HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/06/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
March 6, 2017
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. February 13, 2017 Minutes - Approve YES None 03 03
5. Info Only/Flood Control District NO Michelle Clark 20 --
6. Contract with COWI for Milwaukee II Levee -
Recommend
YES Richard Schleicher 05 05
7. Contract with ICF International for the Mill
Creek Environmental Impact Statement -
Recommend
YES Toby Hallock 05 27
8. Contract with Western Systems for Traffic
Signal Cabinets - Recommend
YES Kelly Peterson 05 61
9. FMSIB & PSRC Grant for S 228th St UPRR -
Recommend
YES Mark Madfai 10 77
10. Info Only/2017 Water Festival NO Gina Hungerford 05 79
11. Info Only/Residential Recycling Event,
Composter Sale & Curbside Cleanup
NO Gina Hungerford 05 81
12. Info Only/Vactor Spoils Overage NO Tim LaPorte 05 83
13. Info Only/Potholes NO Tim LaPorte 05 89
14. Info Only/Quiet Zone Update NO Chad Bieren 05 91
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CITY OF KENT
PUBLIC WORKS COMMITTEE
Summary Minutes of Special Meeting
February 13, 2017 Kent City Hall
4:00 p.m. Council Chambers East
Kent, Washington
1. Call to Order: The meeting was called to order at 4:08 p.m., by Council President
Dennis Higgins.
2. Roll Call: Committee Chair Dennis Higgins and Committee member Brenda Fincher
were present.
ABSENT: Dana Ralph
3. Changes to the Agenda: There were no changes to the agenda.
4. Approval of Minutes, Dated January 23, 2017
Committee member Fincher MOVED to approve the Minutes of January 23, 2017.
The motion was SECONDED by Committee member Higgins and PASSED 2-0.
5. Transportation Improvement Board (TIB) Complete Streets Grant -
Recommend
Lacey Jane Wolfe, Senior Transportation Planner and Hayley Bonsteel, Senior Long Rang
Planner noted that the State of Washington Transportation Improvement Board (TIB)
awarded the City of Kent $250,000 from the Complete Streets Program. Awards
considered the quality of the agency’s complete streets ordinance, the level of integration
of complete streets principles in planning documents, community outreach/engagement in
street plans and projects, and both past and future projects. Kent’s application highlighted
the Meet Me on Meeker project Kent was nominated for the award by four agencies.
Committee member Fincher MOVED recommend Council authorize the Mayor to
sign the sign the Washington State Transportation Improvement Board Complete
Streets grant agreement in the amount of $250,000 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion
was SECONDED by Committee member Higgins and PASSED 2-0.
6. Information Only/Small Cell Site Franchise
Kelly Peterson, AICP, Transportation Engineering Manager and City Attorney Adam Long
explained the premise behind a small cell site franchise agreement.
Smart phones and other hand held devices are capable of several functions beyond a
telephone including GPS, camera, internet and other aps that are pushing existing cellular
facilities to their limits. The next phase of technology requires new “small” cell sites on to
add system capacity for cell phone companies. Verizon has contacted the city to request
permission to install small cell sites within the right-of-way on PSE light poles and city
owned street lights. Other carriers are expected to follow. For each carrier, depending on
the location, these facilities will be spaced every 200 to 1,000 feet.
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It was noted that a franchise agreement will likely be needed for work within the City right-
of-way and for any installation on city-owned street light poles. Public Works will be
working with Economic and Community Development and the Attorney’s Office on
language to be presented to the Public Works Committee.
In general, these sites will include an antenna, a small suitcase-sized cabinet attached to
the pole and communication conduit to existing cellular facilities. There were questions
about the aesthetics of the boxes and how much noise they will produce. Staff will bring
this item back to committee as they have more information.
INFORMATION ONLY/NO MOTION REQUIRED
7. Information Only/Residential Traffic Calming Program - Update
Kelly Peterson, AICP, Transportation Engineering Manager noted that Constant Warning
Detection is able to calculate the speed of the approaching train and is able to provide a
more efficient and safe timing for the crossing arms. Constant Warning Detection is in
place at all Burlington Northern Railway crossings. Staff is working with the Union Pacific
Railway to have Constant Warning Detection at Smith and Meeker Street.
Staff is ready to bid the paddle and mounted barriers; the cost is $400,000 - $500,000.
Once funding is in place we will go out for bid.
INFORMATION ONLY/NO MOTION REQUIRED
Adjournment
At 4:40 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Cheryl Viseth,
Public Works Committee Secretary
4
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Richard Schleicher, Environmental Engineer
THROUGH: Mike Mactutis, P.E. Environmental Engineering Manager
Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 6: Consultant Service Agreement with COWI for Milwaukee II
Levee for Analysis of Alternatives - Recommend
Summary: The city executed an interlocal agreement (ILA) with the King County
Flood Control District to provide funding for an analysis of alternatives, development
of design plans and specifications, and property acquisition related to the Milwaukee
II Levee along the Green River in Kent. This ILA sets forth the requirements for a
study of alternative flood protection facilities and alignments, such as an earthen
embankment levee or a flood wall levee. The study will consider impacts to
recreation, habitat, South 259th Street, and other features to ultimately guide the
project team to a preferred alternative for full design and construction.
The Milwaukee II Levee is located between the Horseshoe Bend Levee (accredited by
FEMA in 2015), and the Foster Park Levee which was constructed in 2008.
Construction of the Milwaukee II Levee with connection to these adjacent levee
reaches will reduce flood risk from the Green River for businesses and residential
properties in this area, and allow for levee accreditation for the section and sections
further downstream.
Exhibit: Consultant Contract
Budget Impact: This contract is fully reimbursable through the King County Flood
Control District.
Motion: Recommend Council authorize the Mayor to sign a consultant
services agreement with COWI, in an amount not to exceed $178,975.00
for an alternatives analysis of flood protection facilities for the Milwaukee
II Levee, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
.
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6
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
COWI North America, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and COWI North America, Inc. organized under the laws of the State of Delaware,
located and doing business at 1191 2nd Ave., Suite 1110, Seattle, WA 98101, Phone (206) 748-4036,
Contact: E. Richard Patterson (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 provide engineering services to prepare a Milwaukee II Flood Facility
Study. 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 December 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Seventy Eight Thousand, Nine Hundred Seventy Five Dollars ($178,975.00),
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 Attachment B.
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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. 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.
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
E. Richard Patterson
COWI North America, Inc.
1191 2nd Ave., Suite 1110
Seattle, WA 98101
(206) 748-4036 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
COWI - Milwaukee II/Schleicher
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EEO COMPLIANCE DOCUMENTS - 1
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
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.
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EEO COMPLIANCE DOCUMENTS - 3
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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City of Kent
Scope of Work - Exhibit A
EXHIBIT A
SCOPE OF WORK
Milwaukee II Flood Facility Study
During the term of this Agreement, COWI, the engineering consultant (Consultant) shall
perform professional services for the City of Kent (City). This project is expected to include
two phases, Phase 1 is the preparation of a Milwaukee II Flood Facility Study for the area
extending from approximately 3rd Avenue South west to the Interurban Trail and from the
Green River north for a distance of about 400 ft. This study will allow the City and King
County Flood Control District (District) to select a preferred alternative. Phase 2 will include
the preparation of Final Design Plans, Specifications, and Estimate in connection with the
selected alternative. Phase 2 is not included in the present Scope of Work,
I. PROJECT OBJECTIVES AND DESCRIPTION
The primary objective of the Milwaukee II Flood Facility, hereinafter referred to as the
Project, is to:
. Reduce flood risks and improve levee factors of safety by constructing a flood
protection facility that exceeds federal standards and can be certified and accredited
by FEMA.
Secondary objectives of the Project include:
. Increased recreation opportunities by allowing for completion of a missing link of the
Green River Trail that exists within the project limits.. Improved riparian and aquatic habitat conditions.. Reduced long-term maintenance.. Construction of a flood protection facility that does not adversely impact the S. 259th
Street and Interurban Trail crossing or the Foster Park parking lot.. Construction of a flood protection facility that does not need active management
during flood events, if feasible.. Creation of a flood protection facility that leaves no private property on the river side
of the facility.. Accommodation of the future reconstruction of S. 259th Street under the Union
Pacific Railroad bridge to provide additional clearance, while also accommodating the
Green River Trail under the bridge and along the project limits,. Construction of a flood protection facility with long-term stabilization in mind (i,e.
minimum scour, stable slopes, minimal channel and slope maintenance),
II. GUIDANCE DOCUMENTS
All documents prepared under the terms of this AGREEMENT shall be developed in
accordance with the latest edition and amendments of the following:
King County
. Water and Land Resources Drvision Project Charter approved by Kjris Lund, former
District Executive Director, on 72/75/2O16.
City of Kent:
o Road Standards
1of I
15
City of Kent
Scope of Work - Exhibit A
. Standard drawings and sample documents prepared by the City and furnished to the
Consultant shall be used as a guide in all applicable cases
WSDOT Publications:
. Standard Specifications for Road, Bridge, and Municipal Construction, English Edition,
(M41-10). Standard Plans for Road, Bridge, and Municipal Construction, English edition (M21-
01). Design Manual (M22-01). Bridge Design Manual, (M23-50). Plans Preparation Manual (M22-31)r Construction Manual (M41-01)o Local Agency Guidelines Manual
American Association of State Highway and Transportation Officials (AASHTO)
Publications:
. Standard Specifications for Highway Bridges, AASHTO LRFD Bridge Design
Specifications, Customary U.S, Units, 4th Edition with 2008 Interim Revisions. Guide for the Development of Bicycle Facilities, 1999. A Policy on Geometric Design of Highways and Streets, 5th Edition , 2OO4 ('Green
Book')
U.S. Department of Transportation, Federal Highway Administration (FHWA):
¡ Manual on Uniform Traffic Control Devices for Streets and Highways. Evaluating Scour at Bridges (HEC 18)o Bridge Scour and Stream Instability Countermeasures (HEC 23)
USACE and Other Publications:
¡ Retaining and Flood Walls (EM 1710-2-2502)
o Stability Analysis of Concrete Hydraulic Structures (EM 1110-2-2100). Strength Design for Reinforced Concrete Hydraulic Structures (EM 7Lt0-2-21O4). Coastal Engineering Manual (EM 1110-2-1100)¡ Design and Construction of Levees (EM 1110-2-1913). Design of Hydraulic Steel Structures (EM 1110-2-2105). Design of Pile Foundations (EM 1110-2-2906)
ITI. PROJECT SCHEDULE
The anticipated project schedule is as shown below:
Milestone
Consultant Notice to Proceed
Data Gaps Deliverable
Stakeholder Meetings
Proposed Screening Criteria and Weighting
Alternatives Workshop
Draft Alternatives Report
Final Alternatives Report
Date
t Mar 2017
L Apr 2017
Apr-May 2Ot7
L May 2OL7
1 Jun 2017
15 August 2017
1 Oct 2017
2ot8
16
City of Kent
Scope of Work - Exhibit A
The duration of the reviews by the City and County is three (3) weeks for each deliverable.
