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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/18/2011 CITY OF KENT AgendaCity Council Meeting January 18, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon Sill %%i 11 Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT January 18, 2011 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Witham 10 minutes 2. Council Retreat Preparation Jamie Perry 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Jon Johnson Recognition D. Kent Downtown Partnership E. National Mentoring Month Proclamation F. Legislative Update 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Kent Downtown Partnership Annual Agreement - Authorize D. Van Ness Feldman Federal Lobbyist Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED E. Olympic Environmental Resources Recycling Contract — Authorize F. Pace Engineers, Stormwater Pump Station Consultant Contract — Authorize G. GeoEngineers, S. 228th St. Drainage Bypass Geotechnical Service Contract — Authorize H. ESA Adolfson, S. 228th St. Drainage Bypass Wetland Analysis Contract — Authorize I. Strickland Heischman & Hoss, S. 228th St. Drainage Bypass Appraisals Contract — Authorize J. AMEC Earth & Environmental, Lower/Lowest Russell Road Levee Conditional Letter of Map Revision (CLOMR) Certification Consultant Contract — Authorize K. Northwest Hydraulic Consultants, Lower/Lowest Russell Road Levee Conditional Letter of Map Revision (CLOMR) Certification Hydraulic Analysis Contract — Authorize L. Tetra Tech, Boeing Levee Certification Consultant Contract — Authorize M. GeoEngineers, Briscoe & Desimone Levees Certification Consultant Contract — Authorize N. Northwest Hydraulic Consultants, Briscoe & Desimone Levees Hydraulic Analysis Contract — Authorize O. East Hill Operations Center Phase II — Accept as Complete P. Public Display of Fireworks Ordinance — Adopt Q. Washington Traffic Safety Commission Award — Accept R. New Connections of South King County Consultant Services Agreement — Authorize S. OTHER BUSINESS A. Regional Transit Task Force Resolution B. City of Kent 2011 Legislative Agenda Top Priorities 9. BIDS None 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) ]ON JOHNSON RECOGNITION D) KENT DOWNTOWN PARTNERSHIP E) NATIONAL MENTORING MONTH PROCLAMATION F) LEGISLATIVE UPDATE PUBLIC COMMENT Kent City Council Meeting Date January 18, 2011 Item No. 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through R. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 4, 2011. 7B. Approval of Bills. Approval of payment of the bills received through December 15 and paid on December 15, 2010, after auditing by the Operations Committee on January 4, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/10 Wire Transfers 4407-4424 $2,749,669.36 12/15/10 Regular Checks 649056-649386 1,770,591.46 Void Checks 649384 (132.00) Use Tax Payable 2,026.28 $4,522,155.10 Approval of checks issued for payroll for December 1 through December 15, 2010 and paid on December 20, 2010: Date Check Numbers Amount 12/20/10 Checks 320933-321114 $ 162,547.29 12/7/10 Voids & Reissues 320932 12/20/10 Advices 276784-277415 1,235,779.92 $1,398,327.21 Kent City Council Meeting KENT January 4, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson (who arrived shortly after the roll was called), Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson added Public Communications Item F, and removed the Executive Session. B. From the Public. (CFN-198) No changes were made by members of the public. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) Thomas encouraged citizens to visit the Hydroplane Museum in Kent. B. Community Events. (CFN-198) Ranniger urged citizens to attend a free walking program called ShoWalk on Monday mornings at the ShoWare Center, and announced an upcoming concert by Suzanne Vega. C. Pantera Laao Neiahborhood Council Recognition. (CFN-1304) Neighborhood Program Coordinator Toni Azzola explained the program and introduced representa- tives from the newest council, Pantera Lago. D. Introduction of Appointees. (CFN-198) Mayor Cooke introduced Mike Heinisch and Bill Hallerman of the Human Services Commission, Stanley McKie of the Bicycle Advisory Board, and James Sturgal of the Land Use & Planning Board. E. Economic Development Report. (CFN-198) Economic & Community Development Director Wolters gave an update on economic development issues including the City Center Garage, the permitting system, the FAA Headquarters project, regional business outreach, and the ShoWare marquee. F. Update on Weather Events. (CFN-198) Public Works Director LaPorte reported on the effect of recent flooding and snow and ice storms on city streets, as well as the cost of sand, salt and de-icer. He and several Council members commended staff on their efficient handling of the events. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through E. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of December 14, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 7, 2010, were approved. 1 Kent City Council Minutes January 4, 2010 Checks issued for vouchers: Date Check Numbers Amount 11/15/10 Wire Transfers 4372-4390 $2,860,171.47 11/15/10 Regular Checks 648309-648762 3,236,186.50 Void Checks 648499 (38.20) Use Tax Payable 1,158.60 $6,097,478.37 Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on December 7, 2010, were approved. Checks issued for vouchers: Date Check Numbers Amount 11/30/10 Wire Transfers 4391-4406 $2,241,169.01 11/30/10 Regular Checks 648763-649055 3,441,427.55 Use Tax Payable 286.98 $5,682,883.54 Checks issued for payroll for November 1 through November 15 and paid on November 15, 2010, were approved: Date Check Numbers Amount 11/15/10 Checks 320573-320764 $ 140,606.27 11/15/10 Voids & Reissues 320568-320572 0.00 11/15/10 Advices 275525-276152 1,201,447.68 $1,342,053.95 Checks issued for payroll for November 16 through November 30 and paid on November 30, 2010, were approved: Date Check Numbers Amount 11/30/10 Checks 320765-320931 $ 145,743.67 11/30/10 Advices 276153-276784 1,545,750.97 $1,691,494.64 C. Pantera Lago Neighborhood Council Resolution. (CFN-1304) Resolution No. 1837 recognizing Pantera Lago as a Neighborhood Council was adopted. D. Zonina Text and Mao Amendments, Downtown Commercial Enterprise Height Limits, Ordinance. (CFN-131) Ordinance No. 3988 which amends the Downtown Design Review Guidelines; amends chapters 15.03, 15.04, and 15.09 of the Kent City Code; and creates a Downtown Commercial Enterprise - Transitional Overlay all to provide a transition between Single Family residential zoning districts and the Downtown Commercial Enterprise zoning district was adopted. 2 Kent City Council Minutes January 4, 2010 E. Kanalev Grove Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Kangley Grove Short Plat project, permit #2063020, for 315 linear feet of new street, 145 linear feet of frontage improvements, 3 storm sewer manholes, 10 catch basins, 15,548 cubic feet of detention pond storage, and 560 linear feet of storm sewer line was accepted. The project is located at 27305 135th Ave. SE. REPORTS A. Council President. (CFN-198) Perry announced that the City Council Retreat will be held on February 4th and 5th, at which time they will discuss updating their vision. B. Mayor. (CFN-198) Mayor Cooke noted that she has been meeting with legislators in preparation for the upcoming legislative session, and explained recent changes to the Mayor's Advisory Team. C. Operations Committee. (CFN-198) Thomas noted that he is now the represent- ative to SKCTBd, and that Mayor Cooke is the alternate. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Economic & Community Development Committee. (CFN-198) Perry announced that the next meeting is tentatively scheduled for January 24 rather than January 10, and that transportation impact fees will be on that agenda. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on January 11. He added that he, Mayor Cooke, and Councilmember Higgins had attended the swearing-in ceremony for King County Chief Deputy Sheriff Steve Strachan earlier in the day. G. Public Works Committee. (CFN-198) Raplee noted that because the date for the next regular meeting is on a holiday, the meeting has been rescheduled to January 24 at 4:00 p.m. H. Administration. (CFN-198) Hodgson announced that Aukeen Court is being sold to the City, and that four finalists for Police Chief have been chosen. He reiterated that there is no need for an Executive Session. ADJOURNMENT The meeting adjourned at 8:03 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 3 Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7C 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP ANNUAL AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Kent Downtown Partnership annual agreement in the amount of $33,600, and ratify all acts consistent with the terms of the agreement. Kent Downtown Partnership (KDP) provides services to the City of Kent in an effort to increase economic development of Kent's downtown core and assisting the City to develop, among other projects, an improvement plan for downtown sidewalks, trees and light posts. The KDP also encourages developers and businesses to locate in downtown Kent, funds downtown store front renovations, and publishes advertisements inviting consumers to visit downtown Kent. 3. EXHIBITS: Consultant Services Agreement and Memo dated 1/4/11 4. RECOMMENDED BY: Operations Committee and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director K E N T Phone: 253-856-5703 WASHINGTON Fax: 253-856-6454 Address: 220 - 4`h Avenue S Kent, WA. 98032-5895 January 4, 2011 TO: Kent City Council Operations Committee FROM: Kurt Hanson, Economic & Community Development Manager SUBJECT: Kent Downtown, DBA Kent Downtown Partnership -Agreement MOTION: I move to recommend approval of the 2010 yearly agreement with Kent Downtown Partnership (KDP). SUMMARY: This years' annual contract with Kent Downtown is the same as in 2010 (DBA Kent Downtown Partnership) in the amount of $33, 600.00. KDP will provides services to included but are not limited to; educate businesses, re-invent networking events to increase participation, hold downtown breakfast hours, schedule downtown clean-up day, continue to work with Kent Police regarding downtown safety, increase foot traffic for downtown, develop a strategic plan to accomplish this and support the Find It in Kent campaign. If you have any questions prior to the meeting, please call Kurt Hanson at 856-5706. Exhibits: Attached BUDGET IMPACT: Yes *KEN wa= .��T CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Downtown THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown DBA Kent Downtown Partnership organized under the laws of the State of Washington, located and doing business at 202 W. Gowe St., Suite A, Kent, WA 98032, (253) 813-6976 (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: Provides services in accordance with Consultant's 2011 Work Plan attached and incorporated as Exhibit A. Consultant's services include but are not limited to; educate businesses, re-invent networking events to increase participation, hold downtown breakfast hours, schedule downtown clean-up day, continue to work with Kent Police regarding downtown safety, increase foot traffic for downtown, develop a strategic plan to accomplisht this and support the Find It in Kent campaign. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $33,600.00 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Barbara Smith Executive Director Kurt Hanson, Manager Kent Downtown Economic & Community Development Dept. 202 W. Gowe St., Suite A City of Kent Kent, WA 98032 220 Fourth Avenue South Kent, WA 98032 (253) 813-6976 (telephone) (253) 520-0206 (facsimile) (253) 856-5706 (telephone) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect out filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Kent Downtown Partnership Goals and Objectives 2011 Organizational Statement: The Kent Downtown Partnership serves as a partner between businesses, property owners, residents and the city to strengthen and develop a vibrant downtown Kent through its organization, design, promotion and economic development. 9 Values/Qualities of KDP are: 1. Imaginative 2. Inspiring 3. Intelligent 4. Forward thinking 5. Honest 6. Broad minded 7. Dependable 8. Approachable 9. Flexible Our Mission: The mission of the Kent Downtown Partnership is to develop and promote a vibrant downtown. Our Vision: A home and destination A comfortable sensation Of warmth and fascination Innovation and imagination What are we Passionate About? • Combining old and new in downtown core • Community • Having more residential properties in downtown • Filling vacant spaces in downtown • Having room to grow • Seeing economic success for our businesses • Seeing clean, attractive storefronts • Seeing downtown well maintained • Increase food traffic • Taking advantage of Business & Occupation Tax Program money available • Finding matching grant money Kent Downtown Partnership Economic Engines are: • Membership • City • Events 1 • Volunteers and volunteerism • Sponsors • Grant money • B&O contributions What we Like Best About our Downtown: • Entertainment and the variety of entertainment available • A community feel-our people are connected with the community • Has access to everything • Has unique locally owned businesses • Have a community college in downtown • Have an event center in downtown • Suited to be a destination • Sports City, USA/tournaments hosted here • Regional Justice Center-jurors available to shop and dine • Parking is free • First Avenue • The people/KDP Leadership • Trains • Cohesive group/help merchants/we care • The potential downtown has • In 1960's storefronts were full • Progress; belief in our downtown as far back as 1977 • View of city from 4t' floors in downtown • Sense of community; people like what is here • Feels small • The connections with the people and businesses • Variety of things accessible • The history • Committed people • First Avenue,the post office building; the identity and feel of downtown What is our Brand? Brand identity: shopping center, gifts, financial services, dining, personal services, ethnic diversity and convenience • Trains • Boutique retail • Gathering place for the city and community • Central location • Accessibility • Defined area • Find It in Kent • ShoWare Center • Commons/Parks • Shopping and Dining • Banking 2 • Professional Services • Salons/the many choices we have • Sportstown, USA; our professional sport teams • Four Points of Main Street Program • Organization • Promotion • Design • Economic Development ORGANIZATIONAL GOALS for 2011 • Raise $133,000 through Business & Occupation Tax Incentive Program by educating our members and other businesses; create a task force to develop this drive; plan strategy and put into action • Have a consistent color for brand: Is it black, blue, orange, green? • Revisit our current logo; go through proper process to redesign • Develop a new website • Purchase board shirts • Research grants; find a grant-writing person to accomplish this • Hold committee meetings at different KDP businesses • Be proactive for disaster planning; ongoing/promote information; inform on website; encourage businesses to have a plan and insurance • Continue to provide business tools and resources to our members • Increase ethnic and retail representation on our board, committees and membership • Invite a Seattle Thunderbird representative to board • Promote Seattle Thunderbirds and the Kent Predators; look to downtown Everett and Renton Landing to see how they are doing it • Educate businesses; include property owners, real estate brokers • Committee chairs to provide monthly news and articles for newsletter MEMBERSHIP GOALS • Identify value for our membership and continue to raise the bar • Develop a strategy for retaining members • Grow membership by 25%from this year's total; develop a recruitment plan • Continue with annual picnic • Welcome new members in person at their business location • Review past due accounts; develop process to remove after 90 days • Re-invent networking events to include multiple businesses and increase participation • Board to participate in doing exit interviews with members DOWNTOWN BREAKFAST HOUR GOALS • Host and plan three Downtown Breakfast Hours; Feb, May, September • Consider charging for Downtown Breakfast Hour event to pay for cost of meal • Increase attendance to 100 3 • Keep Downtown Breakfast Hour at ShoWare Center • Continue with educational component of Downtown Breakfast Hour • Shorten reports presented at this event • Start at 7:30 AM; start networking at 7 AM NETWORKING GOALS • No networking goals were established for 2010; now combined with Membership Committee DESIGN COMMITTEE GOALS • Schedule Downtown Clean-Up Day in May 2011 • Develop a dragonfly art project for downtown Kent; First Phase: metal dragonflies; Second Phase: fiberglass dragonflies; work to have them artistic and educational, include youth • Clean-up our gateways leading into downtown Kent • More banners on buildings and art displays • Define downtown Kent by considering flags, visual objects • Maintain Willis Street between Hiway 167 & 0 Avenue • Develop a plan for "Quiet Zones" in downtown Kent due to train noise • Have a metal sign sculptures at key intersections to promote downtown events • Continue with fagade improvement grant program • Select 2011 Design award winners for annual dinner SAFETY & SECURITY COMMITTEE • Continue repairing and the installation of lighting to Kaibara Park • Continue work with Puget Sound Energy and City of Kent on reporting lights that are not working • Continue work with Kent Police Department regarding downtown safety and security issues • Report, promote and expedite removal of graffiti • Retain current level of bike patrols in downtown • Work with City to have cameras re-installed at bus station • Provide block watch meeting for businesses • Provide Board of Directors, crime statistics for the year annually • Secure lighting in the alleys between James and Willis Streets ECONOMIC DEVELOPMENT/MARKETING GOALS • Promote social media communication throughout the year • Hold a Broker's Open luncheon • Use kiosk's to market other activities; one at Regional Justice Center and the Sounder Garage at Smith Street& Ramsay Way • Continue to work with property owners on Meeker Street to improve buildings and fill vacancies • Continue to work on finding ways to place art/non-profit displays in vacant windows; such as, Greater Kent Historical Museum, Seattle Thunderbirds, Hydroplane Museum display, etc 4 • Increase foot traffic for downtown; develop a strategic plan to accomplish this • Promote the fact our downtown has free parking; marketing piece may include signage (blue signs with a"P"for parking) • Educate businesses as to the benefits of staying open later; change hours from 10 AM to 6 PM or 11 AM to 7 PM and open on Sundays and Mondays • Continue with frequent updates to dinging guide • Continue working with the City Economic Development Department and other Departments as needed • Work with the schools • Work with restaurants to increase outdoor seating • Continue to support he Kent Chamber on issues that directly affect our downtown businesses • Support shop local campaign: Find It in Kent • Create funding for lighting up downtown; Gary N. of Puget Sound Energy is our contact • Continue to update menus in Regional Justice Center jury rooms • Select award winners for dinner/auction in June; Restaurant, Retail and Professional • Promote Seattle Thunderbirds hockey team and Kent Predators IFL more throughout downtown • Increase the number of residential properties in downtown • Have consistent business hours throughout downtown • Place a brochure rack/kiosk in Sounder Garage • Work on more cross marketing with ShoWare Event Center PROMOTIONS COMMITTEE • Develop a new event"Kent's Got Talent" in January • Develop new event"Amazing Race" in late April/early May • Work with King County Library to place framed book cover photos throughout downtown this year • Develop new event"Up the Hill for Health" in May • Develop a new event"Summerfest"for the summer months • Wine, Women & Wine; moved to September from May • Grow Autumnfest; over 150 people attended new event in 2010 • Use Kent Common sign to promote our events EXECUTIVE DIRECTOR'S GOALS • Increase membership • Retain members • Increase positive relationships with community/businesses/members • Add staff • Reorganize staff duties to better suit experience and talents • Get better organized and prioritize workload • Continue to develop skills by using tools available to me; such as, Quickbooks, Outlook, Android phone • Find another volunteer bookkeeper 5 • Stop worrying about where funds are coming from and concentrate on short and long term agency goals and immediate needs of KDP board and members • Get out to see members more often; can't happen without more help in the office • Want to be more than someone who constantly puts out fires • Want to be a"meat and potatoes" Executive Director; more time to develop programs/contacts that will make a difference in our downtown, such as grants, research free programs that are available to our businesses and property owners, etc The contract with the City of Kent is $2800 monthly, equaling a yearly total of$33,600. bjs 6 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. Client#:10586 KENTDOW ACORD- CERTIFICATE OF LIABILITY INSURANCE 9/291201 912 0 1 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins-SBU ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 687 HOLDER.THIS CERTIFICATE DOES NOTAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 724 West Smith Street Kent,WA 98032 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American States Insurance Compa Kent Downtown Partnership Corporation INSURERS: - 202 W Gowe St A INSURERC: _ Kent,WA 98032 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO PODCY EFFECTIVE PODCY E%PIRATION LTA INSR TYPE OF INSURANCE POLICY NUMBER 0 MM 0 DATE M D LIMITa" A GENERAL LIABILITY OICH62738340 10/16/2010 10/16/20111 EACH OCCURRENCE $j 000000 X COMMERCIALGENERAL LIABIDTY PFEMIBEREPENZDn�e $1000000 CLAIMS MADE ❑OCCUR MEDEXP(Anyonepmw) $10000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP ASS $2000000 POLICY JEC- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO IEoemldenl) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperson) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per ecddenQ $ PROPERTYDAMAGE $ (Per ecdd.nl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC S AUTOONLY, AGG $ EXCESS I UMBRELLA LIABOJTY EACH OCCURRENCE $ _ OCCUR CLAIMS MADE AGGREGATE S $ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND I WC STATU- OTH- EMPLOYERS'LIABILITY _LM PH OFFICEWMFIMB R EXCLUOE�?ECUTIVE E.L EACH ACCIDENT $ (Mantlelory nNH E.L.DISEASE EA EMPLOYEE $ If yee,d.s O.ender SPECIAL PROVISIONS below E.L.DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS The certificate holder is additional insured for general liability,but only if required by written contract or written agreement per endorsement CG7635 0207. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4B_ DAYSWRITTEN Dept of Economic Development NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO$0 SHALL 220 4th Avenue S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES. 0il D ESENT IVE 102 ACORD 25(2009/01)1 of 2 #S2B2968/M282966 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PTR1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). — If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i ACORo 25(2009/01) 2 of 2 #S282968/M282966 fD Insurance COMMERCIAL GENERAL LIABILITY a CG 76 36 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART _ SCHEDULE Name of Person or Organization: Blanket as required by written contract ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following . CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph Is added to, WHO IS AN any °occurrence^which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured: the Declarations, and must have been axe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", 'property sured, whether the work is performed damage or "personal and advertising by you or for you; injury". It. The arson or organization added as an in- (3) The maintenance, operation or use by p you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office,Inc.,with its permission. Copyright, Insurance Services,2001 Sal0.ro end IM1e Salmo bga era reghle,"d lred"nmlm"i Safaea Corperallan CG 76 35 02 07 Page 1 of 4 EP Cie-13FRINMIAI 9WW (b) This insurance does not apply to This exclusion applies even f the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli• other wrongdoing in the supervision, hiring, gene of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- — subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: — injury", "property damage", or "personal and advertising injury" arising (1) A watercraft while ashore on premises _ out of operations performed for the state you own or rent; or municipality. (2) A watercraft you do no[own that is: e. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not Not beingused to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- --- -- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or. nance or use of aircraft or watercraft;or ders, designs or specifications; and (6) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment hat is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "properly damage" included within qualify under • the definition of the "products-completed operations haz- mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hcle insurance law in the stale der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if,in the absence of this (b) the operation of any of the machin- endorsement, no liability would be imposed by law on machin- ery or equipment listed in Paragraph you. Coverage shall be limited to the extent of your "mobile or f.ttle equuippmeanthe definition of i t mo . negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g, of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion J. of Coverage A, Section 1 is replaced by the following: g. "Bodily injury" or "property damage" arising i® out of the ownership, maintenance, use or 1 Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented ® or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or _.�. Page 2 of GM,13PflIMa01.61790VLIJ any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The Following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section 11): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does riot apply to executive officers, or the "property damage"arises out of any part to managers at the supervisory level or above, of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS -- TIME OFF FROM _ (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b.of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d.of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to 'property damage" (other than d. Ail reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises,rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS —. HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2a.(1)(d) of WHO IS AN INSURED{Section Paragraphs(3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(8) of this exclusion dogs not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the 'products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is � Paragraph& of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded S. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED"PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) is replaced rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by by the following: you with permission of the owner, a. "Bodily Injury" or "property damage" expected The Damage7o Premises Rented To You limit is the or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury" higher of the Each Occurrence limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 76 35 02 07 Page 3 of 4 EP C4&234-flIN10C1A19e0rU4 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V)is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including mental -- anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS _ The following is added to Paragraph S. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by lion IV): your agent, servant or employee shall not in itself constilute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or omployee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to eisclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all stuns which the insured becomes legally obli- such failure, However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single 'location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS(Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium,becomes effective during the policy period connecting lots, or premises whose connection is in the stale shown in ttw Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. 0 Page 4 014 C.P.G2}PNINi0e1N199-0OT3J Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7D 1. SUBJECT: VAN NESS FELDMAN FEDERAL LOBBYIST AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Van Ness Feldman Consultant Services Agreement in an amount not to exceed $90,000, and ratify all acts consistent with the terms of the agreement for the year 2011. Van Ness Feldman would provide the City of Kent federal representation with a particular emphasis on the Washington State Congressional delegation. 3. EXHIBITS: Consultant Agreement and memo dated 1/4/11 4. RECOMMENDED BY: Operations Committee and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters KEN T Phone: 253-856-5703 WnSHINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: January 4, 2011 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic & Community Development Director THROUGH: Staff SUBJECT: VanNess Feldman, Attorneys at law, Federal Lobbyist Agreement MOTION: Recommend Council to authorize the Mayor to sign the Consultant Services Agreement with VanNess Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $90,000, "subject to final terms and conditions acceptable to the City Attorney." SUMMARY: This agreement with VanNess Feldman, Attorneys at law will be providing the City of Kent Federal representation with a particular emphasis on the Washington State Congressional Delegation. This contract with VanNess Feldman, Attorneys at law will not exceed $90,000. The expenses incurred will be split between Economic Development and Public Works Department. VanNess will provide representation for funding for next year's Federal Transportation Reauthorization bill and the yearly discretionary appropriations bills for key grade separation and other transportation projects for Kent. VanNess Feldman will continue policy support for replacing the Green River levee system and a reasonable interim flood zone and flood insurance program along with representation for Howard Hanson Dam funding. VanNess Feldman will provide representation for regulatory policy support and Federal funding for the Green/Duwamish Rivers Ecosystem Restoration and to restore Human Service and Community Development block grant funding and other federal opportunities and issues as they arise. If you have any questions prior to the meeting, please call Ben Wolters, 856- 5703. EXHIBITS: Attached BUDGET IMPACT: Yes *KEN wa= .��T CONSULTANT SERVICES AGREEMENT Between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness, a Professional Corporation, organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C., 20007-3877, (202) 298-1956 (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: Provide federal legislative representation to the City of Kent, with particular emphasis on the Washington State congressional delegation, as further described in Consultant's work program attached and incorporated as Exhibit A. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I beginning on January 1, 2011 and ending on December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand Dollars and no/100 ($90,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 and that 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. 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 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic Development Director Van Ness Feldman City of Kent 1050 Thomas Jefferson St., N.W. 220 Fourth Avenue South Washington, D.C. 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (253) 856-5703 (telephone) (202) 338-2716 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Dated this day of 200. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman (Firm) agrees to provide federal representation to the City of Kent(City), beginning on January 1, 2011 to December 31sr, 2011. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding. Toward this end, Van Ness Feldman will implement the following work plan on behalf of the City of Kent: • Work with the City's federal relations manager, city departments, mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2009 and beyond: 1. Funding from this year's reauthorization of the Federal Transportation Reauthorization Bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation project priorities for Kent. 2. Funding and policy support for replacing the Green River levee system in Kent, adoption of a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified, and support for recertification of the levee system by the federal government once repairs and replacement have been completed. 3. Continued federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 4. Continued federal support for local law enforcement and crime prevention. 5. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 6. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. 7. Other federal opportunities and issues as they arise. • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair, transportation, habitat restoration, and other municipal priorities identified by the City. • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with the City of Kent visits to Washington, D.C. by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. • Assist City Departments with tracking, identifying, and securing grant opportunities in support of City priorities and initiatives, including human services, open space, law enforcement, environmental and energy conservation, and others. • Provide updates, strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work, next steps, and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in the firm to provide the City with the most effective, efficient, and timely representation. Rick Agnew will provide additional support for Kent from the Firm's Seattle office. The City of Kent will pay the Firma monthly retainer of $7,500. The retainer includes all associated costs, such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental to the retainer and charged, without markup, as incurred. Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$90,000. The City agrees to provide monthly payment within 45 days of receipt. The City of Kent consents to being listed as a Firm client on firm promotional materials. This consent includes to permitting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. The City of Kent has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract, Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Van Ness Feldman need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value. The City of Kent further agrees that Van Ness Feldman may retain a copy of materials in such files, at its own expense. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7E 1. SUBJECT: OLYMPIC ENVIRONMENTAL RESOURCES RECYCLING CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2011 in an amount not to exceed $64,430, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This project is funded 100% through the following agencies: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant and King County Waste Reduction and Recycling Grant. 3. EXHIBITS: Public Works Memorandum dated 12/6/10 and Olympic Environmental Resources Consultant Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 6, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Gina Hungerford, Conservation Coordinator Through: Timothy J. LaPorte, P.E., Public Works Director and Michael Mactutis, P.E., Environmental Engineering Manager Subject: Consultant Contract with Olympic Environmental Resources - Recycling Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2011 in an amount not to exceed $64,730, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Olympic Environmental Resources will provide assistance with the implementation of the City of Kent's Waste Reduction and Recycling Programs, including the spring, fall and business special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's customers. Kent staff will continue to concentrate on the residential sector. Budget Impact: No Budget Impact This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. KENT W ws MINGroN CONSULTANT SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources organized under the laws of the State of Washington, located and doing business at 4715 SW Walker St., Seattle, WA 98116, Phone: (206) 938-8262/Fax: (206) 938-9873, Contact: Paul Devine (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 organize two recycling collection events (Spring and Fall), organize a Spring compost bin and rain barrel sale, promote business and residential recycling, and provide grant administration. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Four Thousand, Seven Hundred Thirty Dollars ($64,730.00) 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to Secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Paul Devine Timothy J. LaPorte, P.E. Olympic Environmental Resources City of Kent 4715 SW Walker St. 220 Fourth Avenue South Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500 (telephone) (206) 938-9873 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department OER-2011 Recycling/Hungertord CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 2011 Proposed Scope of Work City of Kent 2011 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Collection Event, Business Recycling Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com TASK 1: Residential Recycling Collection Events The Contractor will organize two (spring and fall)citywide collection and recycling events in the City of Kent. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters • Antifreeze • Petroleum Based Products • Paper Shredding** • Computer Equipment++ • Electronic Equipment/Cell Phones • TV Sets++ • Mattresses • Styrofoam — if possible +User fees apply ++ City may not collect and refer residents to E-Cycle sites *Collected in the spring ** Collected in the fall B)The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Project Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2011 volumes and vehicles with prior year's events Timeline Tentative Event Dates—March and October, 2011 January/August 2011 Event planning Work with City on finalizing event date Schedule vendor services February/September 2011 Schedule vendor services Work with City on event flyer Arrange for the printing, sorting, and mailing of flyer March/October 2011 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/November 2011 Prepare project reports Assist City in reimbursement process TASK 2: Spring Compost Bin and Rain Barrel Sale The Contractor will organize a spring compost bin/rain barrel sale at the direction of the City. The Contractor will bundle other City clients and solicit bids for the compost bins and rain barrels. The Contractor will arrange to have the compost bins and rain barrels delivered to the City Shops, The Contractor will implement one backyard compost bin sale accompanied by educational outreach/technical assistance on backyard composting and rain barrel use. The sale will be advertised in the Kent Spring Recycling Collection Event flyer sent to all Kent households. The Contractor will sell the compost bins for $20-$25 each and the rain barrels for $35-$40 each. Each compost bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The rain barrels will include instructions on proper set-up and use. TASK 3: Business Recycling Collection Event The Contractor will implement one Business Recycling Event in 2011. The event will be held on a summer Wednesday or Thursday at a central location in Kent(Russell Road Park). Materials to be collected: • Clean Scrap Wood/Pallets • Electronic/Computer Equipment • Computer Monitors++ • TV Sets++ • Refrigerators and Freezers+ • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply ++City may not collect and refer businesses to E-Cycle sites The following educational materials will be distributed at the event: • Information on City Recycling Programs • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Program • Other educational materials as appropriate Event Promotional Methods • Distributing a promotional flyer through direct mailings • Notices in City/community newsletters/and local newspapers (whenever possible) • Posting a notice at City Hall, on the City cable channel, and website (if available) • Publicizing the event through the King County Solid Waste Division Promotional Activities Event Participants This event is intended for the businesses in Kent. Some restrictions on material amounts may apply. The Contractor reserves the right to refuse contaminated loads. Event Evaluation • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Graphic or tabular comparison of 2011 volumes and vehicles with prior year's events TASK 4: Business Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial sector. Program Activities: 1) Kent Business Recycling Newsletter Prepare and coordinate distribution of Kent Business Recycling Newsletters to all Kent businesses. The newsletter will be sent to Kent businesses two or three times in 2011. 2) Kent Business Assistance To provide business recycling assistance to Kent businesses, the Contractor will send a Business Recycling Tool Kit to all new Kent businesses expressing interest in receiving it with an introduction letter and offer an on-site visit. The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2011, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 5: Multifamily Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with multifamily residents and property owners and managers: • Distribute the City's brochure: Kent's Simple Guide to Recycling for Multifamily Residents multifamily educational brochures through direct mailings, special City events, and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from multifamily communities • Work with city-contracted haulers to cross-promote recycling information • Other outreach activities, as requested and as budget allows Proiect Goals and Objectives • Promote multifamily participation in Kent recycling services • Promote cost-effective handling of the multifamily waste stream • Promote the purchase of recycled products to the multifamily sector • Promote use of www.KentRecycles.com. Project Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of multifamily communities that received technical assistance • Increase in the number of multifamily buildings participating in collection service of recyclables TASK 6: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 4 and 5) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. r1a g g C4 53 P5 Is, 72 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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 $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 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. 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 ANII. 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. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7F 1. SUBJECT: PACE ENGINEERS, STORMWATER PUMP STATION CONSULTANT CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Pace Engineers, Inc. for Stormwater Pump Station Analysis in an amount not to exceed $21,690, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The pump station, located just north of James Street near Woodford Avenue N, is in need of upgrading. Pace Engineers will determine the most effective location for a new pump station as well as capacity requirements. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/14/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 14, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3 2011 From: Kelly Casteel P.E., Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/PACE Engineering - Stormwater Pump Station Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Pace Engineers in an amount not to exceed $21,690, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The City's James Street Stormwater Pump Station is located just north of James Street near Woodford Ave N and is in need of upgrading. Prior to upgrading this pump station, the City is having PACE Engineering do an analysis to determine the most effective location for a new pump station as well as capacity requirements. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. KENT WPS MINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and PACE Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PACE Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 1601 2nd Avenue, Suite 1000, Seattle, WA 98101, Phone: (206) 441-1855/Fax: (206) 448-7167, Contact: Ken Nilsen (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 evaluate the benefits of constructing a new stormwater pump station upstream of the James Street pump station. For a description, see the Consultant's December 3, 2010 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 1, 2011, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, Six Hundred Ninety Dollars ($21,690.00) 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. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the,state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for,damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the .Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 'shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ken Nilsen Timothy J. LaPorte, P.E. PACE Engineers, Inc. City of Kent 1601 2"d Ave., Suite 1000 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 441-1855 (telephone) (253) 856-5500 (telephone) (206) 448-7167 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department PACE-James Ps/Casteel CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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. 1 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. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Engineers l Planners I Surveyors 6PACk An Eu,m.ring Sarel�-ea funrpalry December 3, 2010 Ms. Kelly Casteel Senior Development Engineer City of Kent 5821 S 240`r' St Kent, WA 98032 Subject: James Street/ Senior Center Pump Station Study Revised Scope of Work Dear Ms. Casteel: As requested, PACE Engineers has revised our previously submitted scope of work based upon City comments. This scope of work includes an assessment on the effectiveness of a new stormwater pump station near the Senior Center along with an evaluation on the potential stormwater pump station upgrade at James Street. Based upon discussions and information provided by the City we have prepared the following Scope of Work. If anything In this proposal is not as you anticipated, please let us know so we can adjust it as required. Overall Scope of Work The existing James Street Pump Station is designed to address local flooding.This stormwater pump station receives local storm drainage runoff and pumps it back into Mill Creek. The City is proposing to retrofit this pump station and convey the discharge via a new 18-inch force main from the Mill Creek basin to the south, thereby removing the flows from the Mill Creek basin. Prior to beginning the design of this facility the City has requested that PACE prepare a scope of work to evaluate the benefits of constructing a new stormwater pump station upstream of the James Street pump station near the Senior Center.The intent of this station would be to eliminate the need for a new high flow bypass pipe near the Senior Center and possibly eliminate the need for the upgrade of the James Street station.This pump station would pump the high flows from Mill Creek to the Green River and would have the additional benefit of potentially reducing additional downstream flooding. Following this analysis, PACE will prepare a scope of work and budget for the design of the pump station at the preferred pump station location. Task 1. - General Engineering Services PACE will provide administration and'coordination of the project. The following items are included in this task: 1. Attend coordination meetings with the City as required. For budgetary purposes 8 hours have been allotted for meetings. Since the amount of meeting time is not under our control, any time in excess of the budgeted 8 hours will be billed on a time and material basis. 2. Conduct a field reconnaissance of the project area. 3. In-house project administration, scheduling, and direction of design team staff, PACE Engineers, Inc, Seattle Office 1601 Second Avenue I Suite 1000 I Snaffle, WA 98101 t, 206,441,1855 1 (206,448,7167 gaceengrs.cure Ms. Kelly Casteei Engineers t Planners I Surveyors City of Kent December 3, 2010 Page 2 4. Preparation of bi-weekly progress reports. 5. QA/QC of the study Task 2— Hydrologic/Hydraulic Analysis James Street Pump Station PACE will utilize the flow information from the Kent Drainage Master Plan (DMP) for the sub- basin draining to the James Street Pump Station. If the area draining to the James Street Pump Station does not match the area from the DMP, PACE will estimate the flows using proportionate areas. This assumes the land use is similar across the basin. No new hydrologic modeling is included in this task. It is our understanding that the design storm for the James Street pump station and the proposed Central Avenue forcemain will be the 100-year storm event. For comparison purposes PACE will evaluate the head requirements for the 25-year and 100-year storm event. As part of this analysis PACE will conduct a backwater analysis of the James Street sub-basin to determine the maximum water surface in Mill Creek that would allow the 25-year and 100-year discharge from the sub-basin to gravity drain to Mill Creek without flooding the neighborhood. PACE will prepare a Technical Memorandum summarizing the results. These findings will be submitted to the City for review and comment. If this becomes the preferred location for the pump station, the hydrographs from the DMP will be used to size and design the pump station to prevent the 100-year flooding. Task 3— Hydrologic/Hydraulic Analysis Senior Center Pump Station In this task PACE will evaluate the benefits of installing a new stormwater pump station in the vicinity of the Senior Center. The goal of this analysis is to determine if the proposed high flow bypass pipe (Kent DMP Project A-1) and the James Street pump station upgrade could be eliminated by the construction of this stormwater pump station. A secondary goal of reducing downstream flooding could be achieved by removing the high flows from the Mill Creek basin. This work includes the following items: 1. Review the existing data from the City of Kent DMP. In particular the following items will be pulled from the existing analysis.' a. The 100-year flow in Mill Creek at the Senior Center. b. The 100 year inflow to Mill Creek between the Senior Center and James Street, c. The capacity of the existing pipe conveying Mill Creek flows past the Senior Center. d. The capacity of the existing culvert under James Street 2. Preliminary sizing of the proposed stormwater Senior Center Pump Station. This preliminary analysis will be done by using the existing data extracted from the City's DMP as described above. PACE will prepare a preliminary Technical Memorandum on the preliminary sizing of this facility along with an order of magnitude cost estimate. This step will be a major milestone or check-in point with the City, Basin modeling is not included in this step. Task 4— updated HSPF/HEC-RAS Analysis (optional) If the City determines that the Senior Center Pump Station is a feasible project based upon the results of Task 3, PACE will conduct a more detailed analysis of this facility. This analysis will consist of inserting the proposed pump station into the existing HSPF model developed for Mill Engineers 1 Planners I Surveyors Ms. Kelly Casteel City of Kent December 3, 2010 Page 3 Creek. The hydrographs from this output will then be routed through the existing HEC-RAS model developed for Mill Creek to determine what beneficial downstream impacts this pump station will have on Mill Creek.The results of this analysis will be summarized in a Technical Memorandum, If this pump station lowered the water surface in Mill Creek below the elevation necessary to allow the James Street sub-basin to drain by gravity, the James Street Pump Station could be eliminated. Task 5— Pump Station Design (NIC) This task in not included in this initial phase and will be added following selection of the preferred alternative Fee Estimate PACE proposes to provide these services on a time and expense basis.The estimated cost for each task is shown on the attached spreadsheet based upon our 2010 Standard Rates. Estimated direct reimbursable expenses are included in the contract amount.The base cost is forTasks 1 to 3.Task 4 would be an optional task depending on results of Tasks 1 to 3.The estimated cost for this work is as follows: Basic Scope (Tasks 1-3) - $14,660 plus reimbursable expenses Optional Item (Task 4) - $6,360 plus reimbursable expenses Schedule Assuming a Notice to Proceed on Tasks 1-3 on or around December 7, 2010, PACE Engineers will submit a Technical Memorandum summarizing the results by December 23,2010, If the City decides to proceed with Task for following the review the Technical Memorandum, PACE will complete Task 4 within two weeks of receiving a working HSPF and HEC-RAS model that was used to develop the City of Kent's Drainage Master Plan (see assumptions below). Assumptions The above scope of work and subsequent fees have been based on the following assumptions: 1. Meeting time above the 8 hours budgeted will be billed on a time and material basis at the applicable rates as authorized. 2. Flow data for the James Street Sub-basin and Senior Center Sub-basin is available in the DMP and no additional hydrologic modeling is required for Tasks 1 to 3. 3. Survey or GIS information is available on the James Street drainage system showing elevations, pipe length and size. 4. The City will provide the discharge location for both the Central Avenue Forcemain and any new force main that may be required for the Senior Center pump station. 5. PACE will utilize the existing HEC-RAS model developed for the City of Kent's MDP for Task 4. No time is budgeted to modify or calibrate this model. PACE assumes that this model will be transmitted to us in a ready to run format. If this model as transmitted does not run through no fault of PACE, time spent troubleshooting and correcting the model will be done on a time and expense basis. 6. PACE will utilize the existing HSPF model developed for the City of Kent's MDP for Task Engineers I Planners I Surveyors Ms. Kelly Casteel City of Kent December 3, 2010 Page 4 4. No time is budgeted to modify or calibrate this model other than to insert an F-Table at the proposed Senior Center Pump Station location. Model functionality assumptions are the same as shown in #2 above. 7. All direct reimbursable costs such as prints, plots, deliveries,submittals,etc. as shown in the Budget Worksheet are included in the contract amount. H. This budget does not include major revisions to the scope of work. In summary, we have developed a scope of work and budget based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, if you have any questions or if you desire additional information please do not hesitate to contact us. Sincerely, PACE Engineers, Inc Ken Nilsen, P.E. Vice President Attachment Hi c O ............ ........... T7 .............. 77; o W �ew . ........... ................... ............... ............. ................. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Comnensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AWII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7G 1. SUBJECT: GEOENGINEERS, S. 228T" ST. DRAINAGE BYPASS GEOTECHNICAL SERVICE CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers for Geotechnical Services in an amount not to exceed $31,215, and to establish a budget to be spent within the S. 228th Street Drainage Bypass project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The purpose of the project is to alleviate flooding of 76th Avenue S. along Mill Creek. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/23/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 23, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Alex Murillo, P.E., Environmental Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract with GeoEngineers - S. 228th Street Drainage Bypass Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. for Geotechnical Services and Report in an amount not to exceed $31,215, and direct staff to establish a budget to be spent within the S. 228th Street Drainage Bypass project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The S. 228th Street Drainage Bypass project begins 150' west of the Union Pacific Railroad tracks on S. 228th Street and extends westerly to the drainage swale on 64th Avenue S. The project includes installation of 3,200' of 72" diameter storm drain pipe. The 72" diameter bypass pipe will divert storm water away from Mill Creek and toward the Green River Natural Resources Area via the existing north- south drainage swale on the west side of 64th Avenue S. The purpose of the project is to alleviate flooding of 76th Avenue S. along Mill Creek which floods during major storm events. GeoEngineers, Inc. would perform Geotechnical Services along the full length of the project. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. KETIT WPS HINGTGN ', CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Garry Squires (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 conduct subsurface explorations and laboratory testing as a basis for developing geotechnical design recommendations related to the design and construction of the S. 228th Street Drainage Bypass. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorported 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty One Thousand, Two Hundred Fifteen Dollars ($31,215.00) 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 B-1. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this. Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the 'state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Garry Squires Timothy J. LaPorte P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-22e Bypass/Nelding CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state.,and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 120 By: For: Title: Date: EEO COMPLIANCE"DOCUMENTS - 3 EXHIBIT A SCOPE OF SERVICES GEOENGINEERS, MC. PROPOSED SOUTH 228TH STREET DRAINAGE BYPASS KENT,WASHINGTON FILE NO.0410-177-00 SCOPE OF SERVICES - GEOTECHNICAL The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for developing geotechnical design recommendations related to the design and construction of the proposed South 228th Street Drainage Bypass in Kent,Washington. We understand that a 72-inch concrete pipe will be used for the bypass. The pipe will convey water from a drainage ditch near the interurban trail to a drainage ditch near 64th Avenue South. The proposed pipe alignment is about 3,200 feet and is located in the south portion of the South 228th Street right-of-way. The invert elevation is anticipated to be between Elevations 22 and 25 feet. The project is currently scheduled to begin construction in June of 2011. Our scope and budget does not include any construction management,monitoring or inspections. Our geotechnical scope of services will include the following items: 1. Review existing soil and groundwater information including in-house reports and published geologic maps. 2. Conduct a site visit prior to subsurface explorations to coordinate exploration locations and site safety issues. 3. Coordinate clearance and location of existing underground public utilities in the project area. We will contact the Washington Utilities Coordinating Council "One Call" service prior to beginning explorations. We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities. 4. Drill up to six borings to depths of 20 feet below ground surface (bgs). We anticipate completing four borings in the roadway and two borings on the shoulder of the road that will include monitoring wells. We understand the four explorations in the roadway will require traffic control and a reduced work window. Due to this scheduling, we have budgeted two days of field labor to complete the explorations. 5. Complete laboratory analysis of select soil samples. We anticipate that our laboratory program will consist of grain size analysis,Atterberg limits,and moisture content determinations. 6. Provide two rounds of groundwater monitoring. We will measure groundwater levels in the wells to provide data for our design report. We will also measure levels again prior to construction bidding to 1 provide more up to date groundwater information for the contractors prior to bid. City of Kent December 20,2010 Page 2 7. Provide recommendations for pipe bedding, pipe support, and trench backfill. We will provide recommendations for imported fill, reuse of onsite soil as appropriate, and compaction requirements. 8. Provide a discussion of shoring and dewatering. We are assuming that the dewatering and shoring system will be designed by the contractor. We will provide a general discussion of shoring and dewatering issues at the site and comment on the feasibility of different shoring and dewatering methods. 9. Discuss construction issues with regard to an adjacent King County METRO Sewer line. We will specifically address, shoring systems to reduce lateral movement, dewatering methods,the impact of the new storm pipe on the existing pipe, and the impact of construction activities on the existing pipe. 10. Discuss issues related to the proposed drainage bypass construction and construction of the South 228th Street/Union Pacific Railroad overcrossing. We will discuss potential impacts of stone column construction and the long term impacts of the embankment fill. We will specifically discuss construction sequencing and provide estimates of potential settlement. 11. Prepare a geotechnical design report presenting the results of our explorations and summarizing our findings and recommendations. We will also prepare a brief technical memorandum presenting the second round of groundwater monitoring data. 12. Provide additional consultation as required and requested. We anticipate that this could include meetings or plan review. We have budgeted 6 hours each for a principal and a project engineer to cover this contingency. US:GHS:gb Attachments: Exhibit B1 Fee Estimate Exhibit B2 Task Hours Breakdown Disclaimer:Any electronic form,facsimile or hard oapy of the original document(email,text,table,and/or figure),if provided,and any attachments are only a copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. GEOENGINEERSLl w.>no-rn ro n:.r no EXHIBIT BI FEE ESTIMATE CITY OF KENT ENGINEERING DEPARTMENT GEOTECHNICAL ENGINEERING SERVICES SOUTH 228TH STREET DRAINAGE BYPASS KENT,WASHINGTON FILE NO. 0410-177-00 Classification Hours x Rate = Cost Principal(Garry Squires) 16 x $200.00 = $3,200.00 Project Engineer 1(Lyle Stone/Morgan McArthur) 54 x $145.00 = $7,830.00 Staff Engineer 1(Craig Jordan) 73 x $95.00 = $6,935.00 Support 10 x $75.00 = $750.00 Subtotal Personnel $18,715.00 Other Expenses Traffic Control $2,700.00 Subcontracted Drilling $8,500.00 Laboratory $1,000.00 Expendables(Mileage,photographs,equipment charges,etc.) $300.00 Subtotal $12,500.00 Total Estimated Costs $31,215.00 File No.0410-177�00 December 20,2010 GEOENGINEER Ln � « z z u \ ) . k � ^ ° 0 - » UJ \ k ! � y - @ ( IN k \ ZE § . � 227 § § ] 2 2 � $ 0 <0 IL «)\ � z Uzi Lw z � 2 )§ § _ 2 % Ea - 0 0 V) \ 0 . f ; \ 0 m - ) / / w/ / . } \ EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City .using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following .insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7H 1. SUBJECT: ESA ADOLFSON, S. 228T" ST. DRAINAGE BYPASS WETLAND ANALYSIS CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with ESA Adolfson to prepare a Biological Assessment and Wetland Delineation for the S. 228th Street Drainage Bypass project in an amount not to exceed $22,694.92, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The project includes installation of 3,200' of 72" diameter storm drain pipe. The purpose of the project is to alleviate flooding of 76th Avenue S. along Mill Creek. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/23/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 23, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Alex Murillo, P.E., Environmental Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract with ESA Adolfson - S. 228th Street Drainage Bypass Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with ESA Adolfson to prepare a biological assessment and wetland delineation for the S. 228th St. drainage bypass project in an amount not to exceed $22,694.92, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The S. 228th Street Drainage Bypass project begins 150' west of the Union Pacific Railroad tracks along S. 228th Street and extends westerly to the drainage swale on 64th Avenue S. The project includes installation of 3,200' of 72" diameter storm drain pipe. The 72" diameter bypass pipe direct storm water away from Mill Creek and toward the Green River Natural Resources Area via 249 acres of a 731 acre drainage basin from the north end of Drainage District No. 1 of King County ditch the existing north-south drainage swale on the west side of 64th Avenue S. The purpose of the project is to alleviate flooding of 76th Avenue S. along Mill Creek which floods during major storm events. ESA Adolfson would perform Biological Assessment and Wetland Delineation Services along the full length of the project. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. 6�EA1T Wnsnivuiov '. CONSULTANT SERVICES AGREEMENT between the City of Kent and ESA AdOlfs®n, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ESA Adolfson, Inc. organized under the laws of the State of Washington, located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare a Biological Assessment and Wetland Delineation for the S. 228`h St. Drainage Bypass 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, Six Hundred Ninety Four Dollars and ninety two cents ($22,694.92) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION, Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) 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. Counterparts. This Agreement may be_executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Michael Muscari Timothy J. LaPorte, P.E. ESA Adolfson, Inc. City of Kent 5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South Seattle, WA 98107 Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5500 (telephone) (206) 789-9684 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department I I BSA Addison-228"Drainage Bypassjielding CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT City of Kent S. 228th St. Drainage bypass ]project Scope of Work Detail It is our understanding that the project proposed by the City of Rent(City)includes the installation of 3,200 feet of 72-inch diameter storm pipe along S_228"Street from the intersection with 64"'Avenue S.to the intersection with the Interurban Trail The City has requested a Scope of Work and associated fees from ESA Adollkon to prepare a Biological Assessircni (BA) to assist Mill.Wrndinalinn efforts under Section 7 of the Endangered Species Act of 1973 among the federal lead agency and the National Marine Fisheries Senzce(NMFS) and the U.S. Fish and Wildlife Semice(USFWS),jointly referred to as the Services. The BA is being prepared in response to the National Flood Insmance Program Biological Opinion issued by NNIFS on September 22,2008. Based upon the information pro�vridcd during scoping, it is assumed that the proposed action will require informal consultation between the federal lead agency and the Seniees.Informal consultation is conducted for projects that mail a"may affect,not likely to adversely affect'determination for listed species,and formal consultation is conducted for projects that merit a"may affect, likely to adversely affect detennntation for listed species. In addition,the City has requested that ESA Adolfson perform wetland delineations wither 50 feet ofthe inlet and outlet fir the new storm pipe. ESA Adolfson will then prepare a conceptual and final wetland nutigation plan to address impacts to wetlands. A detailed Scope of Work is provided below, which outlines ESA's responsibilities under this Scope of Work. The cost estimate is also attached to this Scope of Work. TASK 1—PROJECT MANAGEMENT: This task includes on-going project tnanagemenl,client coordination,and invoicing. Deliverables: Monthly invoice and progress report. TASK 2—BACKGROUND: This task includes coordination with the NM FS, USFW S,Washington Department of Fish and Wildlife(WDFW),and the Washington Deparimcnl of Natural Resources(WDNR)as necessary it)obtain habitat and species information. TASK3—INFORMATION GATHERING:This task includes coordination with City and project engineers nn evaluate project impacts on listcd/proposed species and critical habitats.This task includes a briefieview of the literature and published information for each listed,proposed,and candidate species identified by the Services as potentially occurring in the project area,as well as a review of site-specific information provided to ESA by the City.This task will include a field visit to assess site conditions,but does not include any additional data collection or scientific sn.rdy with respect to the preparation of a BA.The City will make the necessary arrangements for ESA Adolfson to access restricted properties,if any.This task includes attendance at up to two half-day project coordination meetings by one ESA Adolfson staff, TASK 4—DRAFT BA:Task 4 includes the preparation of n draft BA addressing listed species and critical habitat,identified by the Services as potentially occurring within the project area.FSA Adolfson will prepare the document following current BA preparation standards in effect at.lhe Tillie a notice to proceed is issued. Deliverables; FSA will provide a draft electronic copy of the BA to the City for review and continent. The text portion of time document will be in Microsoft Word Rbnnat with attachments generally in pdf format. City ofKent S. 229"i St. Drainage Bypass Project Pagc 2 Assumptions: ESA Adolfson will base its BA on the information,plans, and technical reports provided by the City upon issuin,a notice to proceed. To minimize added expenditures resulting from plan changes,ESA Adollsou recommends that the City provide ESA with project information containing as much detail as Possible. Based on the information provided to ESA during scoping, it is assumed that the project will require informal consultation with the Services.This task does not include any coordination with the U.S. Anny Corps of Engineers with respect to the requirements of section 7 of the Endangered Species Act TASK 5—FINAL BA:Following receipt of comments by the City, ESA Adolfson will prepare a Final BA. For the purpose of this cost estimate;we have assumed only one revision of the Final BA after review under Task 4. Additional revisions may requirz an amendment to the scope of work and cost proposal for this project. Deliverables: After any revisions,ESA Adolfson will submit an electronic copy of the Final BA to the City in pdf formal and will supply up to three hard-copies of the Final BA for their use,if necessary.The City will he responsible For sulinitiing the Final BE to the Corps. Assumptions: ESA Adolfson will he pleased to adjust the BA as required within the limitations of the budget. Changes to the proiect or report requirements,particularly as a result of new species information or changes to listing status after work has been initiated will require added services ar additional revisions and may require an amendment to the Scope of Work. TASK 6—NVetlarrd Delineation: ESA Ado)Eson will delineate wetlands within 50 feet ofthe inlet and outlet for the new storm pipe. Deliverables: CSA Adolfson will prepare and deliver a sketch map with the approximate locations ofivetland boundary flags marked.The sketch map will be intended to aid surveyors in the location of the tlagging. Assumptians: The City of Kent will arrange fora survey of the wetland boundary flagging. TASK 7—Draft Wetland Mitigation Plan: ESA Adolfson will prepare a conceptual wetland ird igation plan for the temporary impacts to wetlands adjacent to and within the ditches at the east and west end of the project site.The Mitigation Plan will include results of the wetland delineation(Task 6)and will include conceptual planting plans for the re-esiablishmeneof wetland vegetation.The planting plans will include CAI)drawinlgs on up to two plan sheets showing the typical planting areas and a plaint schedule. Deliverables: ESA Adolfson will delivery electronic tiles of the wetland mitigation plan and electronic CAD files to the City for their renew. Assumptions:Yfie City of Kent will use the elech onic CAD files of conceptual plans and typical details to develop specific planting plans for the planting areas on the site.It is our uncicrstanding that this project is sinitar io past City projects that did not requii e 404 or 401 permitting. Section 404 and 401 permitting is not included in this scope of work. TASK S—Final Wetland Mitigation Plan:Following receipt ofcomments by the City,ESA Adolfson will prepare a Final Wetland Mitigation plan. For the purpose of this cost estimate.we have assumed only one revision of the Wetland Mitigation Plan after review under Task 7. Additional revisions may require an amendment to the scope of work anti cost proposal for this project. Deliverables: BSA Adolfson will delivery two bound copies of the Final wetland mitigation plan and elecuonie CAD files to the City. City of Kent S.228"i St.Drainage Bypass Project Page3 Assumnl ions:The City of Kent will use the electronic CAD files of conceptual plans and typical details to develop specific planting plwrs liu the planting areas on the site.ESA Adolfson will adjust the Wetland Mitigation Plan as required within the limitations of the budget. Changes to the project or report requirements.. particularly as a result of additional wetland impacts will require added services or additional revisions and may require an amendment to the Scope of Work. SCREDULE: From receipt of notice to proceed and upon receipt of a minimum 30 percent design,ESA Adolfson will require a minimum oftfiree weeks to develop and suhnut the Draft BA and Drafl Wetland Mitigation Plan to the City.Once comments have been received, ESA will require an additional two weeks to revise the BE and Daft Wetland Mitigation Plan and submit the Final documents to the City for submittal in the appropriate agencies. c C w Q _ t rl Q T y j •� O 5 'e — � F Billing Pates effective April 5,2010 Overhead Rate: 1.9782 (a) Fee: 12.00% of Direct Labor Cost(b)and Overhead Staff Last Name Staff First Name ESA Adolfson Billing Titles Direct Labor Billing Rate Clancy Margaret Business Group Director $55.53 $185.22 Genially Cathie Program Manager $44.87 $149,00 Krueger Steve Senior Scientist $38.94 $129.89 Baker Rosemary Staff Scientist $20.34 $67.85 Pierce Danielle CIS Intern $21.50 $7172 Bayer Julie Graphics $27.78 $92.66 Bjork Susan Sr.Project Administrator $29.21 397.43 (a) WSDOT has reveiwed and approved for use the 20C9 Overhead Rate '.. (b) Labor rates are subject to chance annually on April 1 st. EXHIBIT INSURANCE REQUIREMENTS CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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 Contractor before commencement of the work. P. 