography in electronic (Shape file)format. • The City will provide on-the-ground flagging of Little Property legal boundaries where necessary for R2 field crew to delineate only City property (adjacent to private properties). • The City will conduct a legal survey of the wetland delineation boundary flags, including wetland sample plots,within seven (7) days of R2 finishing the on-site flagging. This schedule is recommended to prevent loss of work due to wetland boundary flagging vandalism(removal or movement of flagging by the public). • The City will provide to R2 a final wetland boundary and property boundary map projected on a recent ortho-rectified aerial photograph in Shape file and CAD formats. The map will include surveyed wetland boundary and wetland sample plot flagging locations. Defiverables • On-the-ground jurisdictional wetland delineation of the Little Property. Wetland boundary will be staked/flagged with lx2x48" wooden stakes and vegetation where appropriate. Representative paired (upland/wetland)plots will be similarly staked/flagged. • Weiland delineation report including all report elements outlined in Corps, Seattle District, document Components of a Complete Welland Delineation Report(January 20, 2011). Task 2 - Wetland mitigation Plan Development R2 will develop, with the City project manager, a wetland mitigation plan (the Plan)that adequately compensates for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed meet mitigation requirements as determined by the Corps, Seattle District, and City Critical Areas Code Chapter 11.06. The wetland mitigation plan will include elements recommended in the inter-agency (U.S. Army Corps of Engineers and Washington State Department of Ecology) guidance document: Washington Stale Departmentgf Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. F,nvironnnental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington State—Part 2. Developing Mitigation Plans (Version 1). Washington Stale Department of Ecology Publication 806-06-011 b. Olympia, WA. I I R2 Resource Consultants,Inc. 2 June 8, 2015 60 Scope of Work City of pent R2 will prepare the Plan,with City review, in three phases: (1) conceptual mitigation plan design for federal and state agency review, (2)Draft Mitigation Plan upon approval by federal and state agencies of the conceptual mitigation plan, and (3)Final Mitigation Plan for JARPA submittal upon approval by the City. A pre-application meeting will be held with federal and state agencies to review, and get approval of, the conceptual mitigation plan, including compensatory mitigation ratio, before R2 proceeds with the Draft and Final Plans. The Corps will require a wetland functional analysis of impacted wetland and mitigation wetland j functions to determine the amount of compensatory wetland mitigation required for the Mill Creek Project impacts. R2 recommends discussing the type of wetland functional analysis to be used for the Mill Creek project with the Corps before implementing the functional analysis. For example, the Washington Department of Ecology has developed the Credit/Debit method for calculating compensatory mitigation in the State of Washington in the document: Hruby, T. 2012. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Report, March 2012. Washington State Department ofEcolo,�D;publication 910-06-11. Subtask 2.1 - Plant Community Characterization and Mapping A plant community characterization and mapping for the Little Property will be conducted during the wetland delineation field work (Task 1). Plant communities on-site will be mapped as individual polygons through aerial photographic interpretation and GPS on-site mapping. Plant community type descriptions—including species lists, aerial cover, soils types and general hydrologic conditions—will be collected in the field. Plant community, soils and hydrology characterizations and description is a necessary step in developing the vegetation restoration/enhancement design for the wetland mitigation plan. Subtask 2.2 - Wetland Mitigation Design Alternatives