The Consultant shall respond to review comments within two (2) weeks after receiving
them. The project schedule is an anticipated schedule and may be subject to adjustment at
mutual agreement, whether initiated by the City or Consultant.
IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE
CITY
The City will provide the following items and services to the Consultant that will facilitate the
studies and preparation of the documents for work within the limits of the Project. The
Consultant is entitled to rely on the accuracy and completeness of this and other data
furnished and represented by the City and others, These may include:
¡ Survey, Basemaps, Roadway, Traffic Control, and Erosion Control. Drainage/Hydrauliclnformationo Geotechnicallnformation. Environmental Information. Secure rights-of-entry as necessary.
V. INTELLECTUAL PROPERTY
The documents listed as"Deliverables" in the Detailed Task Description, Section VII of this
scope of work, and other exhibits or presentations for the work covered by this AGREEMENT
and associated supplements will be furnished by the Consultant to the City upon completion
of the various tasks of work. Whether the documents are submitted in electronic media or
in tangible format, any use of the materials on another project or on extensions of this
project beyond the use for which they were intended, or any modification of the materials or
conversion of the materials to an alternate system or format will be without liability or legal
exposure to Consultant. The City will assume all risks associated with such use,
modifications, or conversions. The Consultant may remove from the electronic materials
delivered to the City, all references to the Consultant involvement and will retain a tangible
copy of the materials delivered to the City which will govern the interpretation of the
materials and the information recorded, Electronic files are considered working files only;
the Consultant is not required to maintain electronic files beyond 90 days after the project
final billing, and makes no warranty as to the viability of electronic files beyond 90 days
from date of transmittal.
VI. ABBREVIATIONS
The following abbreviations are referred to throughout this scope of work:
AASHTO American Association of State Highway and Transportation
Officials
ASTM American Society for Testing and Materials
BA Biological Assessment
BDM WSDOT Bridge Design Manual
BRAC Bridge Replacement Advisory Committee
DAHP Department of Archaeology and Historic Preservation
Ecology Washington State Department of Ecology
3ofB
17
City of Kent
Scope of Work - Exhibit A
ECS
ESA
FEMA
FHWA
H&LP
HPA
JARPA
LRFD
NEPA
NMFS
NRHP
PS&E
SEPA
TS&L
WDFW
WSDOT
USACE
USFWS
Environmental Classification Summary
Endangered Species Act
Federal Emergency Management Agency
Federal H ig hway Administration
Highways and Local Programs
Hyd raul ic Project Approval
Joint Aquatic Resources Permit Application
Load Resistance Factor Design
National Environmental Protection Act
National Marine Fisheries Service
National Register of Historic Places
Plans, specifications, and estimates
State Environmental Protection Act
Type, Size and Location
Washington State Department of Fish and Wildlife
Washington State Department of Transportation
United States Army Corps of Engineers
United States Fish and Wildlife Service
VII. DETATLED TASK DESCRIPTION
General Assumptions:
1. The level of effort for each phase and task of work is limited to the amount of labor
and expenses Ìndicated in Exhibit "B'. These costs are itemized in Exhibit "B' to aid in
project tracking purposes only. The budget may be transferred between tasks,
provided the total contracted amount is not exceeded. Additional services beyond
these limits will be considered Extra Work.
2. The Project duration is anticipated to be as indicated in Section IIL Phase 2 duration
will be determined later. The Consultant is responsible for meeting deadlines for
their tasks only; Consultant has no control over those portions of the schedule
related to the tasks performed by the City or any third party,
3. Remedial action associated with hazardous wastes located wíthin the Project Iimits
are not within this scope of services. Hazardous, dangerous, or contaminated
soil/ground water may be encountered on or within the project limits. Should any of
these materials be encountered, addressing the situation will be Extra Work.
4. The analyses, design, plans, specifications, and estimate performed or prepared as
part of the Project will be in English units. Metric units will not be used on this
Project.
5. The plans will be prepared in accordance with City of Kent Drafting Standards as
applied to AutoCAD drawing software.
4of8
18
City of Kent
Scope of Work - Exhibit A
6, The City has the authority to approve proposed work scope and schedule changes
TASKS
Task 1 - Management and Coordination
This task includes the effort needed to organize and manage the design team, and to report
on the project progress.
1. Project Management
Provide direction to the design team. Conduct project coordination meetings as
required with appropriate task leaders, Monitor the planned versus actual rate of
expenditure for each task and take corrective actions if necessary. Collect from
each task leader, the percent complete as measured by how much work is left to
be accomplished on a task by task basis, Maintain a high exposure to the project
team of the issues to be resolved and their potential impacts to the measures of
success for the project,
2. Communicate Progress
Conduct ongoing, proactive, responsive communications with the City staff
involved in the direction and execution of the project, Attend project
coordination meeting at the completion of the draft AAR. Prepare and submit
monthly invoices with a brief progress report that will include identification of
work performed in the previous month's schedule,
3. Quality Assurance/Quality Control
The project manager will implement and conduct COWI quality control/quality
assurance program throughout the project. This requirement will apply to all
su bconsu ltant deliverable work,
4. City Coordination Meetings (Up to 2)
Assumptions:
1. The Consultant's project manager and/or project engineer will meet with the
City's project manager/engineer on as-needed basis throughout the project,
Iimited to the estimated level of effort.
2, Internal project team coordination meetings will be held via teleconference on an
as-needed basis during project duration. These meetings will be in addition to
the two (2) coordination meetings held with the City, but budgeted as part of the
specific work tasks.
Deliverables:
5ofB
19
City of Kent
Scope of Work - Exhibit A
1. Monthly Invoices and Progress Report (1 copy)2. Written Change Authorizations
3. Meeting preparation and attendance
Task2-DataReview
This task includes reviewing existing information provided by the City that may be used to
further develop the project alternative selection study.
1, Review existing Survey Files (Topographic and Digital Terrain Model) from the City.
The City will combine files together for purposes of advancing the alternative
evaluations. The combined files will also include existing Right-of-Way (ROW) limits
and parcel boundaries,
2. Review existing Civil Engineering Files from the City
3, Review existing Utility Information
a. Collect existing utility GIS information from City.
b. Collect existing franchise utility plans from Puget Sound Energy, Comcast and
CenturyLink
4. Review existing Geotechnical Information
5. NOT USED
6. Review existing environmental studies.
Assumptions:
1. City will provide current Lidar study and available survey files2' City will supply all necessary topographic and digital terrain model files in
AutoCAD format3' City will provide information related to prior alignment alternatives and/or studies
completed to date4' City will provide available existing environmental documentation completed for
other levee projects, habitat restoration projects, or City-wide.5. City provided survey files will include existing Right-of-Way.
Deliverables:
1, Listing of Available Documents/Data Gaps,2. Compiled basemap that inctudes available private utitity information
Task 3 - Stakeholder and Public Communications
1. Stakeholder Meeting Support
2. Public Communications Support
Assumptions:
1. City will conduct all stakeholder meetings and provide a summary of meetings to
Consultant team. Consultant team will not participate in stakeholder meetings.
Consultant will review stakeholder meeting notes for use in developing project
alternatives.2. City will be responsible for public communicationsa. Consultant team will provide concept level graphics for use by the City inpublic communications; i.e. up to four concept planvíews.
Deliverables:
1. Up to four (4) concept-level planviews.
Task 4 - Develop Project Design Criteria and Alternative Evaluation Parameters
6ofB
20
City of Kent
Scope of Work - Exhibit A
1. Develop Design Criteria and Project Parameters and confirm with City and County
2. Develop Alternative Evaluation Criteria and confirm with City and County
Assumptions:
1. Task can be accomplished via emails from City and County
Deliverables:
1, Project Design Criteria and Parameters memo
2. Proposed Alternative Evaluation criteria and associated weighting for of
Evaluation Criteria
Task 5 - Alternatives Workshop
This task includes the effort needed to prepare, execute, and summarize the results of a
project alternative development, review, and selection workshop. The goal is to develop up
to four (4) alternative ideas with the City and County and to filter the alternatives to two or
three viable alternatives to further evaluate in more detail. The workshop will be led and
coordinated by the City with primary attendance from City and County staff, The consultant
project team will provide up to three representatives, whose primary role will be to answer
technical questions from the City ancl County participants.
1. Workshop Preparation (Basemap, Conceptual Alternatives Exhibits)
a. Pre-workshop civil preparation will include a basemap of the project site,
b. Pre-workshop geotechnical analysis will include two proposed riverbank cross-
sections; one with the King County standard habitat bench and one without,
These will be evaluated with respect to County, USACE and FEMA
requirements for levee stability, which will be used to establish recommended
minimum levee setbacks for planning purposes,
c. Pre-workshop biological work will include providing up to three exhibits
addressing habitat design possibilities.
2. Workshop Execution
Assumptions:
1. Half-day (4 hour) workshop will be held at City of Kent facility
2. City to lead workshop with prímary participation from City and County staff.
Consultant team to attend as technical resources.
3. City to provide workshop summary for use by the consultant project team in
developing report.
Deliverables
1. Basemap (prior to workshop)
2, Concept Level Exhibits (prior to workshop)
Task 6 - Develop Two (2-3) Second Tier Alternatives
The purpose of this task is to further develop the two or three alternatives developed and
screened ¡n the Workshop for final alternative evaluation ultimately leading to a preferred
alternative for final design.
1. Description of Alternatives
a. Geometry
i. Location of levee or floodwall and associated site grading
b, ROW Issues
7 of B
21
Gity of Kent
Scope of Work - Exhibit A
c. Structure
d. Geotechnical
e, Drainage and Utilities
f, Trail Location and Dimensions
g. Habitat Improvements
h. Environmental Permitting Constraints
i. We will develop matrix identifying environmental permit requirements,
additional studies, and associated schedule considerations comparing
two alternative overall project designs.
i, S 259th Street Roadway Alignment and Grading Conceptsj, Opinion of Construction Cost
2. Develop Comparison Matrix/Apply Weighting
3. Rank Alternatives by Score
Assumptions:
1. Consultant will prepare a concept level design for two or three alternatives as
determined in the Alternatives workshop (Task 5)
2, Comparison Matrix Evaluation Criteria and Weighting to be developed and vetted
in conjunction with the City and County. It is expected that this criteria is a
refinement of the Evaluation Criteria developed for the workshop.