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. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7I 1. SUBJECT: STRICKLAND HEISCHMAN & HOSS, S. 228T" ST. DRAINAGE BYPASS APPRAISALS CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Strickland Heischman & Hoss, Inc. to prepare appraisals on S. 228th Street for the Drainage Bypass Project and Union Pacific Grade Separation Project in an amount not to exceed $25,000, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Design alternatives have identified that easements will be required at three (3) properties on the west side of the Union Pacific rail lines. Appraisals will include rights needed for the Grade Separation project. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/27/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Strickland Heischman & Hoss, Inc. - Appraisals for S. 228th St. Drainage Bypass Project/ Union Pacific Grade Separation Project Item - 6 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Strickland Heischman & Hoss, Inc. to prepare appraisals on S. 228th St. for the Drainage Bypass Project and Union Pacific Grade Separation Project in an amount not to exceed $25,000, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The Drainage Bypass project will reroute the drainage of the 72 inch diameter storm drain line to the west that currently originates in a ditch on the south side of 228th Street west of the Union Pacific rail lines and runs east along 228th St. and north along 76th St. This project will alleviate flooding along 76th Ave. Design alternatives have identified that easements will be required at 3 properties on the west side the Union Pacific rail lines, these appraisals will also include rights needed for the Grade Separation project. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. I�Ei�I"f WASH INATON CONSULTANT SERVICES AGREEMENT between the City of Kent and Strickland Heisch an & Hoss, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Strickland Heischman & Hoss, Inc. organized under the laws of the State of Washington, located and doing business at 6419 Lakewood Dr. W., Tacoma, WA 98467, Phone: (253) 564-3230/Fax: (253) 564-3143, Contact: Fred Strickland (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 appraisal services for three properties along S. 228`h Street. For a description, see the Consultant's December 28, 2010 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by May 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Five Thousand Dollars ($25,000.00) 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Fred Strickland Timothy 3. LaPorte, P.E. Strickland Heischman & Hoss, Inc. City of Kent 6419 Lakewood Dr. W. 220 Fourth Avenue South Tacoma, WA 98467 Kent, WA 98032 (253) 564-3230 (telephone) (253) 856-5500 (telephone) (253) 564-3143 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Stdckland Helschman&Hoss-22e Appralsal/Madfal CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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, Dated this day of 20. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT ,4isc . ss, I � a REAL FS=,APPRAISERS&CONSULTANTS December 28, 2010 Mark Madfai Engineering Supervisor Design Engineering—Public Works Department City of Kent 220 Fourth Avenue South Kent, WA 98032 Re: Appraisal Scope and Bid Summary South 2281h Street Properties Kent, WA Dear Mr, Madfai: Pursuant to your request, I am providing you with this scope and bid summary relevant to appraisals of three properties along South 228'h Street in Kent, Washington, It is my understanding that the City of Kent is proposing to acquire additional Right of Way and/or utility easements on the three properties. Additionally, as proposed, two of the properties will be impacted by temporary construction easements, It is my understanding that as this project will include a variety of funding sources, separate appraisal reports are required for the Right of Way/temporary construction easement acquisitions and for the utility easement acquisitions for each property, as applicable. All three of the properties are proposed to be impacted by utility easement acquisitions. One appraisal report, prepared in a `Before and After" format, is required for each of the subject properties, In a `Before and After" appraisal assignment, the value of the property being appraised is estimated based on its current condition (prior to the acquisition), followed by the formulation of an estimate of value subsequent to the proposed acquisition. The difference between these two value estimates (if any) is then utilized to determine the diminution in value relevant to the proposed acquisitions. 6419 Lakewood Drive West Tacoma,washLagton 98467 Tacoma(253)564-3230 Fax(253) 564-3143 Two of the subject properties are further proposed to be impacted by Right of Way acquisitions and are to be encumbered with temporary construction casements. Based on your stated requirements, due to the differing funding sources for this component of the project, the impact of the Right of Way acquisitions and temporary construction easements may be analyzed in separate appraisal reports. Thus, based on the preliminary data provided by you, it is my understanding that several appraisal reports are required. A summary of the subject properties and the proposed actions relevant to this assignment is as follows: Property Owner Proposed Actiontst Medina Fund One LLC Right of Way and utility easement acquisitions;temporary construction easement American Wholesale Florists of Seattle Right of Way and utility easement acquisitions;temporary construction '.. easement WT Cobble Hill LLC Utility easement acquisition The fee for the appraisal assignment is based on an hourly rate for me and for any associate appraisers who may assist on the appraisals. This assigrunent will likely inolude at least four trips to the area, one to meet with you and one each for the individual subject properties, along with additional time researching and surveying the subject market area. The hourly fee rate schedule is as follows: Appraiser Hourly Fee Fred Strickland, MAI, SRA $250 per hour Associate Appraiser $125 per hour Considering the scope of work required for this assignment, and the individual hourly fees for me and my associate, the total fee for the appraisals is not to exceed S25,00.0. The completed appraisal reports will be provided to you no later than nine weeks from your notice to proceed, assuming that all required information is provided in a timely manner. I trust that this scope and bid summary meets your requirements and I look forward to working with you on this assignment, .S r ceTely, Fr ti an , MAI, SRA Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 73 1. SUBJECT: AMEC EARTH & ENVIRONMENTAL, LOWER/LOWEST RUSSELL ROAD LEVEE CONDITIONAL LETTER OF MAP REVISION (CLOMR) CERTIFICATION CONSULTANT CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with AMEC Earth and Environmental, Inc. for the Conditional Letter of Map Revision (CLOMR) Certification of the Russell Road Levee Project in an amount not to exceed $271,703.78, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This contract will provide the City with a complete package for submitting a CLOMR to the Federal Emergency Management Agency (FEMA) for the levee section of the right bank of the Green River between S. 231't Way and S. 212tn Street. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/27/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/AMEC — Lower/Lowest Russell Road Levee - CLOMR Certification Item - 7 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement AMEC Earth & Environmental Inc. for the CLOMR Certification of the Russell Road Levee Project in an amount not to exceed $271,703.78, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This contract will provide the City a complete package for submitting a Conditional Letter of Map Revision (CLOMR) to the Federal Emergency Management Agency (FEMA) for the levee section of the right bank of the Green River between S. 231't Way and S. 212th St. The levee project is 1.3 River Miles long and is located adjacent to several businesses, Van Doren's Landing Park and the City of Kent's Green River Natural Resources area. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. KENT Worry HINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and AMEC Earth & Environmental, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Earth & Environmental, Inc. organized under the laws of the State of Washington, located and doing business at 11810 North Creek Parkway N., Bothell, WA 98011, Phone: (425) 368-0931, Contact: Jim Dransfield (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 geotechnical and related services for the Russell Road Levee Certification. For a description, see the Consultant's December 27, 2010 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Seventy One Thousand, Seven Hundred Three Dollars and seventy eight cents ($271,703.78) 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established.and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After. termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall, execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created ' by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable, A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification, No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jim Dransfield Timothy J. LaPorte, P.E. AMEC Earth & Environmental City of Kent 11810 North Creek Parkway N. 220 Fourth Avenue South Bothell, WA 98011 Kent; WA 98032 (425) 368-0931 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department AMEC-Russell Rd/Madfst CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT'A e O December 27, 2010 Proposal No. 10PROP.0010.0159 City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Attention: Mr. Mark Madfai, P.E. Subject: Proposal for Geotechnical and Related Services Russell Road Levee Certification Kent, Washington Dear Mark: At your request, AMEC Earth & Environmental, Inc. (AMEC), is pleased to submit this scope of work and budget estimate to conduct geotechnical and related services for the above-referenced project. The contents of this proposal are based on written and verbal information supplied by you, our discussions with Northwest Hydraulics Consultants, on our recent site visits, and on our knowledge of subsurface conditions in the site vicinity. PROJECT UNDERSTANDING PROJECT DESCRIPTION We understand the City of Kent is undertaking levee certification in accordance with 44 CFR, Section 65.10, on several portions of levee along the Green River, as a result of FEMA's revised flood maps that will soon be adopted. As a first phase, the City is preparing Conditional Letter of Map Revision (CLOMR) documents for each levee segment along the east bank of the Green River through Kent. Under a CLOMR submittal, FEMA provides formal review and comment as to whether a proposed project complies with the minimum National Flood Insurance Program (NFIP) floodplain management criteria. PROJECT OBJECTIVE The following scope of work and budget estimate is for AMEC Earth & Environmental, Inc. (AMEC)to provide geotechnical and related studies for the levee segment along the east bank of the Green River, from S. 212th Street on the north to S. 231at Street on the south, in Kent, Washington. In order of priority, the study will first consider certification of the existing levee, then certification of the existing AMEC Earth&Environmental,Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www.amec.com C'\ProposaWent Levees CISCOPINGARnal as of 12 22 i(\City of Kent Proposal letter 122110,aocx amecO R levee with modification, and then certification of new setback levees. AMEC is to provide these services in conjunction with the City of Kent, their hydraulics and hydrology (H&H) consultant Northwest Hydraulic Consultants (NHC), and other specialty consultants (endangered species, structural engineering, etc.) retained by the City of Kent as required. SITE DESCRIPTION The existing levee within the segment under study is primarily covered with an asphalt-paved trail. Because of flooding concerns associated with the integrity of the upstream Howard Hanson Dam, the top of levee and trail is now occupied by a continuous row of 4-foot high sand bags. The slope down to the Green River on the west is primarily a moderately steep straight slope, with flatter terraced slopes in a few areas. The levee is mostly bordered to the east by Russell Road,which is a narrow asphalt-paved roadway. The sand bags atop the levee extend onto the roadway along the majority of this portion of levee, and Russell Road currently serves as a single lane, one-way road. Vegetation along the river side is mostly tall grass and blackberries, with shrubs and mdderate to tall trees in some places. The levee segment is bounded by the S. 212th Street bridge to the north and by the new S. 231 at Street bridge to the south. Along a bend in the central portion of the site, Russell Road diverges from the levee trail, and the area between the road and levee is occupied by a dog kennel and a park. From north to south, properties to the east of Russell Road include a campground, a nature preserve, a small warehouse, a few private homes, a landscape nursery, a powerline and trail crossing (including a water pipeline/ pedestrian bridge crossing of the Green River), and a large office/warehouse building. For the most part, all the properties and Russell Road appear to be at or below the top elevation of the existing levee. There are existing berms along the nature preserve on the north, and along the large office/ warehouse buildings on the south that appear to be at or slightly higher than the top elevation of the existing levee. The only known underground utilities crossing the existing levee are water and sanitary sewer lines crossing at the pedestrian bridge. A water line also runs along the east side of Russell Road. No stormwater outfalls into the river are known to exist along this levee segment. SITE HISTORY Based on our brief review and conversations with City of Kent, site development in the vicinity of the levee has included the following (dates unknown at this time): • Construction of a levee and Russell Road; • Construction of a pipeline/ pedestrian bridge crossing the levee and the Green River; AMEC Earth &Environmental, Inc. Project No. 10PROP.0010.0159 2 C:1Proposal\Kent levees 05COPING\Final as of 12 22 101City of Kent Proposal letter 122710.docx amec} • Construction of an asphalt-paved pathway along the top of the levee as part of the Green River trail system; • Construction of the S. 212th Street bridge; • Replacement of the S. 231 st Street bridge; and o Raising the effective top of levee by placement of sand bags along the top of levee. No information is available on the construction and maintenance of this segment of the existing levee. To our knowledge, there are no records on the soil materials comprising the existing levee. We understand this levee was not designed or constructed by the US Army Corps of Engineers. However, we understand from the City of Kent that there has not been any recent history of need for repairs along this segment of levee. PROJECT APPROACH We understand the priority is to obtain certification of the existing levee wherever possible. The approach will therefore be to first study the existing levee, and to evaluate modifications to the existing levee or new setback levees if required. This incremental approach can generally be followed, as outlined below. However, because of the limited schedule for study completion, we propose to perform a program of drilling and lab testing early in the project, and in sufficient detail to address all likely alternatives. A description of the project approach follows. I. ASSESS EXISTING LEVEE CONDITION AMEC will conduct an initial screening of the existing levee flood protection system. The basic elements will include: Research Available Records • Geologic reports, boring logs, groundwater data, and lab testing data • Historical information on existing levee design and as-built construction • Historical and as-built information on other nearby site development • Records of utility crossings AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 3 C9Proposal\Kent Levees MSCOPING\Final as of 12 22 10lCity of Kent Proposal letter 122710.doex amecO • Information on levee operations and maintenance and inspection reports • Topographic survey of the levee system and bathymetry (CAD and GIS) • Existing levee crest width and side slope survey • Data on historical levee repairs or alterations made to the levee • Data on alterations of adjacent facilities that might affect the levee foundation soils • Review of Previous Flood Fighting Information — Review available documents — Interview of persons with first-hand experience of levee performance regarding • Identification of weak spots and other problem areas • Observed seepage • Seepage-induced soft spots Conduct Inspection of Existing Levee • Evidence of seepage such as sand boils or soil piping or gullies • Condition of vegetative cover • Evidence of erosion or scour on slope, adjacent to riprap or concrete structures • Evidence of burrowing rodent activity • Conditions at active or abandoned utility crossings • Locations where existing embankment cross-section is substandard relative to as-builts; • Locations of settlement, cracks or signs of instability (slides, slumps and tension cracks) • Any evidence of encroachments or alterations, or other recent activity • Ruts or ponded water along top of levee or other access roads • Check and Identify Potential Failure Modes — Piping due to Uncontrolled Seepage or preferential pathways AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 4 C:\Proposal\Kent Levees MCOPINGTInal as of 12 22101City of Kent Proposal letter 122710.docx — Levee Instability due to • Low strength levee fill or foundation materials • Seepage induced excessive pore pressures • External loading — Failure from erosion Provide Memo— Upon completion of the inspection, we would provide a memo summarizing findings of the review and inspection, and an opinion of levee certifiability, to assign it all or in portions, to one of three categories: a. Clearly likely to be certifiable; b. Clearly unlikely to be certifiable; c. Requiring more detailed information and engineering analysis. Review Levee Alignment-At this point in the study, we would meet with the City to review the findings, and to discuss the most likely alignment option (current levee or setback levee). il. PERFORM CERTIFICATION STUDIES For portions of existing levee that are not deemed as certifiable, perform additional studies as required to develop recommendations for modifications required to establish the existing levee as certifiable; where modification is not deemed feasible, perform additional studies to establish setback levees as certifiable. Review