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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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46
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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
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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
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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
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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.
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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
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
56
Mill Creek Reestablishment
Wetland Mitigation Plan
Scope of Work
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Prepared for.
City of Kent
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Prepared by:
R2 Resource Consultants, Inc.
15250 N.E. 95th Street
Redmond, Washington 98052
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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
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Scope of Work City of Kent
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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.
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Scope of Work City of Kent
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• 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.
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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.
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.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
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• 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.
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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.
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• 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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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Culvert Structural Evaluation
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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.
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Culvert Structural Evaluation
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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
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Culvert Structural Evaluation
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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
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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
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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
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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
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I
I
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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.
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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.
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.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
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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.
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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.
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• 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.
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Scope of Work City of Kent
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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.
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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
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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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.
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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
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