Deliverables:
1, Draft Alternatives Report with Figures and Tables
Task 7 - Closure
The purpose of this task is to complete the Draft Report from Task 6 and close out the
preliminary study effort. The result will be a clear path forward for final design of the
accepted alternative.
1. Minor Report Revisions
2. Teleconference meeting with City and County
Assumptions:
1. City will provide County comments on draft Alternatives Report to consultant for
incorporation into Final Alternatives Report.
2, Final close out meeting with City and County will be conducted via
teleconference.
3. Flood Control District will select the preferred alternative.
Deliverables:
1. Final Alternatives Report with Recommended Alternative
8of8
22
LABOR DETAIL. CPFF
Project: Milwaukee ll Flood Facility Study - Phase lTasks
Owner: City of Kent
Prime: COWINorthAmerica,Inc.
Grand Total
Other Direct Costs
TOTAL LABOR COST
Fixed Fee
Overhead Cost
TOTAL LABOR HOURS
ïotal: Task 7 -Closure
7.2
Task 6 - Develop 2-3 Second Tier Alternatives
7.1 Minor Report Hevisions
6.3
6.2
6.1.10
6.1.9
6.1.8
6.1.7
6.1.6
6.1.5
6.1.4
6.1.3
6.1.2
6.f .1
Task 5 -Alternatives Workshop
6.1 fbscription of Altematives
5.2
Task 4 - Develop Project Design Criteria and Parameters
5.1 Workshop Preparat¡on (Basemap, Concept Alt. Exhibits)
4.2
Totah Task 3 - Stakeholder and Public Communications
4.1 Develop Design Criteria and Project Parameters
3.2
Total: Task 2 - Dala Review
3.1 Stakeholder Meeting Support (No meeting attendance)
2.6
2.5
2.4
2.3
2.2
ïotal: ïask 1 - Management and Coordination
2.1 Survey Files (Topographic and Digital Terrain Model)
1.4
1.3
1.2
1
1.1
WOFK ELEMENT
Meet¡ng with City and County
Report Preparation
Develop Criteria Comparison Matri/Apply Weighting/Rank Alts
Opinion of Construction Cost
S 259th Boadway Alignment
Environmental Permitting Constraints
Habitat lmprovements
Trail Features
Drainage and Utilities
Geotechnical
Structure
ROW lssues
Geometry
Workshop Execution
Develop Alternative Evaluation Crileria
Public Communications Support
Research previous environmental studies.
Existing ROW Files
Geotechnical lnformation
Utility lnformation
Civil Engineering Files
Coordination Meetings (Up to 3)
Quality Assurance/Quality Control
Communicate Progress
I -AtbrnativeStudy
Proiect Management (7 months)
COMPANY
FEES
$98,312
$300
$98,012
$8,9r0
$58,590
$30,512
$68
$838
$6,396
$620
$1,461
$o
$o
$o
$o
$o
$o
$4,861
$o
$1,210
$930
ffi
$1,987
$620
w
$1,633
$462
$620
$512
$0
$134
$134
$460
$134
$1,118
$1,995
$1,964
$2,354 $1 05 $1,295 $495
cowr
$3r,896
$350
$31,546
$2,868
$19,506
$9,172
$o
$s1 4
$1,199
$240
$457
$o
$911
$1,967
$0
$o
$970
$o
$o
$o
$307
$1,223
$182
$409
$o
ffi
$0
$226
$o
$154
$o
$o
$o
$307
$o
$o
GeoEngineers
$11,450
$500
$10,950
$o
ffi
$850
$570
$1,120
$o
$o
$o
$o
$3,375
$o
$0
$o
$o
$o
$o
ffi
$3,000
$o
ffi
$740
$0
$o
$o
$o
$o
$o
$o
$o
$o
$o
$o
Berger
$37,316
$500
$36,816
$3,347
$21,647
$11,822
$o
$151
$o
$226
$1,231
$1,588
$o
$o
$o
$1,381
$o
$0
$703
$1,406
ç477
$719
$151
$377
$o
$o
$713
$0
$99
$478
$364
$136
$226
$636
$264
Perteet
$178,975
$1,6s0
$177,325
$15,125
$99,743
$51,507
$68
$2,353
$8,166
ç2,207
$3,149
$1,588
$911
$1,967
$3,375
$1,381
$970
$4,861
$703
$2,616
$1,714
$6,929
$953
$3,159
$462
$620
$1,451
$0
$387
$61 2
$825
$270
$1,651
$2,631
ï2,228
$4,249
DIRECT SALARY COST
\Copy of COK-M¡lwaukee ìl Flood Fac¡lity Study_vL1.xlsx, Summary ATTACHMENT B
23
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 Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. 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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
24
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $3,000,000 per claim and $3,000,000 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 A:VII.
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 Consultant 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.
25
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26
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: March 6, 2017
To: Public Works Committee Members
From: Toby Hallock, P.E., Environmental Engineer
Through: Mike Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
Item 7: Consultant Agreement with ICF International for Mill Creek
Environmental Impact Statement - Recommend
SUMMARY: The Mill Creek Reestablishment Project includes removing accumulated
sediment from Mill Creek in order to restore the original channel capacity of the
creek. The project will help reduce flood risk throughout the Kent Valley. Removing
sediment from the creek will have environmental impacts to wetlands and fish
habitat. An Environmental Impact Statement (EIS) will be necessary to obtain
permits to construct the project. With this consultant services agreement, ICF
International will prepare an EIS. Also included in the scope of work is coordinating
with permitting agencies, analyzing alternatives for the project, assisting with public
outreach, and responding to and tracking comments from both the public and
permitting agencies.
The consultant work will be authorized in phases.
EXHIBIT: Consultant Contract
BUDGET IMPACT: This contract was included in the 2017 Storm Drainage Budget.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with ICF International to produce an
Environmental Impact Statement for the Mill Creek Reestablishment
Project in the amount of $348,881.77, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
27
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28
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
ICF Jones & Stokes, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the laws of the State of Delaware,
located and doing business at 1108 11th Street, Suite 301, Bellingham, WA 98225, Phone: (360) 255-
2920, Contact: Chris Soncarty (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 prepare a SEPA Draft and Final Environmental Impact Statement for
the Mill Creek Reestablishment Project. For a description, see the Consultant's Scope of
Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Three Hundred Forty Eight Thousand, Eight Hundred Eighty One Dollars and seventy seven
cents ($348,881.77), 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:
29
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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
30
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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
31
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. 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.
/ /
/ /
/ /
/ /
/ /
/ /
32
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Chris Soncarty
ICF Jones & Stokes, Inc.
1108 11th St., Suite 301
Bellingham, WA 98225
(360) 255-2920 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ICF Jones & Stokes - Mill Crk Reestab/Hallock
33
EEO COMPLIANCE DOCUMENTS - 1
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
34
EEO COMPLIANCE DOCUMENTS - 2
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.
35
EEO COMPLIANCE DOCUMENTS - 3
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
36
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 1
SCOPE OF WORK
City of Kent
Mill Creek Reestablishment Project
SEPA Environmental Impact Statement
Scope of Work
INTRODUCTION
This scope of work outlines the tasks to be completed by ICF Jones & Stokes, Inc. (ICF) in preparation of the
State Environmental Policy Act (SEPA) Draft and Final Environmental Impact Statement (EIS) for the City
of Kent (CITY) Mill Creek Reestablishment Project (project). ICF has followed guidance for the approach
and content of a SEPA EIS provided by:
SEPA policies and procedures, as set forth in the State of Washington Administrative Code (WAC)
197-11-960.
City of Kent SEPA policies and procedures as set forth in Kent Municipal Code 11.03.
Currently, flows in Mill Creek result in seasonal flooding within the City of Kent along the Mill Creek
channel between South 267th Street at the upstream end and South 204th Street at the downstream end (study
area) due to substantial sediment deposition within the stream channel. It is anticipated that the Mill Creek
Reestablishment Project EIS would evaluate alternative methods, locations, and schedule for managing
sediment deposition in the portion of the stream channel within the study area.
The CITY has selected ICF Jones & Stokes, Inc. (ICF) as consultant to manage and prepare environmental
documentation for the Mill Creek Reestablishment Project. This scope of work sets forth the approach for the
management/administration of the project, alternatives analysis, public scoping/involvement support,
technical analysis for the development of the Draft EIS, public review of the Draft EIS, response to public
comments on the Draft EIS, and preparation of the Final EIS based on the information available to ICF at the
time of scope preparation.
TASK 1 – PROJECT MANAGEMENT
TASK 1.1 – Project Management and Coordination
Consistent with CITY requirements, ICF shall prepare monthly progress reports identifying work completed
during the invoicing period, invoicing period hours, period labor costs, period direct expenses, status of
Tasks, and, if Tasks are behind schedule and/or over budget, how the ICF shall address these issues and bring
them back into compliance with the contract. The progress reports will also identify any outstanding issues or
foreseeable issues that are of concern.
The ICF project manager, deputy project manager, project director, and financial administrative assistant will
be responsible for administering the contract, scheduling resources, handling team communication (both
internally and with the CITY), responding to requests for information, preparing invoices, tracking budget,
and related project management and administrative tasks.
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SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 2
In addition to project management, this task also includes up to 80 hours of coordination time between the
CITY and ICF project manager and/or deputy project manager across the anticipated 22 month duration of the
project.
Deliverables
Monthly progress reports and invoices and related budget coordination by email or phone.
Assumptions
The CITY will lead the permitting process, including internal City of Kent planning department
coordination.
Scope assumes up to 1 hour per month for the project manager and 0.5 hour per month for the
financial assistant will be required over a 22 month duration to comply with CITY invoicing
requirements. The ICF Project Director will be available for four hours as needed to support the
Project Manager with project budget, schedule and management.
ICF Project Manager and Deputy Project Manager will be available for up to 40 hours each for
internal, client, and Agency/Tribe coordination over the duration of the project. ICF may also
coordinate with other consultants that may be working on other elements of the project as needed and
requested by the CITY.
This scope does not include ICF preparing permit applications or obtaining any permits on behalf of
the CITY
TASK 1.2 – Client Kick-Off Meeting
ICF project manager, deputy project manager, project engineer and senior wetland biologist will prepare for
and participate in a project kick-off meeting with the CITY. The CITY will provide ICF with any project
relevant existing information, literature, studies, documents, designs, and general information for ICF review
in advance of the meeting. Any meeting notes the CITY has from the Pre-Application meeting the CITY had
with the U.S. Army Corps of Engineers, Washington Department of Fish and Wildlife, Washington
Department of Ecology (Agencies) and the Muckleshoot Indian Tribe (Tribe) will be provided to ICF for
review.