and analyze the following: Freeboard • Compare base flood elevation data to levee topography • Request topographic/bathymetric survey to resolve any data gaps • Obtain NHC hydrograph for maximum duration of flooding, and maximum drawdown rate. Closures • Identify utility crossings, outfalls, other as may impact the selected alignment. AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 5 CAProposal\Kent Levees C\SCOPING\Final as of 12 22 10\City of Kent Proposal lefter_122710.docx V/ R .,. • Perform investigations if required (see Assumptions, not currently in scope) Embankment Protection • Review hydraulic erodibility and scour analyses by NHC • Review maximum flow rates by NHC • Review embankment protection by NHC Embankment and Foundation Stability • Establish Geotechnical Design Cross Sections • Identify Potential Setback Levee Berms • Perform Subsurface Investigations — Develop cross sections through levee by drilling three borings perpendicular to the levee at each 1000-foot interval, as follows • Drill waterward side slope with portable drill rig (7 borings at 25-feet deep) • Drill/ probe top of existing levee (7 locations at 50-feet deep) • Drill/probe land-side toe of levee or setback levee location (7 locations at 50-feet deep) — Drill/ probe existing soil berms to the east at 500-foot intervals for potential setback levee suitability (9 locations at25 feet deep) • Perform laboratory testing on retrieved samples — Moisture Content determinations — Grain size distribution analyses — Atterberg limit determinations — Unit weight determinations — Organic content determinations • Analyze Seepage Potential AMEC Earth & Environmental, Inc. Project No.10PROP.0010.0159 6 CAProposaWent Levees MSCOPINGTinal as of 12 22 101CIty of Kent Proposal letter 122710.docx me — Use SEEPW software — Review Hydrograph provided by NHC — Check for excessive gradients — Check for seepage exiting the downstream face — Estimate seepage rates through levee • Evaluate Slope Stability — Use SLOPEW software — Check 4 failure modes per EM 1110-2-1913 Design and Construction of Levees • End of Construction • Steady State Seepage • Sudden Drawdown • Earthquake • Evaluate Seismic Stability — Evaluate post-earthquake stability using residual strength of liquefied soils — Evaluate deformation of levee where safety factors are less than 1.2 • Evaluate Settlement — Estimate settlement along the levee due to long term consolidation — Estimate settlement along the levee due to liquefaction • Interior Drainage — Review Hydraulic Analysis by NHC and the potential impact on levee stability — Provide NHC an estimate of seepage rate through the levee • Other Design Criteria — Consider design of other existing or planned facilities in analysis of levee stability. These may include: AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 7 GAProposal%ent Levees CISCOPIKG\Final as of 12 22 loCity of Kent Proposal letter_122710.docx eme f • Revisions to Russell Road • Levee close to transmission tower foundation Driveway or fire lane crossings • Review of existing and proposed utility crossings Prepare Draft Certification Report • Include the results of the site inspections, engineering assessments, and geotechnical analysis. • Summarize — Portions of the existing levee that can be deemed as certifiable without modification — Portions of the existing levee that can be deemed as certifiable with modification — Portions of the levee that are not deemed as certifiable and new setback levees are required. — Describe the deficiencies and recommend measures to address each deficiency. Respond to Review Comments-Review and discuss comments on the draft report. Prepare Certification Report- Comments from the City of Kent, as well as our internal QA review will be evaluated, clarified and incorporated into the final certification report. iil. ASSIST IN DEVELOPING 30% PLANS Establish Levee/ Road Geometry— Meet with City to finalize the decision to either use the existing levee or construct new setback levees, portions of which may include a raised and widened Russell Road. Work with City of Kent on 30% plans—City of Kent will develop 30% plans. Provide input to the City in developing the 30% drawings of the levee modifications. Provide Memorandum—Provide a memorandum which summarizes the design recommendations provided to the city of Kent to support the 30% plans. AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 8 C9ProposahKent Levees MSCOPING Final as of 12 22 10WC ty of Kent Proposal letter 122710.docx i IV. DEVELOP OPERATIONS AND MAINTENANCE PLAN Prepare Operations and Maintenance Plan with input and assistance from City of Kent. This plan will be modeled on plans being developed concurrently for other levee segments. V. PREPARE CLOMR DOCUMENTS FOR RECOMMENDED IMPROVEMENTS For the proposed levee modifications, prepare CLOMR documents (MT-2 forms 1, 2 and 3) with input from City of Kent and their specialty consultants. MT-2 Form 1: • AMEC lead with support from City of Kent • NHC concurrence on B.4 FEMA Zone designations MT-2 Form 2: • NHC lead with AMEC support on part D.2 (fill placement limits) • City of Kent support on DA (impact on endangered species) MT-2 Form 3: • Parts A through D: AMEC lead with NHC concurrence on H&H issues • Part E: AMEC lead with NHC concurrence on H&H issues, with City of Kent verification of topographic survey and freeboard • Part E. 9 parts a and b:AMEC lead • Part E.9 parts c and d: NHC lead • Part E.10 through 12; O&M Plan: AMEC lead with City of Kent support • Part F: NHC lead. SCHEDULE AND DELIVERABLES The following schedule timelines are assumed: January 24, 2011 • Notice to Proceed AMEC Earth & Environmental, Inc. Project No. 10PROP.0010.0159 9 G Troposal\Kent Levees MCOPINGTinal as of 12 22 10\City of Kent Proposal Iefter 122710.docx - me Y February 15, 2011 Obtain preliminary hydraulic analysis from NHC March 1. 2011 • Technical memorandum for condition of existing levee April 15, 2011 • Draft Certification report • Memo summarizing recommendations to the 30% Drawings June 1. 2011 • Submit Certification report • Submit MT2 Documents, Forms 1, 2 and 3 Summer 2011 date to be determined • Response to Review Comments from FEMA Fall 2011 date to be determined Issue Revised Certification Report and CLOMR documents ASSUMPTIONS Work by Others • NHC will provide hydraulic analysis in support of geotechnical work, including levee toe survey data from bathymetric survey, mean annual water levels and river hydrograph, drawdown rates, in-channel velocities, local, bend and reach scour; and suitability of vegetation as levee cover material. Preliminary information will be provided by February 15, a draft report by April 15 and a final report by June 1, 2011. • Embankment Protection is assumed to be grass vegetation for this portion of the levee, to be verified by NHC. AMEC will review the recommended cover material in conjunction with observations of soil exposures from site inspections, and underlying subsurface stratigraphy from drilling and sampling. It is assumed that design of significant additional channel armoring will not be required. AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 10 C:1ProposahKent Levees MSCOPING\Final as of 1222 101City of Kent Proposal letter 122710,docx ame& • Pot-holing, vactor truck work, or other investigations may be required to establish locations of utilities that might impact the design of modified levees or setback levees. This work is not included in the current scope. Site Access • AMEC will be provided access to all City-owned properties to conduct the drilling. The scope of drilling services does not include moving sand bags. Only portable drilling would be performed waterward of the sand bags unless the City can provide access. • It is assumed that all required permits have been obtained by City of Kent regarding Endangered Species Act requirements related to drilling. Drilling • On the waterward slope of the existing levee, borings will be advanced by portable drilling equipment; borings are estimated to be on the order of 25 feet deep, and will backfilled with bentonite upon completion of drilling. • On the top of the existing levee, and in areas landward of the existing levee, borings will be advanced by track-mounted drilling equipment; borings are estimated to be on the order of 50 feet deep. • On the top of the existing levee, and in areas landward of the existing levee, cone penetration test probes will be advanced by a track-mounted cone rig; while this equipment does not obtain soil samples for lab testing, this method has the advantage of providing continuous profiling of the subsurface, and can access locations where there are overhead power lines. Probe depths will be mainly 50 feet below ground surface. • On top of existing soil berms to be considered for setback levees, borings or probes will be advanced with a track-mounted drill rig to 25 feet below ground surface. • Split spoon soil samples will be collected using Standard Penetration Test (SPT) sampling at 2.5-foot depth intervals down to 19 feet below ground surface in each boring, and then at 5-foot intervals for the remainder of the deeper boring. • Groundwater levels will be noted at time of drilling, however no wells will be installed. Soil cuttings will be left on site. All drilling fluids and soil cuttings that are intermixed with drilling fluids will be drummed and disposed of off-site at a licensed facility. AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 11 C TroposaBKent Levees MSCOPING\Final as of 12 22 1=ity of Kent Proposal leter 122710.docx ame "4 �? • Each boring and probe will be backfilled with bentonite and soil. If borings are made through pavement they will be patched with similar asphalt or concrete. • Scope includes general site cleanup; however there may be some soil mounds, grass disturbance, pavement roughness or other irregularities from the drilling equipment, and the scope of work does not include repaving, landscape restoration or revegetation. Utilities Prior to conducting subsurface work at the site, AMEC will make reasonable attempts to locate underground structures or utilities in the immediate vicinity of planned activities. However, please be aware that it is the client's responsibility to provide AMEC with an accurate map of subsurface structures and/or utility locations. Because AMEC has no control over the location of underground structures or utilities, AMEC will not accept liability for damaged or impaired underground structures or utilities or consequential damages resulting from subsurface activities when AMEC has not been provided with a map accurately depicting their locations. We will perform the following: • Make the One-Call notification; and • Ask that the City of Kent project manager approve the drill locations. Traffic Control It is assumed traffic control will be required where boring activities are on the existing Russell Road. We have included budget for signage and licensed flaggers to maintain one way traffic. We will make prior arrangements with City of Kent if site activities require road closures. Other Exclusions The scope of work for this task excludes the following: • Scope does not include coordination with private properties • Scope does not include post-2011 revisions to the completed design based on reviewing agency comments • Scope does not include generating plans and specifications, only input and review. • The study is limited to the east bank levee segment terminating on high ground at S. 212th Street on the north and S. 231s1 Street on the south. Overall performance of the Green River levee system through the City of Kent is beyond the scope of this current study. AMEC Earth& Environmental, Inc. Project No.10PROP.0010.0159 12 CAProposal\Kent Levees C\SCOPING\Pinal as of 12 22 10\City of Kent Proposal letter 122710.docx ameO COST ESTIMATE AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract. Our fee estimate is presented as Exhibit A, and direct salary costs for staff that would be working on this project are presented as Exhibit B, attached. The actual distribution of labor hours per category may vary from the estimate. If adverse conditions arise during our evaluation, we will inform you as soon as possible and will perform no work beyond the authorized scope without your approval. Post-report services such as plan reviews, meetings, supplemental analyses, or construction monitoring would be billed on an hourly basis in addition to this budget. CLOSURE We appreciate the opportunity to submit this proposal, and we look forward to working with you on this project. We understand this scope of work and exhibits would be incorporated into a City of Kent consultant agreement. Please understand that the authorizing organization assumes ultimate responsibility for payment of our services. If you have any questions or need additional information, please do not hesitate to call. Sincerely, AMEC Earth & Environmental, Inc. James S. Dransfield, P.E. Principal Geotechnical Fngineer Reviewed by: Joe File, PE, CFM Reviewed by: Jim French, GE Enclosures: Exhibit A—Summary of Costs Exhibit B—Summary of Staff and Rates AMEC Earth &Environmental, Inc. Project No.10PROP.0010.0159 13 CAProposal\Kent Levees MSCOPING\Final as&12 22 10\City of Kent Proposal letter-1 2271 O.docx e EXHIBIT A - SUMMARY OF COSTS Russell Road Levee Certification S 212th Street to S 231st Street Kent, Washington DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate - Cost Task Total Senior Principal(622 to 624) 139 $69.95 $9,723.05 Principal(618 to 621) 32 $60,90 $1,948.80 Associate(617) . 171 $45.40 $7,763.40 Senior Project Engineer(616) 451 $41.62 $18,770.62 Senior Project Geologist(615) 320 $41.06 $13,139.20 Project Engineer/Geologist(614) 60 $37.28 $2,236.80 Senior Staff Engineer/Geologist(613) 100 $32.10 $3,210,00 Staff Engineer/Geologist(611 to 612) 426 $28.63 $12,196.38 CAD Drafting(516) 58 $28.98 $1,680.84 Word Processing(806) 42 $17.89 $751.38 Clerical(805 to 807) 26 $19.79 $514.54 TOTAL DSC 1825 $71,935.01 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.8377 x DSC 1.8377 x $71,935.01 = $132,194,97 DSC+OH $204,129.98 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $204,129.98 = $20,413.00 REIMBURSABLES: Field Expenses(mileage,equipment,etc.) $2,580,00 Laboratory Testing* $10,010.00 Drilling Subcontractor* $19,555.80 Cone Probe Subcontractor* $9,680.00 Traffic Control Subcontractor* $5,335.00 TOTAL REIMBURSABLES = $47,160.80 TOTAL $271,703.78 *includes 10%markup. Aft EXHIBIT B - SUMMARY OF STAFF AND RATES AMEC Class 2011 Direct Salary Staff name Code Hourly Rate Principal Jim Dransfield 624 $69.95 Jim French 621 $60.90 Associate Joe File 617 $45.40 Todd Wentworth 617 $45.14 Steven Siebert 617 $46.57 Senior Project Engineer Carlo Evan elisti 616 $41.62 Senior Project Geologist HenryBrenniman 615 $41.06 Bill Lockard 615 $40.29 Project Geologist Konrad Moeller 614 $37.28 Senior Staff Geologist... Pat Reed 613 $32.10 Staff Engineer Min'ae Park 611 $28.63 Drafter Jeff Sanders 516 $28.98 Word Processor Lucas Stonehouse 806 $17.89 Clerical Crystal Fitzgerald 807 $19.79 Donna Wilson 805 $16.30 Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7K 1. SUBJECT: NORTHWEST HYDRAULIC CONSULTANTS, LOWER/LOWEST RUSSELL ROAD LEVEE CONDITIONAL LETTER OF MAP REVISION (CLOMR) CERTIFICATION HYDRAULIC ANALYSIS CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants for hydraulic analysis for the certification of the Russell Road Levee Project in an amount not to exceed $35,691, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The levee project is 1.3 River Miles long and is located adjacent to several businesses, Van Doren's Landing Park and the City of Kent's Green River Natural Resources area. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/27/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Northwest Hydraulic Consultants (NHC) - Lower/Lowest Russell Road Levee Hydraulic Analysis Item - 8 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants (NHC) for the Hydraulics Analysis for the Certification of the Russell Road Levee Project in an amount not to exceed $35,691, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This contract will provide the Hydraulic Analysis report for the Conditional Letter of Map Revision (CLOMR) being prepared by AMEC Consultants for the levee section of the right bank of the Green River between S. 231't Way and S. 212th St. The levee project is 1.3 River Miles long and is located adjacent to several businesses, Van Dorens Landing Park and the City of Kent's Green River Natural Resources area. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. ICD"f CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Rd., Suite 350, Seattle, WA 98188, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (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 hydraulic analysis for potential Green River Levee Certification of Lower/Lowest Russell Road Levee. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Five Thousand, Six Hundred Ninety One Dollars ($35,691.00) 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERIMINATION. 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. . DISCRIMIINATION. In the hiring of employees for the performance of work under this Agreement or any.subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (titre) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Timothy J. LaPorte, P.E. Northwest Hydraulic Consultants, Inc. City of Kent 16300 Christensen Rd., Suite 350 220 Fourth Avenue South Seattle, WA 98188 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department NHC-Russell Rd Levee/Madfai CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of , 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT SCOPE OF WORK Hydraulic Analysis For Potential Green River Levee Certification Of Lower/Lowest Russell Road Levee Segment DESCRIPTION OF WORK / PROJECT OBJECTIVES The objective of this contract is for Northwest Hydraulic Consultants, Inc. (NHC)to evaluate the channel and overbank hydraulic conditions resulting from the east (right bank) levees between the 231" St and 212" St bridges providing 100-year flood protection. NHC will use an existing FLO-21) model to evaluate the channel and overbank hydraulic conditions. NHC developed this model previously for King County's appeal of the FEMA flDodplain mapping of the Green River. NHC will also determine the necessary hydraulic parameters required for the geotechnical analysis to be conducted by others. NHC's work is part of the City's Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) submittal. TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Task 1 — Bathymetric Survey No Bathymetric survey will be performed. The City of Kent's existing survey and 2007 Flood Insurance Study cross sections will be used for scour analysis. Task 2 — Floodplain Modeling and Mapping NHC will model the proposed levee providing 100-year flood protection. (in the FEMA study, these levees were required to be modeled as failed and not provide flood protection). NHC will model this scenario by modifying the FLO-21D model previously developed by NHC for King County's appeal of the FEMA Green River Floodplain mapping The 100-year floodplain boundary will then be remapped for the portions of the Green River that change due to the levees providing certified 100-year flood protection. The mapping will be to the same standard used for King County's appeal of the FEMA mapping. Task 3 — Interior Drainage Analysis It is assumed that no interior drainage analysis is required for this levee segment based on initial discussions with the City of Kent. Task 4 — Hydraulic Analysis in Support of Geotechnical Work NHC will conduct hydraulic analysis to generate the geotechnical data needed by AMEC. This will include determination of: mean annual water levels; drawdown rates; in-channel velocities; local, bend and reach scour; and suitability of vegetation as levee cover material. 