R2 will develop two alternative conceptual wetland mitigation design sketches for the Little Property site prior to conducting hydraulic modeling and detailed plant community restoration/enhancement and channel designs. The preliminary sketches will be presented and discussed with the City Team at a meeting. One alternative will be selected to develop into the conceptual mitigation design. Weiland mitigation design will include: plant community restoration/enhancement, geomorphic and hydraulic analyses and channel design. The designs will be presented in CAD format. I R2 Resource Consultants,Inc. 3 June 8,2015 61 .Scope of Work City of Kent Subtask 2.3 - Mill Creek Channel Relocation Preliminary Design - Geomorphic and Hydraulic Analyses R2 will use the City's topographic base map to lay out a conceptual channel configuration on the project site involving relocating the channel from its present straightened location. Various conceptual alternative layouts will be discussed, and a preferred conceptual layout identified. A EEC-RAS hydraulic model will be constructed with geometry files for existing conditions and with the proposed project layout, starting upstream of the James Street culvert and ending below the next culvert downstream. Sediment grab samples will be obtained upstream and within the site;the samples will be processed at an accredited laboratory and the results used to define the grain size distribution of the current sediment load to the site and for modeling sediment transport capacity. Scour analyses will be performed for the proposed layout to evaluate the potential for impact to an existing sewer line crossing the site. Soil angering and sample plot pit samples performed for the wetlands delineation will be used to characterize the lower soil horizon profile for guiding the design and identifying geotechnical engineering needs for future design stages. The HEC-RAS model will be used to evaluate flooding extents of the selected layout and erosive forces in the proposed channel,where both attributes will help guide development of the design. Assumptions • A formal SEPA/SRFB/value engineering style alternatives analysis involving developing alternative conceptual designs and cost estimates for each alternative will not be performed. • R2 will provide the City piezometer locations on a City provided site topo map. The City will provide R2 with the site topo map in CAD format. The City will install and monitor piezometers and provide R2 with piezometer measurements for R2 to characterize groundwater levels at the site. • A ILECRAS model constructed by Anchor QEA for the City's Stormwater Plan might be available for use and modification in constructing the existing conditions model. If this is the case, the City will provide copies of documentation of model construction and calibration if such documentation exists. • Hydrologic analyses performed for the City as part of upstream sediment mitigation design and the Stormwater Plan HEC-RAS model have been completed and results can be used to define magnitudes of design floods and low flows in hydraulic modeling of project reach. • Topographic base map, consisting of 1 ft elevation contours, and locations and elevations/dimensions/specifications of all utilities and associated structures (e.g., culverts, and sewer pump/lift facilities, if any) on site will be provided by the City to R2. j R2 Resource Consultants,Inc. 4 June 8,2015 62 i Scope of Work City of Kent j • Any existing reports on hydraulic,hydrologic, and geomorphic analyses of Mill Creek will be provided to R2 by the City. Deliverables • AutoCAD 2015 CAD file with 1 I"x17" scaled sheets depicting: o Cover sheet w/ site map and key to sheets; o Legend, survey details; o Existing site topography and property boundaries,access,utilities; o Proposed channel plan view layout, including predicted extents of 2-, 10, and 100 year flood;the 2-yr flood results will be surrogates for OHW characterizations of the proposed channel; o Long profile along proposed channel centerline, showing predicted