The meeting will also focus on developing the Project Objectives, defining the No Action Alternative, and
developing up to three preliminary action alternatives that would potentially be evaluated in the DEIS.
It is assumed that the project objectives would generally be consistent with, but may not limited to the
following elements and that the alternatives to be developed by the CITY and ICF and evaluated in the EIS
would meet the project objectives to various degrees:
Reduce flooding for those portions of the City of Kent within the Mill Creek Subbasin
Avoid and minimize the need for dredging and channel maintenance in the future, post project
Reduce channel erosion within those portions of Mill Creek within the study area
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SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 3
Improve habitat conditions for fish and wildlife, particularly juvenile salmonids
Avoid and minimize impacts to wetlands and wetland buffers
Enhance wetland functions within the project footprint to reduce the need for compensatory
mitigation
Deliverables
Draft and Final Project Objectives
Written Description of preliminary thoughts on Conceptual Alternatives
Assumptions
CITY will provide ICF with all relevant project information prior to the kick-off meeting to the extent
possible
Up to 2 hours are included for the Project Manager and Deputy PM and Project Engineer to review
relevant project information prior to the kick-off meeting.
The kick-off meeting will be held in the City of Kent and will encompass up to 4 hours for the Project
Manager, Deputy Project Manager and Project Engineer, including travel to and from ICF’s Seattle
office
ICF will prepare the meeting agenda, a draft and final summary of the project objectives and
description of conceptual alternatives, with an estimated level of effort of 2 hours for both the Project
Manager and Deputy Project Manager and 1 hour by the Project Engineer
CITY will provide one round of electronic compiled comments in track changes to ICF on the draft
deliverables for incorporation by ICF into final deliverables
TASK 1.3 – Internal Team Meetings
ICF will hold up to three internal team meetings at the beginning of each key phase of the project. One
internal team meeting will be held for the following tasks:
Task 2 – Develop Preliminary Alternatives
Task 3 – Public Scoping and Outreach
Task 5 – Development of Draft and Final EISs
These meetings will be used to outline the project schedule, expectations, deliverables, scope and budget and
provide for questions and answers with technical staff. Having three discrete internal team meetings will
allow the meetings to be focused, limited in scope and relevant to the tasks at hand.
Deliverables
None
Assumptions
Internal meetings will be limited to two hours each.
39
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 4
An agenda will be provided for each internal team meeting, requiring up to 1 hour for the Project
Manager for each meeting
Materials relevant to each meeting will be prepared and printed for hand-out as appropriate. Will
require up to 1 hour for the Project Manager and up to 2 hours for each meeting for the
Administrative Assistant
TASK 1.4 – Records/Administrative Record Management
ICF will adhere to Administrative Records Protocol related to maintaining correspondence, meeting minutes,
drawings, reports, and other documents received and generated over the course of the project. This
information shall be maintained to facilitate retrieval in accordance with the Washington State Public
Disclosure Act (RCW 42.56).
All information related to the EIS process will be maintained by ICF, including an all documents cited, phone
conversations/personal communications, email and other records considered part of the administrative record.
This is limited to information that supports the findings, conclusions and recommendations of ICF’s reports,
including hydrologic and hydraulic modeling and methodology for the modeling.
Deliverables
None
Assumptions
All files and documents will be hosted on ICF’s internal, secure computer system during the EIS
preparation process. ICF will retain these files and documents for up to one year following
completion of the Final EIS.
TASK 2 – DEVELOP PRELIMINARY ALTERNATIVES
This task is focused on developing the alternatives to be considered in the EIS to meet the Agencies and
Tribe’s request for a robust alternatives analysis as part of the SEPA EIS. Prior to the start of Task 2, written
notice to proceed from the City shall be obtained by ICF.
TASK 2.1 – DEVELOP PROJECT OBJECTIVES AND REASONABLE RANGE OF
ALTERNATIVES
ICF will finalize the project objectives and reasonable range of alternatives based on the outcome of Task 1.2
and input from the CITY. ICF will work with the CITY to develop three project alternatives that represent a
reasonable range of action alternatives that would be consistent with the project objectives. The alternatives
will be limited in area to the existing right-of-way along Mill Creek and other properties that are owned by the
CITY, or that the CITY may be considering purchasing in support of the project within the study area, either
for mitigation or to provide other project related elements (i.e., sediment traps, increased stormwater storage).
In general the study area to be considered in developing the reasonable range of alternatives will include an
area along the Mill Creek channel between South 267th Street at the upstream end and South 204th Street at the
downstream end.
40
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 5
Each alternative will only be developed to a conceptual level of detail, intended for discussion purposes with
the CITY. The level of detail will provide a general description of each alternative and how each alternative
would achieve the project objectives. Figures showing possible locations for specific elements/features of
each alternative will be included to assist the written description. The level of detail will include typical
design sketches and figures for elements/features of each alternative (e.g., typical configurations of sediment
traps, floodplain benches, and possible erosion control measures). ICF will provide the CITY with written
descriptions and figures depicting Draft Conceptual Alternatives. The CITY will provide ICF with
consolidated comments on the Draft Conceptual Alternatives which ICF will address and to prepare for
discussion with the Agencies/Tribe (Task 2.2).
ICF will coordinate with the CITY to develop the No Action Alternative. Under SEPA the No Action
Alternative is defined as what would be most likely to happen if the proposal did not occur. The CITY will
provide ICF with some of the elements that should be considered as part of the No Action Alternative.
Deliverables
Draft Objectives and Conceptual Alternatives Summary for discussion with Agencies/Tribes (Task
2.2) (electronic copy)
Assumptions
The CITY will provide ICF with construction related information associated with the Draft
Conceptual Alternatives developed by ICF, such as construction sequencing, construction access,
construction equipment types/quantities needed for construction, fish exclusion/removal techniques,
dewatering techniques (if necessary), water quality control, transport and disposal of dredged
materials, and possible mitigation options for unavoidable impacts.
The CITY will provide consolidated comments on the Draft Summary. Conflicting comments will be
resolved by the CITY prior to submitting comments to ICF
It is assumed that the three Action Alternatives will consider other actions that may achieve the
Project Objectives in addition to dredging the channel. These actions could include the use of
sediment traps within Mill Creek, up to complex channel cross sections that may include “floodplain
benches” and off-channel habitat features to provide increased storage capacity and habitat
complexity within the system.
ICF will develop up to three Draft Conceptual Alternatives consistent with the project objectives, plus
the No Action Alternative; one round of consolidated CITY comments.
The No Action Alternative will include a description of what would be reasonably expected to occur
if the proposed project did not occur. The CITY will help ICF frame this alternative and provide
reasonable considerations that must be defensible.
The ICF project manager, deputy project manager, wetland biologist and hydraulic engineer will be
available for one in-person meeting of up to four hours to discuss and draft the Draft Conceptual
Alternatives with the CITY
TASK 2.2 – COORDINATE WITH AGENCIES/TRIBE ON ALTERNATIVES
Once the Final Conceptual Alternatives have been developed, ICF will support the CITY during coordination
with the Agencies and Tribe. It is expected that an in-person meeting will be needed with the Agencies and
Tribe to discuss the Final Conceptual Alternatives and how each alternative would meet the project
objectives.
41
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 6
Deliverables
Draft Meeting Summary (electronic copy)
Final Meeting Summary (electronic copy)
Assumptions
The CITY will initiate and lead the coordination effort with the Agencies and Tribe. ICF will provide
support during in-person meetings with the Agencies and Tribe
In-person coordination meeting(s) will require up to 4 hours including travel. ICF project manager or
deputy project manager, wetland biologist and hydraulic engineer will be available to participate
ICF will support the coordination by preparing meeting agenda, hard copies of a figure illustrating the
location and components of the 3 action alternatives, and participating in discussions regarding
project objectives and conceptual alternatives
The Final Meeting Summary will outline the Agency/Tribe feedback during the meeting, with
emphasis on comments from the Agencies/Tribe on the Final Conceptual Alternatives. This feedback
will be used to revise the conceptual alternatives in Task 2.3, below
TASK 2.3 – REVISE AND FINALIZE ALTERNATIVES BASED ON AGENCY/TRIBE FEEDBACK
The Final Meeting Summary (Task 2.2 Deliverable, above) will outline the feedback received from the
Agencies and Tribe and the revisions/updates the Agencies and Tribe would like to see incorporated into the
Draft Project Objectives and Conceptual Alternatives. The CITY will provide ICF direction regarding which
revisions/updates to the project objectives and alternatives ICF is to carry forward and address under this task.
ICF will work to revise the Final Project Objectives and Conceptual Alternatives Summary based on
Agency/Tribe feedback and direction from the CITY. The CITY and ICF will work together to present the
rationale outlining reasons feedback received from the Agencies/Tribe cannot be addressed or incorporated
into the Final Project Objectives and/or Conceptual Alternatives.
The Final Project Objectives and Conceptual Alternatives will be carried forward for consideration within the
Draft and Final EIS
Deliverables
Final Objectives and Conceptual Alternatives Summary (electronic copy)
Revised Deliverable.
Assumptions
CITY to direct ICF on specific Agency/Tribe feedback to address and incorporate into the Final
Alternative Concepts
CITY will provide detailed information on the 19 culverts within the study area. Detailed culvert
information will include diameter, inlet and outlet inverts, and culvert length.
No new analysis, beyond what is outlined in Task 2.4, below, will be required to evaluate
Agencies/Tribe revisions/updates carried forward to develop the Final Alternative Concepts
Agencies/Tribe may request minor revisions to the Final Concept Alternatives or a combination of the
Final Concept Alternatives that may result in a modified written description and figure for the Final
Alternative Concepts, which could require up to 8 hours for the Project Manager and Hydraulic
42
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 7
Engineer. The Agencies/Tribe will not request any new or additional alternative concepts beyond
those previously considered within the Draft Alternative Concepts
The CITY will initiate and lead the coordination effort with the Agencies and Tribe. ICF will provide
support during in-person meetings with the Agencies and Tribe
TASK 2.4 – EVALUATE ALTERNATIVES
Each Alternative, once revised to address Agencies/Tribe comments, will be evaluated relative to the Final
Project Objectives and additional screening criteria, which will include the following considerations that are
consistent with the 404(b)(1) guidance, and will meet the robust evaluation of alternatives required by the
Corps for their internal process:
Cost (cost will include justification related to any cap on overall project cost)
Logistics (e.g., ability to schedule, stage, access site, and conduct necessary sequence of activities to
complete the action)
Technologies (consideration of feasible technologies that could also meet project objectives)
Environmental Impact, including wetland/stream and wetland/stream buffer impacts
The evaluation of the alternatives relative to these criteria will be limited to the following elements:
hydrologic and hydraulic analysis, quantitative comparison of wetland/buffer impacts, channel and
streambank erosion within the canyon downstream of South/Southeast 267th Street, sediment transport, and
qualitative evaluation of potential impacts and improvements to fish habitat. These elements will later be
considered as part of the SEPA elements required in the EIS as part of Task 4.3, below.