1 Task 5 — Reporting NHC will prepare a memorandum documenting methods and results of the analysis in a format suitable for inclusion in a CLOMR application. NHC will produce a revised floodplain workmap showing the modified floodplains from Task 2. NHC will complete portions of the MT-2 form relevant to its work. The form will be signed by others. Deliverables: NHC will provide the following deliverables to the City. Deliverables will be provided in a format suitable for inclusion in the City's CLOMR submittal to FEMA. ® A report describing methods and results of all hydraulic analysis performed. ® Digital versions of effective and revised FLO-2D models and the digital model output data used in the analysis. o Revised floodplain mapping (in digital format) showing inundation areas, flood zones and floodway. Task 6 — Coordination/Project Management/ Post Submittal Review Support NHC (Vaughn Collins) and Larry Karpack will attend up to 4 meetings with the City of Kent, FEMA, AMEC or others for project coordination and review prior to CLOMR submittal. NHC and Mr. Karpack will provide post submittal support as needed in addressing reviewers questions and comments. This is anticipated to include revising both reports and mapping products. STAFF, SUBC®NSULTANTS AND COORDINATION WITH ®TITERS The Principal-in-Charge will be Mr. Todd Bennett. Mr. Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson will serve as engineer. NHC will subcontract with Mr. Larry Karpack of Watershed Science & Engineering (WSE) to provide engineering support and review of products. Mr. Karpack will attend key meetings with the City as needed. NHC will coordinate with AMEC in scheduling and delivery of products needed for geotechnical analysis. SCHEDULE NHC anticipates Notice to Proceed (NTP) on or about January 24, 2011. The City of Kent has requested that draft reports be submitted by April 15, 2011. Task 4 deliverables -a scour analysis and other data needed for geotechnical analysis -will be completed approximately four weeks after NTP and draft results delivered to AMEC. NHC will coordinate with AMEC and the City of Kent throughout the project regarding scheduling of deliverables. Floodplain mapping tasks will be initiated concurrently. Submittal of draft flood inundation maps without floodway revisions will occur by April 15. Final reports will be submitted within two weeks of receipt of final comments from the City. 2 Northvifest Hydraulic Consultants Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle,WA 98188-3418 Project: 'Lower/Lowest Russell Levee Certification Tel. (206) 241-6000 Date: December22, 2010 Fax (206)439-2420 Project#: Prepared By: Vaughn Collins TASK DESCRIPTION Sr. Jc Totals Principal Engine c r Engineer Er ineer Tech. Clerical 1.0-Bathymetric Survey Field Work $0 Data Processing $0 _. Total= $0 2.0-Floodplain Modeling and Mapping FIo2D Lewe Modeling _ _4_ _1.6. _ $2,370 FIo2D Floodway Modeling $0 QA/QC 4 8 $2,287. Total= $4,658 3A-Interior Drainage Analysis $0 _. Tots l= $0 4.0-Hydraulic Analysis in support of Geotechnical Work 2 16 12 $4,458 Total= $4,458 6.0-Reporting and Mapping Reporting 4 16 8 8 $5,135 Mapping 2 8 8 32 $6,206 Total= $11.343 6.0-Coordination/Project Management '.. Project ManagemenVCoordination 4 4 $1,002 Meetings 16 _ $2,731 Post Submittal Review Support 16 16 $g419 Total= $8,152 Total Hours 12.0 88.0 1 8.0 84.0 1 0.0 1 12.0 Rates $230,45 1 $170.71 1 $125.86 $105.45 $88.54 $79.84 TOTAL LABOR COST NHC $28.611 Direct Expense Detail Units Rate Cost Subconsultants: Larry Karpack 32 . 19D.00 $ 6,080 w$ Reproduction, Couriers, &Communication 1 $ 100 Bathymetrlc Suney Equipment 1 900'$ 900 .. $ 7,080 Cost summary 'Intel Labor $ 28.611 Total Direct Expenses $ 7,000 TOTAL COS7 $ 35,691 3 EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant'shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CERTIFICATE OF LIABILLT1°J U ANCE OP ID AL DATE(MMIDDIYYYY) OS/16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN D,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. theIMPORTANT: c the certificate holder is er ADDITIONAL INSURED,the endorsement. must he endorsed. If SUBROGATION IS WAIVED,subject to certificate terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER DOW NAME: PHONE Griffith Insurance Group, Inc. 3841 Aurora Ave N Suite 100 Aooaess: Seattle WA 98103 -PRUDcu_sioMER IDpE NOR9000_ Phone:206-632-1433 Fax:206-632-0878 INSURER(S)AFFORDING COVERAGE NAICM INSUREDINSURER A; The Haztoml Caeuelty Ins Co Northwest Hydraulic INSURER e: - Consultants Inca , 16300 Christensen Rd #350 INSURERC: Tukwila WA 98188 -- -- -.--_.. INSURER D: INSURER E; INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: - (HIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE D B --- _ INSR W E POLICY NUMBER IMhDDRYyA IMWDD/YYYY) LIMITS '.. GENERAL LIABILITY EACH OCCURRENCE $ 1 000,000 '-A X COMMERCIAL 10 RENTE GENERAL LIABILITY 52UUNUS3749 06/30/SO 06/30/11 pftEMISE8 Ea occurrence) $300,000 CLAIMS-MADE FRI OCCUR MED EXP(Any one Person) S 10,000 X - WA Stop Gap PERSONAL S- PERSONAL $1,DOD,QQQ GENERAL AGGREGATE $2 000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-cOMPJOP AGG $2,000,Q00 X POLICY PRO- - -- --_ JECT LOC $ AUTOMOBILE LIABILITV COMBINED SINGLE LIMIT A X ANY AUTO (Ea ecclden0 $ 1,000,000 ALL OWNED 52UUNUS3744 06/30/10 06/30/11 BODILYINJURY(Per person) IT AUTOS _SCItEDULEO S '. BODILY INJURY(Per accident) $ AUTO HIRED AUTOS PROPE AGE (Per accideni) $ tlenl) NON-OWNED AUTOS IT '.. p X UMBRELLA LMS X OCCUR 52XHW83412 06/30/10 06/30/11 EACH OCCURRENCE $5,000,000 EXCESS LIAB -CLAIMS-MADE AGGREGATE $5,000,000 DEDUCTIBLE X RETENTION $ 10,000 $ - WORKERS COMPENSATION TAT - OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANYPROPRIETOR/PARTNERIE%ECUTN EA- EACH ACCIDENT $ OFFICER/MEMNER EXCWOED9 /A N. Ugs(MRSdoesry1n and E.L.DISEASE.EA EMPLOYEE $ If cribs antler DE SCRIPT ION OF OPERATIONS below, E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Addlllogal Remarks Schedule,If more space Is requiredJ The certificate holder is listed as primary non contributory additional insured as pertains to the work and services performed by the named insured only per form HG 00 01 06 05. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYKNT THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 4th Ave S Kent WA 98032 ©1988-2009 AC CORPORATION. Ali rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD I Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7L 1. SUBJECT: TETRA TECH, BOEING LEVEE CERTIFICATION CONSULTANT CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. for Certification of the Boeing Levee in an amount not to exceed $260,490, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Tetra Tech will analyze and certify the levee to FEMA standards. The certification will be used to remove a significant portion of the Kent Valley from the flood plain. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/13/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 13, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Toby Hallock, Environmental Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Contact with Tetra Tech Inc. - Boeing Levee Certification Item - 9 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech Inc. for Certification of the Boeing Levee in an amount not to exceed $260,490, upon concurrence of the language therein by the Public Works Director and City Attorney. Summary: The City's Boeing Levee is located on the east bank of the Green River between South 200th Street and South 212th Street. This consultant services agreement will allow Tetra Tech to analyze and certify the levee to FEMA standards. This certification will be used to remove a significant portion of the Kent Valley from the flood plain. Tetra Tech's services include developing geotechnical design recommendations and hydraulic analysis and modeling related to design and construction of any new levee sections that would be required to certify the Boeing Levee. Budget Impact: Storm water drainage utility funds will be used to pay for this consultant services agreement. `✓ KENT WAs.IH".ox CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 1420 5th Ave., Suite 550, Seattle, WA 98101, Phone: (206) 728-9655/Fax: (206) 728, 9670, Contact: Bill Fullerton (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 services required to complete FEMA Conditional Letter of Map Revision (CLOMR) for the Boeing Levee. For a description, see the Consultant's December 15, 2010 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Sixty Thousand, Four Hundred Ninety Dollars ($260,490.00) 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City performed, and a final bill upon completion of all services described Agreement. The City shall provide payment within forty-five (45) days of rep an invoice. If the City objects to all or any portion of an invoice, it shall noth Consultant and reserves the option to only pay that portion of the invoice na dispute. In that event, the parties will immediately make every effort to settle disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort.to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on'the Consultant's part. The provisions of this section shall ' survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts,_ each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bill Fullerton Timothy 7. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1420 5`h Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 728-9655 (telephone) (253) 856-5500 (telephone) (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Tetra Tech�Boeing Levee/Hallock CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A TETRATECH December 15, 2010 Mr,Toby Hallock City of Kent 220 4`h Avenue South Kent,WA 98032 Subject: Scope and Fee for Boeing Levee Dear Mr. Hallock: Per your request, please find below our scope of work for the levee certification work at Boeing Levee along the Green River. Attached please find the fee estimate for this scope of work. If you have any questions, please do not hesitate to contact,me at bill.fullerton@tetratech.com or at (206)728-9655. Sincerely, YET?AtT,,- , Bill Fullerton, Program Manager SCOPE OF WORK FOR THE BOEING LEVEE SYSTEM EVALUATION AND CERTIFICATION PACKAGE TASK 1 —PROJECT MANAGEMENT AND MEETINGS Project management will include weekly internal reviews of the budget and schedule and the progress on the task items. Throughout the project, the Tetra Tech team will maintain appropriate coordination with the City of Kent regarding progress on the technical tasks as well as providing updates on the schedule. Four in-person meetings are assumed in this scope: (1) an initial kick-off meeting with the City at the time of the field investigation, (2) mid-way through the technical analyses, (3) at the time of the draft report deliverable, and (4) at receipt of FEMA comments. In addition, it is assumed that weekly progress meetings will be held via telephone. TASK 2 DATA COLLECTION AND FIELD INVESTIGATION The data collection effort will be focused on those items needed to complete the certification process. The items identified in Section 65.10 of the NFIP regulations and on FEMA Form 3 "Riverine Hydraulic Structures"of the MT-2 form provide a guide to the data needed. Information to be collected includes: • As-built plans for the levee, channel, and pipes penetrating the levee Teua Tech. Inc. (h'20 5' Ave;w, Smn 550 SeattI,,WA98I0i Tel 206.72996S, Fax I06.7"8967U "I'll W11 rqN[.eom TEE 7 ECH • Recent topography of the levee reach and area flooded due to interior drainage • Green River Appeal Report(including digital files associated with the modeling and mapping) • Existing geotechnical data • Existing Operation and Maintenance Plan It is assumed that this information is readily available from the City. The team will perform one field investigation to document the condition of the existing levee and identify critical locations for the geotechnical field work. TASK 3 GEOTECHNICAL ASSESSMENT Basis of Evaluation The Boeing Levee is located on the right bank of the Green River between South 200'" and South 2121h Street Bridges in the City of Kent,Washington. The levee to be evaluated is located on the east bank of the Green River. Flows within the Green River are controlled by Howard Hanson Dam. For this evaluation we understand that the river hydrology will be based upon an operable Howard Hanson Dam that has a 100-year event discharge of approximately 12,000 cubic-feet-per second as measured at the Auburn gage. The associated water surface elevation (WSE) along the 0.9 mile length of levee will be determined during Task 4. For scoping purposes it is assumed that water will rise to the level of the setback levee and an exploration program for both the setback levee and waterside bench has been developed. Based on review of available LiDAR topographic data, the waterside bench has an elevation of about +36,feet and the top of the setback levee is between El. +39 to+40. The landside ground surface has an elevation of between +27 to +30 feet. Geotechnical evaluations will be based upon USACE levee design criteria for existing levees per Engineering Manual (EM) 1110-2-1913 Design and Construction of Levees and Engineering Technical Letter (ETL) 1110-2-569 Design Guidance for Levee Underseepage. Key considerations for this analysis are steady state seepage and stability analysis during the 100- year WSE event, seismic stability during normal winter and/or summer water levels, and Sudden Drawdown. Currently USACE does not have design criteria for seismic stability. From discussions with USACE we understand the USACE is currently proposing a 100-year recurrence interval in draft documents under development regarding seismic stability. Our team proposes to use this analysis as the basis of seismic evaluation unless the City requests otherwise. We note that for the Horseshoe Bend levee evaluation conducted by others, ground accelerations were based upon International Building Code design criteria. Geotechnical Exploration Based on the unknown WSE, the following scope of exploration is proposed: • Advance 5 rotary wash method borings spaced at 1000 foot intervals along the top of the setback levee. The borings will be advanced to a depth of 55 feet below the crown elevation. Sampling will be conducted nearly continuously to a depth of 30 feet and sampling at 5-foot spacing below that depth. Two of the borings will be converted to Piezometers to allow measurement of groundwater levels. • Advance up to 20 Cone Penetration Tests (CPTs) subsequent to drilling the borings to document subsurface conditions between the borings and within the riverside bench. 2 TETRATECH CPTs will be advanced to a maximum depth of 50 feet. Two CPTs will be used to measure seismic velocities to provided data for a seismic response analysis. Pore pressure dissipation test will also be conducted'in select CPTs to aid in evaluation of horizontal Hydraulic Conductivity of fine grained soils. Laboratory-testing-will be conducted to evaluate strength compressibility and hydraulic conductivity - (permeability of the subsurface soils including moisture content, unit weight, particle size analysis, Atterberg Limits, consolidation and strength tests as judged appropriate. Engineering Analysis Cross sections of the site will be developed and up to 4 critical cross sections will be selected for seepage analysis. It should be noted that a section critical for seepage is not necessarily critical for steady state stability, sudden drawdown or seismic stability. Therefore one section identified as critical for each of these stability analyses will be selected. In addition it is anticipated that the north end of the levee may require a setback in order to allow for a stable layout. Geotechnical analysis will include analysis to support a design section to address a need to setback in a single location. A geotechnical report will be prepared documenting the subsurface exploration and the geotechnical analyses to become part of the levee certification package. TASK 4 HYDRAULIC EVALUATION A HEC-RAS model for the Green River is available that assess the hydraulic conditions of the Green River. This model will serve as the basis for the hydraulic evaluation. The model will be reviewed and verified against current topography (to be provided by the City of Kent). The HEC- RAS results will be used to assess the top of levee elevation of the Boeing Levee to determine if adequate freeboard is available. An appeal of the Green River is currently in progress with FEMA that was submitted on behalf of King County. This analysis, which includes a FLO-2D model of multiple levee failure scenarios, will be used to evaluate the hydraulics in the floodplain beyond the levee. The FLO-21D model will be updated to evaluate the impact of the Boeing Levee being intact during a 100-year flood event. TASK 5 FLOODPLAIN MAPPING Based on the results of Task 4, revised floodplain mapping will be generated that evaluates the levee failure scenarios as appropriate to determine the change to the floodplain boundaries based on the Boeing Levee certification. The same assumptions of controlling scenarios will be used as considered in the Green River Appeal. TASK 6 EROSION PROTECTION EVALUATION Based on the existing HEC-RAS model of the Green River, the existing Boeing Levee will be evaluated to determine if the existing condition is adequate for erosion protection. The evaluation will be based on design guidance available from the LISACE, NRCS, and King County. 