flood water surface elevations: o Representative cross-section profiles of the channel and any instream structures, showing predicted low flow and flood water surface elevations; o Plan and sections detailing plant community restoration/enhancement plan including relation to predicted low flow and flood flow water levels as they influence plant community composition and function; and o Conceptual level TESC and onsite water management/dewatering plans. • HEC-RAS hydraulic model of the existing and proposed channels for impact assessment and design. • Enginccr's Opinion of Probable Cost for (i) Concept design construction (scoping level), and (ii) 100%PS&E (Plans, Specifications and Estimate). • Technical Basis of Conceptual Design Memorandum summarizing hydrology, hydraulics including project effects on 100 year flood, geomorphic assessment results, sediment transport characteristics of channel, development of proposed layout, and overview of project element design constraints and approaches. Subtask 2.4 - Wetland functional Analyses- Impacted Mill Creek and Little Property Wetland Mitigation R2 will conduct a wetland functional analysis of both impacted Mill Creek riverine wetlands and Little Property wetland mitigation designs. Upon approval of the Corps, Seattle District, the WADOE Credit/Debit functional analysis approach will be used (Ilruby 2012) to assess both impacts to Mill Creek riverine wetlands and the compensatory mitigation designs. R2 Resource Consultants,Inc. 5 June 8,2015 63 Scope of Work City of Kent R2 will present the selected conceptual wetland mitigation design at an inter-agency meeting to obtain approval for the mitigation design approach. Upon approval by the City, and agencies,R2 will prepare Draft wetland mitigation plan for submittal to the City. Upon City review, R2 will produce a Final wetland mitigation plan. The wetland mitigation plan is not a final construction and planting document. R2 understands the City will produce final construction documents for permit submittal and construction hid process. Assumptions • An inter-agency meeting will be held to present the Mill Creek conceptual mitigation plan. • The City will provide R2 with Mill Creek wetland dclineation report, WA wetland typing document and total area and wetland type of Mill Creek wetland impacts. Deliverables • Conceptual, Draft and Final Wetland Mitigation Plans. i • Tnter-agency meeting with Cotps, Seattle District and Washington Department of Ecology. Task 3 - Technical Guidance — Regulatory Permitting and Mitigation Plan Construction Plans and Specifications R2 will provide the City with technical guidance in preparing the mitigation construction plans and specifications and regulatory permits. This technical guidance will be in the form of (1)two meetings with R2 engineer and wetland scientists and the City Mitigation Plan Team, (2) R2 review of City developed construction sheets, and (3)R2 wetland scientist review of JARPA submittal prepared by the City. Assumptions • The City will develop final wetland mitigation construction plans and specifications. • The City will develop all environmental permits. Deliverables • Two meetings with Drs. Fetherston and De Vries and Mrs.Knox Machata at the City to review regulatory permits and construction plans and specifications. • Brief technical memorandum summarizing regulatory permits and construction plans and specifications R2 review and recommendations. i R2 Resource Consultants,Inc. 6 June 8,2015 i 64 Scope of Work City of Kent i Task 4 - Project Administration Kevin Fetherston will be responsible for project management and coordination with the City project manager. Schedule R2 will provide the conceptual wetland mitigation plan to the City by 60 days following the City's notice to proceed (NTP). Within 45 days of City and agencies approval of the conceptual wetland mitigation plan,R2 will provide the City the Draft Wetland Mitigation Plan. The Final Wetland Mitigation Plan will be, delivered to the City 21 days following R2 receipt of the City's Draft Wetland