The evaluation of alternatives will be consistent with the Internal Analysis Guidance document provided by
the Army Corps of Engineers to the CITY.
This task will allow ICF to complete an initial evaluation of the Final Conceptual Alternatives, or the Robust
Alternatives Analysis requested by the CITY, in a meaningful way that can be carried forward in the SEPA
EIS, Task 4.
Deliverables
Draft Alternatives Analysis Report (electronic copy)
Final Alternatives Analysis Report (electronic copy)
Assumptions
The hydrologic and hydraulic model will be completed to determine the flow capacity of the channel
The Sediment Study for the Mill Creek Reestablishment Project prepared by AMEC (2015) will be
used to provide the rationale for the sizing of any sediment traps that may be considered an option for
one or more alternatives that may be evaluated. ICF will not perform any sediment analysis as part of
the evaluation of alternatives.
ICF will develop up to three graphics to help depict each alternative within the Alternatives Analysis
Report.
43
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 8
The quantitative comparison of wetland and wetland buffer impacts will be based on the wetland
boundaries as delineated by Shannon & Wilson (2016). ICF will not perform any wetland
delineations as part of this scope of work
CITY will provide a construction cost estimates necessary for the Final Alternative Concepts
The CITY will provide ICF with electronic files, in AutoCAD Civil 3D 2014 or newer format, of the
delineated wetland and OHWL boundaries, as well as the wetland and stream buffer boundaries.
The CITY will provide ICF with electronic text file of the survey points of channel cross-sections
collected within the Study Area.
TASK 3 – PUBLIC SCOPING AND OUTREACH SUPPORT
The CITY will take the lead on all public scoping and outreach. ICF will support the CITY throughout the
process, as outlined below. Prior to the start of Task 3, written notice to proceed from the City shall be
obtained by ICF.
TASK 3.1 –Scoping Meeting Support
A 30-day public scoping period will begin following release of the Determination of Significance by the
CITY. The CITY will arranged all facilities and coordinate logistics for one scoping meeting in Kent. It is
anticipated that the meeting will last up to three hours. The location of the meeting will be determined by the
CITY. The meeting will be an open house format, lasting up to three hours.
The ICF project manager or deputy project manager will be available to attend the public meeting and
participate in greeting, discussing the project with the public, and answering questions in an open house
format.
The CITY will be responsible for scheduling the public meeting; obtaining the meeting venue; arranging
security; facilitating the meeting; and preparing and publishing the meeting notice.
Deliverables
None - The CITY will be responsible for providing a list of participants and meeting summaries for
incorporation into the Draft and Final EIS.
Assumptions
CITY shall be responsible for preparing and processing the Determination of Significance after Task
2.4 is completed, which will initiate the Public Scoping process.
CITY will provide staff to facilitate the public meeting.
ICF Project Manager or Deputy Project Manager will be available for up to 5 hours to prepare for,
travel to/from, and participate in the public scoping meeting.
Public scoping will be for 30 days. One public meeting will be held, during the 30 day public scoping
period
The CITY will be responsible for public notification, scheduling the Public Scoping Meeting,
obtaining meeting venue, and preparing and publishing meeting location.
Written public comments will be accepted at the scoping meeting. It is assumed the CITY will not
provide the opportunity for oral comments to be recorded at the meetings.
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SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 9
CITY will be responsible for collecting all public comments and will provide all public comment to
ICF in electronic format (i.e., searchable pdf or WORD format).
TASK 3.2 – Scoping Comment Management
ICF will use a structured software (i.e., MS Excel) to catalog and track public scoping comments received
electronically from the CITY. ICF will develop, implement and manage a process for collecting, tracking,
processing, posting, and analyzing public comments provided by the CITY.
Deliverables
List of unique comment quotes sorted by SEPA resource areas for use in DEIS preparation
Assumptions
CITY will collect all public scoping comments and provide to ICF in electronic format, such as
searchable pdf or word document
Up to 50 public comment submissions will be received at the scoping meeting
The 50 public comment submissions will have up to 150 individual/unique comments (i.e. average of 3
unique comments per submission)
ICF will create a file system and save/catalogue all public comments received by the CITY.
Create electronic file folder and submission-naming system to save/catalogue all public comments per
method submitted, and per type of commenter (i.e., citizen, agency, organization).
Review each submission to categorize as unique letter vs. form letter and substantive vs. non-
substantive and determine number of comments and classify or “bracket” each comment based on a
set of topics.
Track each comment and associated bracket code in spreadsheet.
If more than 50 submissions are received, or their content/format is substantially different than
assumptions presented in this scope of work, this scope and budget may be modified to reflect the
additional effort related to processing an increased number of comments or format of comments.
TASK 3.3 – DEIS PUBLIC COMMENT PERIOD AND PUBLIC MEETING
A public comment period will begin following the release of the Draft EIS (Task 5) by the CITY. Public
comment meeting will be held approximately midway through the comment period but not in the first 10 days
or after the 20th day. The CITY will arrange facilities and coordinate logistics for one public comment
meeting.
The CITY and ICF will staff the public comment meeting. ICF staff will be available to support the CITY
during the public meeting. These ICF staff will be available to interact with the public and provide project
information and answer project related questions in the open house area for the duration of the public
meeting. The CITY will facilitate the public hearing portion of the meeting.
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Scope of Work Page 10
The CITY shall be responsible for developing and enforcing ground rules for the Public Meeting.
The ICF Project Manager or Deputy Project Manager will be available for up to 2 hours of pre-meetings with
the CITY to discuss the public meeting format, staff roles during the public meeting, and messaging, and
general public process procedures.
Deliverables
None
Assumptions
CITY will be responsible for preparing and processing the Notice of Availability.
The CITY will be responsible for scheduling the meeting, obtaining venue, arranging for security, and
preparing and publishing the meeting notices.
CITY will provide staff for meeting support for the public meeting. ICF staff will be available to
support for the public meeting. For cost-estimating purposes, the public comment period is assumed
to be 30 days.
One public meeting will be held at the approximate midpoint in the public comment period.
The meeting location will be selected and reserved by the CITY.
The CITY will provide assistance for hearing impaired at the meeting, if needed.
The CITY will provide a court report to record a written record of the public meeting
The CITY will provide a written transcript of the public meeting to ICF (electronic word version)
The CITY will develop and distribute the media advisories.
CITY will provide language translation services as needed for public meeting.
The meeting will be preceded by one preparation and planning session of up to two hours with the
CITY and ICF Project Manager or Deputy Project Manager, and will cover orientation and public
process procedures.
The ICF Project Manager or Deputy Project Manager will be available for up to 5 hours to prepare
for, travel to/from and participate in the public meeting.
TASK 3.4 – Draft EIS Public Comment Management
ICF will use a structured software (i.e., MS Excel) to catalog and track public comments. ICF will develop,
implement, and manage a process for collecting, tracking, processing, posting, and analyzing public
comments during the formal public comment period. Formal public comments will be collected by the CITY
and provided to ICF electronically (i.e. searchable pdf or WORD format). ICF will sort comments by
resource topic and prepare comment summaries.
Deliverables
Computer-generated list of unique comments sorted by SEPA resource areas
46
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
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Assumptions
The CITY will provide ICF with all comments received on the Draft EIS in electronic format (i.e.,
searchable pdf or WORD format).
ICF shall assign each submission a unique identifying submission number and will enter and maintain
the comments in the Excel file.
ICF shall identify and track duplicate comments and distinguish these submittals from unique public
comments. Unique comments will be organized, analyzed, and summarized by SEPA resource area.
Up to 50 public comment submissions will be received, including hard copy comments received at
the two public meetings: oral testimony, postcards, comment forms, and any other format, comments
submitted via the web, comments mailed directly to ICF, or from comments submitted via the co-lead
agencies
The 50 public comment submissions will have up to 150 unique comments (i.e. an average of 3
unique comments per submission)
Every unique comment will be input into Excel.
Only one example of electronic or hard copy mass mailing letters will be input into Excel. Hard copy
form letter comments will be manually sorted, and unique comments added to form letters will be
uploaded to Excel.
A computer-generated list of comments by SEPA resource area will be provided to the CITY within
six weeks of the closing of the public comment period. This document will list all unique comments
by SEPA resource areas.
If the content/format of submissions is substantially different than assumptions presented in this
scope of work, this scope, schedule, and budget will be modified to reflect the additional efforts
related to processing an increased number of comments.
TASK 4 – DATA REVIEW, COLLECTION AND ANALYSIS
ICF will collect and review existing, publicly available information and data from various sources. The CITY
will provide ICF with information and data relevant to the project that may not be publicly available. The
information provided by the CITY may not be project specific, but provides information relevant to the
project, such as reports for other projects within the study area that would be beneficial in defining the
existing conditions, evaluating potential alternatives, or analyzing potential impacts.
ICF will use the information and data gathered, including information gathered during the site visits to
prepare Technical Reports that will form appendices of the EIS. Prior to the start of Task 4, written notice to
proceed from the City shall be obtained by ICF.
TASK 4.1 DATA COLLECTION AND FIELD REVIEW
ICF will search and gather existing information from various sources, including: libraries; local, state and
federal agencies; tribal sources; the internet; and the CITY. The information gathered will be reviewed and
used to define the existing conditions, evaluate potential effects of the project and support any conclusions
presented in the technical reports to be prepared as part of Task 4.3, below.
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SCOPE OF WORK (CONTINUED)
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A site inspection will be performed to familiarize ICF technical staff with the project site conditions. The site
inspection will allow technical staff to observe and document existing conditions within the study area. Five
ICF staff will be present during the site inspection across the following environmental considerations:
Wildlife, Rare Plants, and Habitats
Rivers and Streams (wetland conditions will also be observed for consistency with City’s existing
delineation information)
Parks and Recreation Areas
Noise
Visual Quality, and
Social Effects and Environmental Justice
Prior to conducting the site inspection, the ICF staff who will be part of the site inspection team will
participate in a two-hour meeting to discuss the site inspection, outline objectives for the site inspections, go
over access, and outline specific information that must be obtained during the site inspection for the various
environmental considerations outlined above.
The CITY will obtain permission for ICF staff to access the Mill Creek corridor within the study area,
between South 276th Street and South 204th Street. The CITY will inform ICF of any and all areas where
access is not permitted.
Deliverables
None; data will be incorporated into Task 4.2
Assumptions
Up to two hours for a pre-site inspection meeting, for 5 ICF staff to participate and discuss the
objectives of the site inspection.
ICF and the CITY will coordinate on the date of the site inspection, so the CITY can coordinate with
landowners as necessary
The CITY will coordinate with landowners within the study area and inform the landowners of ICF
staff presence in the study area to conduct site inspection
CITY will be responsible for obtaining permission from landowners for ICF staff to enter private
property as necessary to perform the site inspection within the study area
CITY will inform ICF of all properties where permission to access has granted, and ICF will only
enter the private properties the City had identified as allowable.
CITY will provide ICF with electronic files in AutoCAD Civil 3D 2014 or newer that identify and
show the location of all above ground and below ground utilities within the study area. Information
will indicate the height above ground for above ground utilities and depth below ground for below
ground utilities for the purposes of considering potential alternatives.
CITY will collect channel cross-sections sufficient for ICF to run the Hydraulic model. Should
additional cross-sections be required, the CITY will be responsible for collecting those cross-sections.
Delays in collecting the cross-sections could affect schedule. Cross section data shall be collected on
48
SCOPE OF WORK (CONTINUED)
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a common horizontal and vertical datum to allow integration of the new survey data with previously
collected survey data.
Up to 8 hours will be provided to up to 5 staff to collect relevant information for the various resource
areas and conduct the field review.
The CITY will provide ICF with a Cultural Resources Technical Report.
TASK 4.2 PREPARE TECHNICAL REPORTS
The following technical reports will be prepared for the project. Each technical report is reflected as a line
item on the attached cost estimate, to assess the anticipated level of effort.
As part of this task, ICF will prepare a project description that describes the preferred alternative, including
design and construction. The project description will include up to three figures, including study area and
vicinity map. The project description will rely on a bullet list describing elements of the project, to help the
reader understand the full scope and intent of the project, including the project objectives and how the project
meets or achieves the project objectives. The project description will be included as part of each Technical
Report.
Technical Reports
Technical reports will be prepared by ICF. The level of detail and analysis provided in the Technical Reports
will be “right sized” to the project and the potential effects of the project on the environmental considerations
outlined below. The Technical Reports will be prepared to meet the criteria and level of detail required by
SEPA. Based on the current understanding of the project, input from the CITY and understanding of the
Agencies/Tribe concern with the project, the following draft and final technical reports will be prepared for
the project:
Water
Plants and Animals (Fish, Wildlife and Habitat)
Draft Technical Reports will be submitted electronically to the CITY for review and comment. The CITY
will provide one consolidated set of comments back to ICF and ICF will incorporate the comments and
submit Draft Final Technical Reports to the CITY for review. The revised technical reports will constitute the
Final Technical Reports, and will be used as the basis for, and likely appear as appendices to the EIS.
Deliverables
Draft Technical Reports (electronic copy)
Final Technical Reports (electronic copy)
Assumptions
ICF will collect and review existing information from publicly available sources, as well as
information provided by the CITY relevant to the project and project study area. This information
will be used to characterize and define the existing conditions within the study area for the various
bulleted above under Task 4.3.
49
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Technical Reports will be based on existing and available information, and observations documented
during the site visits to define and describe the existing conditions for each discipline. ICF will not
need to collect any additional field data or information beyond that scoped herein in order to prepare
the Technical Reports
The CITY will provide ICF with description of project construction that includes the types of
equipment that are anticipated to be required for construction, construction duration, staging of
construction equipment, disposal of dredged materials, etc.
The CITY will provide ICF with any and all information that may be relevant to the project and
support the preparation of the Technical Reports identified above
ICF will prepare the Project Description that will describe the Preferred Alternative. The Project
Description will be used in each of the Technical Reports.
ICF will develop all figures for the Technical Reports.
TASK 5 – DEVELOPMENT OF DRAFT AND FINAL EIS
ICF will develop an Administrative Draft EIS for the proposed project for CITY review. Following the
CITYs review, a Draft EIS will be prepared and released for public review and comment. Following public
review and addressing public comments, a Final EIS will be prepared and released. Prior to the start of Task
5, written notice to proceed from the City shall be obtained by ICF.
TASK 5.1 – FINAL ALTERNATIVES DEVELOPMENT
The Draft and Final EIS will include a No-Action Alternative and a Proposed Action Alternative unique to
the project. ICF will develop a description of the Proposed Action and project objectives in coordination with
the CITY. Information will be taken from Task 2, above.
The Draft and Final EIS will also include descriptions for the alternatives considered but rejected. Included in
the discussion will be alternatives considered and rejected, as appropriate. The alternatives chapter will be
written in a reader-friendly manner for insertion directly into the Draft EIS, as appropriate.
Graphics will be developed based on material developed by ICF under Task 3. ICF will prepare other
graphics, such as vicinity maps and explanatory graphics, as necessary.
ICF will work with the CITY to refine the No-Action Alternative and the Proposed Action Alternative from
what was developed previously under Task 2.1, based on public comments received under Task 3 and what, if
any, future projects, improvements, or regulatory frameworks may be reasonable to consider under this
scenario. ICF will work with the CITY to identify the operational timeframe for the No-Action Alternative.
The CITY will provide ICF with a decision of the preferred alternative to be considered the Proposed Action
in the Draft and Final EIS.
A draft Alternatives chapter will then be provided to the CITY for review. Upon receiving comments from the
CITY, ICF will update the sections and insert them into the Administrative Draft EIS document.
Deliverables
Draft and Final EIS Alternatives Chapter (electronic copy)
50
SCOPE OF WORK (CONTINUED)
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Assumptions
The No-Action Alternative will include projected changes in land-use and development within the
study area.
The CITY will provide ICF with as much information on project timing, phasing, and construction
methods and equipment for the action alternatives as can be reasonably predicted at this point in the
project.
One round of consolidated review and comment in track changes by the City.
TASK 5.2 – PREPARE ADMINISTRATIVE DRAFT EIS
ICF will prepare an Administrative Draft EIS to address SEPA regulatory requirements and other state and
local regulatory requirements; to summarize key findings from the technical analyses; and to include critical
technical data (for appendices). The Administrative Draft EIS will be prepared for CITY review prior to
publication.
The following outline will be followed for the Administrative Draft EIS, but may be modified as document
development moves forward.
Document Front, Back, and Inside Cover. The document cover and inside cover will provide the title of the
proposed action alternative, where it is located, the type of document, date, and appropriate CITY agency logo
and name.
Fact Sheet. A Fact Sheet will be prepared that provides the project title and description; name and address of CITY
as Lead Agency and the responsible official; contact persons; list of permits and approvals; authors and principal
contributors; date of issue of the Draft EIS; date the Draft EIS comments are due; public meetings; agency action
and projected date of action; and Draft EIS availability.
Summary. The Summary will summarize the contents of the Draft EIS, including the major conclusions, areas of
controversy (including issues raised by agencies and the public during scoping), and issues to be resolved
(including the choice among alternatives). The summary will list local, state, and federal permits, licenses, and
other entitlements that may be required. The summary will also include a listing of any significant adverse impacts
that cannot be mitigated, should any be identified.
Table of Contents
Abbreviations and Acronyms
Chapter 1: Proposed Action. Subtask 5.1 provides the basis for this chapter. Following review of that submittal, the
chapter will be revised and formatted as part of the EIS.
Chapter 2: Alternatives. This chapter will describe the proposed action alternative and objectives, as well as the No-
Action Alternative. For alternatives considered but rejected, a brief discussion regarding their elimination will also
be included. Project construction methods and phasing will be discussed in this chapter, as well as any future
maintenance that may be determined to be necessary.
Chapter 3: Existing Conditions, Project Impacts, and Mitigation Measures. Each section of this chapter will be
organized by environmental resource as presented in Task 4.3. Each section will begin by describing the study
area and succinctly describing the existing conditions of the study area. This chapter will also present the
approaches and methods used for analyses and will describe the potential environmental impacts and proposed
mitigation measures for the Proposed Action.
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Appendices. Technical reports will likely be included in a separate volume of appendices. Discussion with the CITY
will determine if all technical reports will be included. At a minimum, supporting technical information that may be
critical to understanding the conclusions in the documents will be included in the appendices.
Deliverables
Clean Word files delivered electronically and compiled PDFs of figures (electronic copy)
Assumptions
The CITY will coordinate their review of the Administrative Draft EIS and provide ICF with one
round of consolidated edits and comments in track changes.
The CITY will have 30 days to review the Administrative Draft EIS and provide ICF with comments.
ICF will summarize the Wetland Delineation Report prepared by Shannon & Wilson for the project
for the Draft and Final EIS. Figures within the Wetlands Delineation Report will be used as
necessary. ICF may develop new/additional figures as necessary to quantify the wetland impacts
resulting from the project.
ICF will summarize the Cultural Resources Technical Report for the Draft and Final EIS. Figures
within the Cultural Resources Technical Report will be used as necessary. ICF will not develop
new/additional figures for the Cultural/Historic Resources Section of the Draft or Final EIS.
Comments will not result in new data collection, areas of analyses, or new modeling efforts.
TASK 5.3 –PREPARE DRAFT EIS
Following compilation and submittal of comments from the CITY, ICF will review and respond to CITY
comments on the Administrative Draft EIS. ICF will update the Administrative Draft EIS for a second review
and approval by the CITY for publishing as the Draft EIS for public comment. The Draft EIS will undergo
ICF’s internal quality control. ICF’s publications team will ensure the documents are easy to read, visually
simple, and concise.
Certain resource areas will not require preparation of a technical report because the project is not expected to
have a significant or adverse impact. For these resource areas, the existing conditions and potential impacts
will be presented in the Draft and Final EIS, with no supporting technical reports provided. These resource
areas include the following:
Earth
Air and Noise
Energy and Natural Resources
Environmental Health
Land and Shoreline Use
Housing
Light and Glare, Aesthetics
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Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 17
Recreation
Transportation
Public Services and Utilities
Wetlands
Cultural and Historic Resources and Preservation
For wetlands, the CITY has provided ICF with the Wetlands Report prepared by Shannon & Wilson. ICF
will summarize this report in the Draft and Final EIS and will use this report and the delineated wetland
boundaries to quantify the impacts to wetlands. ICF will not identify the wetland mitigation, but will clarify
within the Draft and Final EIS that wetland impacts will be mitigated as required by federal, state and local
regulations.
For Historic and Cultural Resources, the CITY will provide ICF with a Cultural Resources Technical Report
to be prepared by another consultant (not ICF) in support of the Project. The Cultural Resources Technical
Report will be summarized by ICF in the Draft and Final EIS and included as supporting documentation to
the Draft and Final EIS. No archaeological or historic architecture surveys or records searches will be
performed by ICF. No site visits will be necessary in support of Cultural and Historic Resources.