Mitigation Plan comments. Assumptions During the sketch wetland mitigation alternatives presentation to the City Team, R2 and the City will choose a preferred mitigation design alternative to develop to the conceptual design stage. This is a schedule determining step in meeting the 60 days post NTP conceptual mitigation plan design deliverable date. Budget Project budget is provided on the following page. i I R2 Resource Consultants,Inc. 7 June 8,2015 65 Scope of Work City of Kent rrz neannrne cannrenne,lac Table In. Labor Hours and Costs Da"'Ve"22,2rrls - _ - - City of Kent—Mill Creek Welland Mitigation_. _ TASK02A (SOW SURTASKS TASK 03n TASK 01 2.1,2.2,2.4) (SOW TASK 2.3) TASK 03 TASK04 W efland Delineation& NVOIAnd'lypiag Mfib,stfau Plan Channel Desf Technical _ Pro'ect Admin nonrly _ _ Typing Modeling_ Gold nnce _ TOTAL PERSONNEL Rme nrs/Ce(03 nra/Cst's nrs/Csta$ 11,042sh$ Rrvets$ nrs/Gala$ Pau1D\ ies,Ph.D.,P-h. _ $1SO100 - p - - ll 80- -- ID Fish RlolMSdrolosist -- - '- - -- - KevinFth ,ton,Ph.D. $I]L00 48 45 0 10 40 143 Wetland Ri anan Fcologia - -- - - - JoetlaZablolney $15a 00 0 4 - 0 0 0 -_ 4 GlS hfana r - - Jnd9Rr h ¢idge 4122Up. _.... 0 0 -. - 0 _ 0 Ad uu tracrin9 Kate 6a.xMuch.l.PWS $12200 80 45 0 8 p 133 Wetland Ecolo ist - - Rr»dl Gatlmnum. 5100.00 0 _ 40 40 0 0 80 CARD 6flhrina Yanos -s10000 3 - _-- 0 - 0 - 0 6 Word Pmcessin/Admin. - - ' - --- -- - - _ _ CMIE 'dour, mr $8900 0' 0 80 0 p 80 Civil Engjneer - -- _ -- _ - --- Michell McN.m,ghlin $68.00 p 0 - - Clerical Total Lab or Hours _ 131 137 200 28 56 _ 552 Total L'dbnr Caat's - $1 A,26N.00 $18,09'l.00 _ $29.360,00 S4,486.00 $8,360.DD S74,571.00 Table 1b. Otber Direct Costs(ODCs)and TOTAL COSTS City 0I I eat Mill Cl'eekNVetiand Mitigation _ TASK02A '.. (SOW'SNIDT.ASES TASK 02D TASK 01 2.1,2.2,2.4) (SOW TASK2.3) 'JASK03 I TASK 04 Welland Delineation& Welland Typing Mitigation Plan Channel Design_ Technical Pro'ect Adana ITEM Ttpi-g Modeling Guidance 101'A], Es enaea:'Fravel,Mlsa,Supplies,Subsistence: _ DUscellanenuS Expenses Sur 50,00 $Q00 $O00 _ S000 SI$0.00 F Id Suppl ( } IoAe f1s"n� $]s0 p0 C uner ShpP 8(<PS}�j�_ __ $000 $5000 _ 109p 50,00 $000 55000 _ $100on _ $000: $0.00 $0,00 s100.00 ----- — _ Subtotal LYp eaS ------ --- -- - s15ro.Do sl sn.pD $o.00r $p.00 $o oo s3oo.o0 -'---' -..tract., _ - SO OD _ $0.00 _ F0.- ----- - $0.00 50.00 ,. ]0%Max F ce_ Subcontractor: $L500 1 $1 00 S-0 $0,00 1 so on _ Mod _ ..._ __ --' RR2 ___ ---2 E a (F d d OF Mileage; C p Vehicle erl;w0 / ilc380 ani $000 $000 $U p0 _—SON $._21_.8_._0_0 One N9 P � 2U _ l _ _ Con utu GSS,CAD,Stobour _ $000 g40400 $6a0,00 so.o0 $0 a0 SI,000.Oo C.i,b/ (11 1/ $R20/a e _ $2500 $15oa $0.00 S600 _ so00 &50.1a0 Copies b/ 81211);SO JQp e $2500 $2500 50,00 S000 $000 s50.00 Plotler(c CI_r) $5/spftI1)$1/p S$000 5$Oeo $11i on so co Sono om Um if 00 6ubtolnl R2L ni meal Ctflg $ M00.00 S718.00 S600.00 Som $000 PROJECT TOT.1 - Zn[nIODCa$ _ 8265.00 Aa83.00 _ 4600.00 _ $0.00 SILOU $1,948.00 I 1'olal Lnhor 518.268.00 SI8,097.00 S25,360.00 $4,486.00 $8,360_.00 S94,591.00 l'O"fA 1.COST$S $I8,533.00 $18,96o.00 S35,960.00 $4,486.00 I S8,360.00 $76.319.00 j R2 Resource Consultants,Inc. 8 June 8,2015 66 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. 67 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. 68 This page intentionally left blank. 69 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: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 6, 2015 From: Joseph Araucto, P.E., Pavement Manager Through: Dave Brock, P.E., Public Works Operations Manager Subject: Information Only/Potential Addition to the 2015 Overlay Project 40th Avenue South &42"d Avenue South Information Only/No Motion Required Summary: As mentioned at the June 16, 2015 City Council meeting, the Public Works Department will present 40th Avenue South between South 272nd and approximately 150 feet north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261't Street as candidate streets to add to the 2015 Overlay Project. Exhibit: None Budget Impact: None - Information Only 70 This page intentionally left blank.