Revised Draft Administrative EIS
Upon initial review by the CITY, ICF will update the Administrative Draft EIS per CITY comments and
provide an interim deliverable for a second review by the CITY. This review will not result in the need for
ICF to perform any new or additional analysis or field work.
Print Check Draft EIS
Upon review and approval of the Revised Administrative Draft EIS by the CITY, ICF will move forward with
preparation of the Print Check Draft EIS for the CITY review (page-turn/print check review). The CITY will
meet with ICF in the ICF Seattle office to review any final comments and edits, as necessary.
Deliverables
Clean Word files delivered electronically and compiled PDFs of figures of the Revised
Administrative Draft EIS
Clean Word files and compiled PDFs of figures of the Print Check Draft EIS (hard-copy to be
reviewed in ICF Seattle Office)
Assumptions
The CITY will be available to meet in the ICF Seattle office to do the page-turn review. Page-turn
review will be done in hard copy and require up to one 8-hour day for the Project Manager or Deputy
Project Manager and lead editor working in conjunction with CITY staff.
TASK 5.4 – PRODUCE DRAFT EIS FOR PUBLIC REVIEW
Upon approval from the CITY, ICF shall create PDF files as well as burning files to DVDs for the CITY’s
use in publishing the DEIS for public review.
53
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 18
Deliverables
PDFs for the CITY:
o Compiled PDF of entire Draft EIS without appendices
o Compiled PDF of all appendices
o Individual PDFs for each chapter of the Draft EIS
o Individual PDFs for each appendix
o 5 hard copies of the Draft EIS with appendices
o 25 discs/DVDs containing the Draft EIS and appendices in PDF format
Assumptions
This scope of work and budget will be amended to include the expense and labor related to additional
Draft EIS production beyond the 5 hard copies and 25 discs/DVDs outlined above
ICF will deliver the hard copy documents and discs/DVDs to the CITY via Fed Ex
The CITY will be responsible for announcing and distributing hard copy documents and discs/DVDs
of the Draft EIS for 30-day Public Review.
TASK 5.5 – PREPARE RESPONSE TO PUBLIC COMMENTS
After public comments on the Draft EIS are received by the CITY, ICF will work with the CITY to develop
an approach for responding to public comments and preparing the Draft Final EIS. Each unique comment and
one example from mass mailings (if received) will be listed in the public comment summary and a response
provided. Based on a review of the comments, additional work required to complete the Final EIS will be
completed as needed (Task 5.7).
The ICF Project Manager or Deputy Project Manager and Public Comment Lead will participate in up to 4
hours of meetings with the CITY to review and develop the approach to address public comments received on
the Draft EIS and to discuss revisions to the Draft EIS necessary to adequately address comments. ICF will
then prepare comment summaries of key comment themes, master responses to key themes, and responses to
all unique comments. ICF will work iteratively with the CITY to review and revise the master responses to
unique comments prior to insertion in the Administrative Draft Final EIS. Upon receiving comments from the
CITY on the master responses and responses to unique comments, ICF will update the responses to comments
as necessary. Additional context or details may be necessary to provide within the Administrative Draft Final
EIS but it is assumed that no new analysis will be required to respond to the public comments.
Deliverables
ICF a summary of key comments (i.e., bulleted list of key comment themes) and will develop key
comment summary narratives and corresponding master responses and provide to the CITY for
review
Assumptions
ICF Project Manager or Deputy Project Manager and Public Comment Lead will be available for up
to 4 hours to meet with the City.
54
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 19
ICF will develop up to 10 Master Responses and up to 150 individual/unique comments, assuming up
to 50 comment submissions are received.
For cost estimating purposes, it is assumed that no more than 10 key comment themes and master
responses will be needed for the Final EIS and that ICF will rely in part on master responses to
address up to 150 individual/unique comments.
TASK 5.6 – PREPARE ADMINISTRATIVE FINAL EIS
ICF will prepare an Administrative Final EIS to address SEPA regulatory requirements and other state and
local regulatory requirements; to respond to public comments on the Draft EIS; and to revise/update the Draft
EIS as necessary.
For purposes of this scope of work, ICF assumes that the Administrative Final EIS will include a response-to-
comments document and the entire updated/revised Draft EIS, which will become the Final EIS. The
Administrative Final EIS will include the following.
Draft EIS with updates or revisions addressing public comments and any revised federal and state
requirements.
A list of persons, agencies, and organizations commenting on the Draft EIS.
Responses to unique comments and master responses to key comment themes.
It is assumed that no additional or new analysis will be required to address public comments or to revise the
Draft EIS and other information to support the response to comments. If additional analysis is needed, ICF
will work with the CITY to amend the scope of work, budget, and schedule as necessary to adequately
respond to and address public comments that require additional analysis.
Once complete, the Administrative Final EIS will be provided to the CITY electronically.
Deliverables
Administrative Final EIS including Appendices, Word files delivered electronically
Assumptions
The CITY will coordinate their review of the Administrative Final EIS and provide ICF with one
round of consolidated edits and comments in track changes.
The CITY will have 30 days to review the Administrative Final EIS.
ICFs response to CITY comments will be addressed in the same Administrative Final EIS files.
TASK 5.7 – PREPARE REVISED FINAL EIS
Following compilation and submittal of comments from the CITY, ICF will review and respond to comments
on the Administrative Final EIS and produce the Revised Administrative Final EIS for review.
It is anticipated that a series of meetings, requiring up to 8 hours and attended by the Project Manager and
Deputy Project Manager will be required to resolve any outstanding CITY concerns. Once comments are
55
SCOPE OF WORK (CONTINUED)
Mill Creek Reestablishment Project EIS, City of Kent February 1, 2017
Scope of Work Page 20
resolved, ICF will update the Revised Administrative Final EIS for publication. The Revised Administrative
Final EIS will undergo ICFs internal quality control processes.
Print-Check Final EIS
Upon completion of the Revised Administrative Final EIS, ICF will move forward with preparation of the
Print-Check Final EIS for the CITYs review (page-turn/print check review). The CITY will meet with ICF for
the page-turn/print check review at the ICF Seattle Office to review any final comments and edits, as
necessary.
Deliverables
Revised Administrative Final EIS, Word files delivered electronically
Compiled PDFs of Print Check Final EIS, delivered electronically
Assumptions
The CITY will perform a final page-turn review in the ICF Seattle Office with ICF Project Manager,
Deputy Project Manager, Editor(s) and any technical staff that may be required.
The page-turn review is the CITY’s final opportunity to request changes before ICF prepares the
Final EIS for production.
No further changes will be made to the Final EIS once the page-turn review is complete.
TASK 5.8 – PREPARE FINAL EIS
After completion of Task 5.7, ICF will prepare the Final EIS.
The CITY will prepare public notices and develop press releases as necessary.
Deliverables
5 hard copies of the Final EIS with DVDs of the Appendices and Response to Comments delivered to
the CITY
25 DVDs containing PDFs of the Final EIS delivered to the CITY
Assumptions
ICF will deliver hard copies and DVDs to the CITY by FedEx
The CITY will be responsible for distributing the 5 hard copies as appropriate (i.e., libraries, CITY
offices, etc.) and posting the Final EIS on the City’s website if/as necessary.
Public Comments and any attachments submitted in support of public comments on the Draft EIS will
be provided in electronic format on DVDs and not reproduced in hard copy format for the Final EIS.
56
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57
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 Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. 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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
58
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $3,000,000 per claim and $3,000,000 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 A:VII.
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 Consultant 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.
59
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60
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 6, 2017
To: Public Works Committee Members
From: Kelly Peterson, AICP, Transportation Engineering Manager
Through: Chad Bieren, P.E., Deputy Director / City Engineer
Item 6: Goods and Service Contract with Western Systems for Traffic
Signal Cabinets - Recommend
SUMMARY: All traffic signals are controlled by electronic components within the
traffic signal control cabinet. These components include the controller, malfunction
monitor, bus interface units, vehicle loop amplifiers, emergency vehicle pre-emption
module, load switches, flasher module, flash tray transfers, and cabinet power supply.
These cabinets and components have a 20-year life cycle, but several in the City
have exceeded that time frame.
These cabinets will be purchased off the state contract, which includes negotiated
prices that assume a higher volume of goods.
EXHIBIT: Contract and written quote.
BUDGET IMPACT: This is a budgeted item, included in the B & O budget.
Motion: Move to recommend Council authorize the Mayor to sign a Goods
and Services Agreement with Western Systems for the purchase of six
traffic signal cabinets and plug-in electrical components, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
61
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62
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Western Systems, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Western Systems, Inc. organized under the laws of the State of Washington,
located and doing business at 1122 Industry St., Building B, Everett, WA 98203, Phone: (425) 438-1133,
Contact: Robert Nims (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall supply six traffic signal controller cabinets and plug-in electronic
equipment. For a description, see the Vendor's quote which is attached as Exhibit A and
incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by August 31, 2017.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Fifty Eight Thousand, Six Hundred Twenty Two Dollars and forty seven cents ($158,622.47), including
applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
The payment terms shall be net 30 days after delivery of each complete controller cabinet
as described in the Vendor's quote.
63
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
64
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
65
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor 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.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor 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 Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
66
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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
Vendor's own risk, and Vendor 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI 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 Vendor.
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.
67
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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 Vendor 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 and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Robert Nims
Western Systems, Inc.
1122 Industry St., Building B
Everett, WA 98203
(425) 438-1133 (telephone)
(425) 438-1585 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Western Systems - Controller Cabinets/Sorensen
68
EEO COMPLIANCE DOCUMENTS - 1 of 3
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
69
EEO COMPLIANCE DOCUMENTS - 2 of 3
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 $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
70
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
71
Western$ystems
lnñ0vãlrvrr If¿ìns0O'låtrðn Sollli¡lÊs
1 1 22 INDUSTRY STREET, BLDE. B PHtrNE {425) 43El-l I 33
February 17,2017 Quotation # WSQ WA-RN3485SC
Attention: Mike Sorensen / City of Kent
Quotation - (6) P+ (TS2-f ) Gabinets
We are pleased to provide this quotation for controller cabinets and plug-in electronic equipment. All equipment can be purchased
through WSDOES contract 04616 with all applicable discounts factored into the pricing. lf you have any questions, please let us
know.
Sat¿E ïo.x $ 1316l. ì?
I
Bid ttem #1:Type P+ (T2.S1) Cabinet with Plug.ins
6 - Type P+ controller cabinet wired per City of Kent (TS2-1) specifications and including: Type P+ aluminum (2-door) enclosure
(unfinished outside / white inside), UL listed with continuous welds, rolled stock handle on main door, hex handle on side
door, BestTM CX core locks and 8" riser frame (unfinished) with; 16-position (TS2-1) load bay, generator bypass cable, AC
outlet panel, auxiliary switch panel, detector panel 64 channel, (1) detector rack % width wired for 1 - PS / 16 - channels of
detection/4-preemptionchannels,(3)detectorracks/,widthwiredforl-PS/16-channelofdetection,fan&thermostat
assemblies, power supply interface panel, power panel, TS2 cables, unused phase links and final assembly
Western Systems Part # 3012500005, 3310000000, 251051 3017, 2010000040
lnclude the following plug-in devices:
1 - Power supply shelf mount TS2 5A
Eberle Desiqn, lnc. (EDl) Part # PS250
6 - Bus interface unit % width
Eberle Desiqn, lnc. (EDl) Part# B|U700H
16 - Load switch cube with l/O indicators
Power Distribution & Control (PDC) Part # SSS.87I/O
1 - Flasher cube
Power Distribution & Conhol (PDC) Part # SSF.87
6 - Flash hansfer relay
Detrol Part # 295
16 - Loop amplifier 4 channel 1/,widlh rack mount LED display
Eberle Desiqn, lnc. (EDl) Part # LMD624H
1 - UPS power module 1100W with (6) relays & 120V inpuVoutput with SNMP
Alpha Part # FXM1100UPS/SNMP
1 - Automatic hansfer switch assembly with surge & RPA 120V
Alpha Part # 020.168.25
1 - Battery equalizer for (1) shing of 48V batteries
Alpha Part # AlphaGuard
1 - Battery cable harness kit 48V 9.8ft %-20 terminals FXM series
Alpha Part # 740-628-27
4 - Battery Alpha0ell 220 cXL (109 AH / 73 Lb)
Alpha Part # 220GOLD-HP
1 7
Tãvr $ ts46zz.17
72
lnnÕrãhva: ìf¡nstù¡laìr0n 5ûluli0ns
1 1 22 INDUSTRY STREET, ELDG. B PHENE (425] 43El-1 I 33
GENERAL CONDITIONS OF SALE
The acceptance of th¡s quotation implies the acceptance of the follow¡ng terms and conditions which cannot be var¡ed or waived except by express written
authorizalion by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer
in any purchase order or written communication shall not be binding on Western Systems.
TERMS AND CONDITIONS
Purchase order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order.
Delivery: Estimated at 80-l 1 0 days after release.
Freiqht Terms: FOB Deslination.
Validitv Period: 60 days ftom date of quotation.
fg¡gg: Unless cunent resale certifìcates are on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to
the quoted prices herein.
Pavment Terms: Net 30 days / we impose a surcharge of 2% on the transaction amount on VISA and Master Card credit card products, which is not greater than
our cost of acceptance. We do not surcharge VISA and Master Card debit cards. All prices are quoted as USD funds.
Non-Pavment Penalties: ìf payment has not been received within terms, the purchaser will bê considered in default. Western Systems will be entitled, without
prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs ìncurred such as administration, storage, legal advice etc. The
unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Westem Systems reserves the r¡ght to hold
goods untìl cusiomer balances their account.
Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of
Buyeis account ¡mmediately due and payable. lf unpaid balance is refened for collections, Buyer agrees to pay Western Systems, to the extent permitted by law,
reasonable aftorney fees in addition to all damages othen¡vise available, plus any court costs or expenses incuned by Western Systems, plus any finance charges
accrued on any unpaid balance owed by Purchaser.
Deferment or Cancellation Policv: 0rder deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees.
Documentation: Any operational documentation supplied as a part of this quotation remains the property ofWestern Systems and may not be copied, reproduced,
transmitted or communicated to 3rd parties without lhe express written consent of Western Systems.
@_SgrvçgS: This quotation does not provide or imply any on-site support services for the products on this quotation unless mentioned specifìcally as part of
this quotation. Quotations for support services will be made upon request by purchaser.
Force Maieure: Western Systems, lnc. shall in no event be responsible for delays in performance due to act¡ons beyond its reasonable control including wÌthout
limitation acts of God, strikes, labor shortage or disturbance, fìre, accident, war, civil drsturbance or canier delays.
Warrantv: Western Systems offers a 1 year warranty on materiais goods from the date of factory shìpment, unless superseded by manufacturer warranty.
Western Systems, lnc. accepts no liability for enors or omissions or the accuracy or the completeness of th¡s quotation, lt has been prepared to the best of our
knowledge per plans, specifications, documentation and communications provided but we do not guarantee these to be accurate or of the ìatest revision,
Determination of accuracy of this quotation and final quantities are the sole responsibility of recipient. THIS QU0TATION INCLUDES 0NLY THE ITEMS LISTED
HEREIN lf you see anything inconect please let us know and we will issue a new or revised quotation.
Western Systems, lnc. shall in no event be liable for any special, consequentral, incidental or liquidated damages (including without limitation damages for loss of
use of facilities or equipment, loss of revenue, loss of profìts or loss of goodwill), regardless of whether seller (a) has been informed of the possibiliiy of such
damages or (b) is negligent,
WE APPRECIATE YOUR CONTINUED SUPPORT!
Sincerely,
WESTERN SYSTEMS
Western$ystems
FUt'ul W. N;"^+
President
2
73
EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS
Insurance
The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. 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 Contractor’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.
2. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
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 Contractor’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 Contractor’s
insurance and shall not contribute with it.
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EXHIBIT B (Continued)
2. The Contractor’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 contractor 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 Contractor’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 A:VII.
E. Verification of Coverage
Contractor 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
Contractor 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 Contractor.
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Mark Madfai, P.E. Design Engineering Supervisor
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 9: Freight Mobility Strategic Investment Board (FMSIB) & Puget
Sound Regional Council (PSRC) Grant for S 228th Street UPRR -
Recommend
SUMMARY: The City was originally awarded $3.25 million from the Freight Mobility
Strategic Investment Board (FMSIB) for the 228th Street Grade Separation at Union
Pacific. FMSIB is also administering $1 million of funds from the Union Pacific
Railroad for that grade separation for a total of $4.25 million.
The City was also successful in being awarded $3 million of federal funds through
the Puget Sound Regional Council (PSRC) for the S. 228th St. UP Grade Separation.
These funds have not been formally accepted through the City Council. In order to
bill for and receive reimbursements with these grant funds they need to be formally
accepted through council.
EXHIBIT: N/A
BUDGET IMPACT: These funds are included in the City’s budget for this project.
Motion: Move to recommend Council accept $4.25 million of grant funds
from the Washington State Freight Mobility Strategic Investment Board
and $3 million of federal grant funds awarded through the Puget Sound
Regional Council and authorize staff and/or the Mayor to sign any
necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Gina Hungerford, Conservations Coordinator
THROUGH: Matt Knox, Environmental Engineering Supervisor
Mike Mactutis, P.E. Environmental Engineering Manager
Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 10: Information Only/ 2017 Water Festival
SUMMARY: The annual Water Festival for 3rd - 5th grade students is happening
March 28 & 29, 2017 at Green River College. This is the 18th year that we’ve hosted
this environmental education event. We have over 1,800 students registered, almost
900 of who are coming from Kent schools, and 926 coming from Auburn and Federal
Way.
There are 43 presenters scheduled – 10 of whom are our enthusiastic in-house
staffers, providing 353 learning sessions between 10 am - 1:30 pm over the two day
event. Topics to be presented include water conservation, water quality protection,
salmon & habitat protection, and recycling.
This year we are fortunate to have been awarded an EPA Environmental Education
sub-grant of $5,000. This will help cover cost of several Green River Coalition
presenters, as well as some cost of transporting students to the event.
Educational seminars such as this are required elements of our federal National
Pollutant Discharge Elimination System (NPDES) permit and our Water System Plan.
EXHIBIT: None
BUDGET IMPACT: The City will receive $5,000. The other costs are included in our
budget for our NPDES work and our Water System Plan.
INFORMATION ITEM/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Gina Hungerford, Conservation Coordinator
THROUGH: Matt Knox, Environmental Engineering Supervisor
Mike Mactutis, P.E. Environmental Engineering Manager
Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 11: Information Only/Residential Recycling Event, Composter
Sale and Curbside Cleanup
SUMMARY: The Annual Spring Recycling Event will be held March 18th, 9:00am-
3:00pm, at Hogan Park on Russell Rd 24400 Russell Road. Residents are invited to
bring items not easily recycled at the curb including appliances, tires, bulky yard
debris & Styrofoam at no charge. NW Center will be on site to collect reusable
household goods. For a list of what to bring, visit KentWA.gov.
The Composter Sale will also take place on the 18th at Hogan Park. Composters
will be available for $25.00 while supplies last.
Both these events are funded by the Dept. of Ecology Coordinated Prevention Grant,
the King County Waste Reduction and Recycling Grant, and the Local Hazardous
Waste Management Program Grant.
April 3-14 is Spring Curbside Cleanup Week wherein residents can place
additional garbage and yard waste at the curb at no additional charge on their
regularly-scheduled yard waste collection day only. A flyer with details will be
available at KentWA.gov.
EXHIBIT: None
BUDGET IMPACT: The Residential Recycling Events are paid for through grants
from the state and King County Solid Waste.
INFORMATION ITEM/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Greg Reed, Utilities Manager
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 12: Information Only/Vactor Spoils Overage - Recommend
SUMMARY: Rivers Edge Environmental Services has completed hauling and
disposing the contaminated soil from the Vactor site. The original contract tonnage
was estimated to be 2,800 tons. Upon complete removal of the contaminated
material, the final tonnage came to 2,996 tons, an overage of 7%. The amendment
total of $37,257.66 includes $15,193.92 for contaminated material disposal and
$22,063.74 for contract sales tax. Tax was not included in the original estimated
contract agreement.
With removal of the contaminated material, the Vactor site is now ready to receive
material generated from projects/work identified in the Drainage Section 2017 Work
Plan.
EXHIBIT: Pictures
BUDGET IMPACT: Storm Drainage enterprise fund
Motion:
INFORMATION ONLY/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Bill Thomas, Street Manager
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 13: Information Only/Potholes
SUMMARY: The snow, freeze, rain cycles contribute to the increased degradation of
our pavement on roads that are in poorer condition; 957 potholes were filled from
December 1, 2016 through February 23, 2017 compared to 699 potholes filled for
the same time period last year.
We are happy to report that the repairing of James Street and South Central has
resulted in a much lower number of potholes than what we would have had
otherwise!
EXHIBIT: None
BUDGET IMPACT: Pothole refilling is a budgeted item.
Motion:
INFORMATION ONLY/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: March 6, 2017
TO: Public Works Committee Members
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 14: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
Motion:
INFORMATION ONLY/NO MOTION REQUIRED
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