3 TETRATECH It is assumed that no scour or aggradation analyses will be required. TASK 7 STRUCTURAL EVALUATION A rock wall is located along the Boeing Levee. This wall has been built into the levee embankment. It is anticipated that this section will be one of the 4 critical locations assessed in the geotechnical analysis (Task 3). In addition, a structural evaluation will be performed by reviewing available information for the structure and evaluating the structural integrity. TASK 8 INTERIOR DRAINAGE ANALYSIS It appears that there are no penetrations through the levee so no interior drainage analysis is anticipated as part of this scope. TASK 9 OPERATION& MAINTENANCE PLAN Tetra Tech will review the existing operation and maintenance plans for the levees where available and develop one where no plan exists that meets the requirements of Section 65.10 of the NFIP Regulations. The O&M Manual will be patterned after existing manuals that exists for other levees along the Green River in the City of Kent. TASK 10 LEVEE CERTIFICATION REPORT The Levee Certification Report will include the results of the site inspections, engineering assessment, and the geotechnical analysis. If the levee meets the requirements of Section 65,10 of the NFIP Regulations, the report will include a cover letter for FEMA to support certification. If the levee does not meet the requirements of Section 65,10 of the NFIP Regulations, the report will include identification of the deficiencies and the work needed to continue with certification. Each report will include electronic copies of the report, supporting data, and a georeferenced GIS data layer for each levee in accordance with FEMA guidelines to allow the levee to be located. After comments are received from the City, a final report will be produced. Routine comments from FEMA will also be addressed as part of this task. TASK 11 CLOMR PACKAGE This package will include the levee forms (the MT-2 FEMA Form 1 —"Overview& Concurrence', Form 2—"Riverine Hydrology & Hydraulic", and Form 3—"Riverine Structures") and other supporting information such as the topographic workmap and the annotated FIRM showing the changes to the floodplain boundaries. 4 TETRATECH SCHEDULE The following preliminary schedule is proposed. It is anticipated that it will be discussed and refined as needed during the kick-off meeting. Proposed Schedule Days to Complete Date assuming Task Following NTP 01/10/11 NTP Data Collection 10 1/21/2011 Kick-Off Meeting 14 1/25/2011 Field Investigation 28 2/8/2011 Hydraulic& CiNI Evaluation 49 3/1/2011 Geotechnical Assessment 70 3/22/2011 Altemative Meeting 77 3/29/2011 Prepare 35% Plans* 105 4/26/2011 Floodplain Mapping 91 4/12/2011 Operation and Maintenance Plan 112 5/3/2011 Draft Report & CLOMR Package 112 5/3/2011 Final Report & CLOMR Package 126 5/17/2011 FEMA SUBMITTAL 127 5/18/2011 * 35% plans developed by City of Kent; 1 week review of Draft report assumed PROPOSEDTEAM The following table identifies the team members anticipated at this time. Any changes will be discussed with City staff. Proposed Team Rate Category Names Senior Technical/ QA/QC Bill Fullerton, P.E. Patti Sexton, P.E. (Principal PM) Project Manager Justin Nodolf, P.E. (Deputy PM) Justin Nodolf, P.E., Matthew Merril, P.E., Dave Pizzi, Project Engineer P.E., Jung Suh, P.E.; Fazul Pasha, Ph.D. Jay Smith,P.E., Tom Spangenberg, P.E., Chung- Senior Engineer Cheng Yen, P.E. Staff Engineer Nate Schreiner, Ric McCallan GIS Tracy Winjum, Adam Baines, Steve Parker Principal Geotechnical Engineer Mark Stanley Senior Geotechnical Engineer Marcus Byers Staff Geotechnical Engineer Hyungsuk Shin, Elizabeth Roesler, Kami Deputy Draftsman Jeff Stewart,,lan McGovern 5 ti 0 ,a ooa 7 v W 0 Nk ho --- --- ----- rc u. imra al EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7M 1. SUBJECT: GEOENGINEERS, BRISCOE & DESIMONE LEVEES CERTIFICATION CONSULTANT CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. for analysis and certification of the Briscoe and Desimone Levees in an amount not to exceed $158,425, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The levee project is 2.7 river miles in length and is adjacent to warehouses, Briscoe Park, and West Valley Highway. The levee is within the Tukwila city limits. An Interlocal agreement will be developed with Tukwila to complete necessary improvements to project area along the north City limit. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/21/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 21, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Ken Langholz, Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement with GeoEngineers, Inc. for Analysis and Certification of the Desimone and Briscoe Levees Item - 10 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. to perform analysis and certification of the Desimone and Briscoe Levees in an amount not to exceed $158,425 upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This contract will provide the City a complete package for submitting a Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) for the levee section on the right bank of the Green River between S. 200th St. and S. 180th St. This section is known as the Desimone and Briscoe levees. The levee project is 2.7 river miles in length and is adjacent to warehouses, Briscoe Park, and West Valley Highway. The Desimone levee is within the Tukwila city limits. An Interlocal Agreement will be developed with Tukwila to complete necessary improvements to protect areas along the north City limit. Budget Impact: This contract is budgeted and will be paid through the stormwater utility. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Avenue, Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Gary Henderson (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 conduct subsurface explorations and laboratory testing as a basis for the analysis and certification of portions of the Desimone and Briscoe Levees. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fifty Eight Thousand, Four Hundred Twenty Five Dollars ($158,425.00) 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 Exhibits B-1, B-2, and B-3. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gary Henderson Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-Deslmone&Briscoe Levees/Lengholz CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 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. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 _. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. DESIMONE AND BRISCOE LEVEES ANALYSIS AND CERTIFICATION GREEN RIVER, FROM RIVER MILE 13.5 TO 17.0 KENT, WASHINGTON FILE NO. 0410-176-00 INTRODUCTION The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for the analysis and certification of portions of the Desimone and Briscoe Levees from River Mile FM) 13.5 to 17.0. The project site is divided into three portions for budgeting and organizational purposes. These portions are: 1) Briscoe FM 17.0 to 15.5) 2) Desimone (RM 15.5 to 14.25) and 3) Desimone/Caterpillar (RM 14.25 to 13.5). The Briscoe and Desimone portions will be analyzed together but billed separately; the Tukwila/Caterpillar portion may or may not be included in the final analysis depending on the results of the hydraulic study. Our approach will be similar for all three sections. We anticipate three general work phases: uuuu Review existing subsurface information and complete additional subsurface explorations. uuuu Provide preliminary analysis of the existing levees to determine which areas require improvements, and provide geotechnical design recommendations for these areas. uuuu Complete a Levee Certification Report for a CLOMR submittal based on 30% plans developed by the City of Kent. SCOPE OF SERVICES Our specific geotechnical scope of services for the Desimone and Briscoe Levees includes: 1. Review existing information, including in-house reports, reports by others provided by the City of Kent and appropriate Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) documents. Segale Properties has given us permission to use explorations on their properties which are located on the opposite side of the river. 2. Conduct a site visit prior to subsurface explorations to coordinate exploration locations and site safety issues with the design team. 3. Coordinate clearance and location of existing underground public utilities in the project area. We will contact the Washington Utilities Coordinating Council "One Call" service prior to beginning explorations. We request that City of Kent and City of Tukwila personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities. 4. Complete up to 13 subsurface explorations along the levee alignment. The depth and location of the explorations will depend on the existing subsurface information available and access to the levee. We understand permitting and site access coordination for explorations will be completed as city rpr IR*ur l I Mcg,i nlb*u 15,2010 1larl",1 necessary by the City of Kent and City of Tukwila. The anticipated division of the explorations between the three locations is as follows: 4.1. Briscoe: Two Mud-Rotary Borings to 50 feet, two Cone Penetration Test (CPT) soundings to 50 feet, and two seismic cones to 100 feet. 4.2. Desimone: One Mud-Rotary Boring to 50 feet, two Cone Penetration Test (CPT) soundings to 50 feet, and one seismic cone to 100 feet. Traffic control will be required to complete one exploration on West Valley Highway. 4.3. Desimone/Caterpillar: Three Cone Penetration Test(CPT)soundings to 50 feet. All explorations will be located on West Valley Highway. Accordingly, traffic control will be required. 5. Complete laboratory tests on representative samples of the soils, including tests for moisture content, density, Atterberg Limits and particle size distribution, as appropriate. 6. Complete stability and seepage analyses for existing and proposed levee cross sections under each of the following conditions: end of construction, steady state seepage during full flood stage, sudden drawdown, and seismic conditions. Stability analysis will be based in part on survey data provided by the City of Kent and hydraulics information. We anticipate developing six design cross-sections for Kent, five design cross-sections for Tukwila, and two design cross-sections for Tukwila/Caterpillar. 7. Develop geotechnical design recommendations for levee improvement including site preparation, levee materials, compaction requirements, embankment slopes, geosynthetic reinforcement for steeper slopes, and design earth pressures for walls or retaining structures if necessary. Our scope specifically does not include producing plans or structural design of 8. Develop recommendations for drainage blankets or other suitable measures to control seepage, if necessary based on our studies. 9. Attend eight to ten meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. Our budget estimate includes four hours each per meeting for Gary Henderson and Lyle Stone. 10. Prepare a Levee Certification Report summarizing the results of our field exploration program, laboratory testing and our analyses, and providing our conclusions and recommendations. Our report will be part of the submittal to FEMA. 11. Review plans related to the flood barrier prepared by us and the City of Kent as required for the submittal to FEMA. 12. Assist the City of Kent in preparing an Operations and Maintenance manual, MT2 forms and other parts of the submittal as needed. 13. Address any comments and revise submittal as needed. This includes coordination with the City of Kent, City of Tukwila, Northwest Hydraulics, USACE and FEMA to incorporate necessary revisions into the submittal of the final report. Our scope does not include a detailed finite element analysis of earthquake induced liquefaction or displacement and is not expected to be necessary. This scope also does not include any construction management, monitoring or inspections. GEOENGINEERS city rnf IR*url IMcc,,innllr*u 15,2010 1larl",3 SCHEDULE We are prepared to begin work immediately after notice to proceed. We can begin tentatively scheduling subsurface exploration subcontractors in anticipation of official notice to proceed if requested. We anticipate three to four weeks to coordinate and complete our explorations provided that the Cities of Kent and Tukwila provide assistance coordinating access with property owners. Our preliminary analysis of the existing levees will require survey data of the project area. We currently have aerial topographic information for the land adjacent the Green River as previously provided by the City or Kent. To complete our analysis of the levees, we will require data points on the river bed. These analyses will also be dependent on hydrologic information and scour estimates which we understand will be provided to the City of Kent by Northwest Hydraulics. We anticipate that we can provide this preliminary analysis four to five weeks after receiving this data. We can work with the City to develop specific options for improving levees as required. After the type, size, and locations of the improvements are determined, we will require an additional three to four weeks to finalize the analyses for inclusion in the Levee Certification Report which we will provide as a draft to the design team. We expect that our draft report will be complete on or before April 15, 2011. Our report revisions/modifications will be provided one to two weeks after receipt of comments. US:GWi`hgh Attachments: Exhibits B-1, B-2 and B-3 Fee Estimates Disrlaimen Any eledrone 1unn,1'acsirnile or haul ropy of the o0onal docunieof(eunall,text,table,and/or ligurEe),if provided,and any altachnienUs are only a ropy of the oribIcal docunieof.The of iginal docunienl isslored fry GeoEnglneus,Inc.and will serve as the official docunievit of rerorrd. Gopyright0)2010 by GeoEnglneus,Inc. All itghis reserved. GEOENGINEERS N,, rA :�G xi EXHIBIT B-1 FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES BRISCOE LEVEES(KENT) GREEN RIVER, FROM RIVER MILE 17.0 TO 15.5 FILE NO. 0410-176-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 40 x $160 = $6,400 Project Engineer 1(Lyle Stone) 165 x $145 = $23,925 Engineer/Scientist 3(WhitneyTrent) 25 x $128 = $3,200 Engineer/Scientist 2(Mackenzie Hanks) 180 x $112 = $20,160 Engineer/Scientist 1(Craig Jordan) 35 x $95 = $3,325 CAD Designer 25 x $85 = $2,125 Support 35 x $75 = $2,625 Subtotal Personnel Cost(direct costs) $61,760 Other Expenses Laboratory Testing $950 Field Equipment $500 Subcontracted Drilling $6,300 Subcontracted CPTs $5,800 Subtotal(indirect costs) $13,550 Total Estimated Costs $75,310 File No. December m NGINBFR5 December 15,2010 .wf EXHIBIT B-2 FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES DESIMONE LEVEES(TUKWILA) GREEN RIVER, FROM RIVER MILE 15.5 TO 14.25 FILE NO. 0410-176-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 30 x $160 = $4,800 Project Engineer 1(Lyle Stone) 135 x $145 = $19,575 Engineer/Scientist 3(WhitneyTrent) 20 x $128 = $2,560 Engineer/Scientist 2(Mackenzie Hanks) 150 x $112 = $16,800 Engineer/Scientist 1(Craig Jordan) 30 x $95 = $2,850 CAD Designer 20 x $85 = $1,700 Support 30 x $75 = $2,250 Subtotal Personnel Cost(direct costs) $50,535 Other Expenses Laboratory Testing $500 Field Equipment $500 Subcontracted Drilling $3,700 Subcontracted CPTs $4,300 Subcontracted Traffic Control $1,000 Subtotal(indirect costs) $10,000 Total Estimated Costs $60,535 File No. December m NGINEFR5 December 15,2010 .wf EXHIBIT B-3 FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES DESIMONE/CATERPILLAR LEVEES(TUKWILA) GREEN RIVER, FROM RIVER MILE 14.25 TO 13.5 FILE NO. 0410-176-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 10 x $160 = $1,600 Project Engineer 1(Lyle Stone) 50 x $145 = $7,250 Engineer/Scientist 3(WhitneyTrent) 10 x $128 = $1,280 Engineer/Scientist 2(Mackenzie Hanks) 50 x $112 = $5,600 Engineer/Scientist 1(Craig Jordan) 10 x $95 = $950 CAD Designer 10 x $85 = $850 Support 10 x $75 = $750 Subtotal Personnel Cost(direct costs) $18,280 Other Expenses Field Equipment $500 Subcontracted CPTs $2,300 Subcontracted Traffic Control $1,500 Subtotal(indirect costs) $4,300 Total Estimated Costs $22,580 File No. December m NGINEFR5 December 15,2010 .wf Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7N 1. SUBJECT: NORTHWEST HYDRAULIC CONSULTANTS, BRISCOE & DESIMONE LEVEES HYDRAULIC ANALYSIS CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. to perform Hydraulic Analysis for Certification of the Briscoe and Desimone Levees in an amount not to exceed $69,827, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The levee project is 2.7 river miles in length and is adjacent to warehouses, Briscoe Park, and West Valley Highway. An Interlocal Agreement will be developed with Tukwila to complete necessary improvements to protect areas along the City limit. This contract is budgeted and will be paid through the stormwater utility. 3. EXHIBITS: Public Works Memorandum dated 12/21/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 21, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 3, 2011 From: Ken Langholz, Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Northwest Hydraulic Consultants (NHC) for Hydraulic Analysis - Certification of the Desimone and Briscoe Levees Item - 11 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants to perform hydraulic analysis for certification of the Desimone and Briscoe Levees in an amount not to exceed $69,827.00, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This contract will provide the hydraulic analysis and flood plain modeling and mapping required for the City to submit a Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) for the levee section on the right bank of the Green River between S. 200th St. and S. 180th St. This section is known as the Desimone and Briscoe levees. The levee project is 2.7 river miles in length and is adjacent to warehouses, Briscoe Park, and West Valley Highway. The Desimone levee is within the Tukwila city limits. An Interlocal Agreement will be developed with Tukwila to complete necessary improvements to protect areas along the north of the City limit. Budget Impact: This contract will be paid through the stormwater utility. ICE 0 T CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants® Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Rd., Suite 350, Seattle, WA 98188, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (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 hydraulic analysis for potential Green River Levee Certification of Briscoe-Desimone Levee. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Nine Thousand, Eight Hundred Twenty Seven Dollars ($69,827.00) 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. . DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: BY: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Timothy J. LaPorte, P.E. Northwest Hydraulic Consultants, Inc. City of Kent 16300 Christensen Rd., Suite 350 220 Fourth Avenue South Seattle, WA 98188 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department NHC-Briscoe-oesimone/Lan,h.k CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT SCOPE OF WORT( Hydraulic Analysis For Potential Green River Levee Certification Of Briscoe-Desimone Levee Segment DESCRIPTION OF WORK / PROJECT OBJECTIVES The objective of this contract is for Northwest Hydraulic Consultants, Inc. (NHC) to evaluate the channel and overbank hydraulic conditions resulting from the east (right bank) levees from River Mile (RM) 13,5 to 17.0 providing 100-year flood protection. This comprises three levee segments: 1) Briscoe (RM 17.0 to 15.5) 2) Desimone (RM 15.5 to 14.25) and 3) Desimone/Caterpillar(RM 14.25 to 13.5). The Briscoe levee is within the city of Kent and the two Desimone segments are within the city of Tukwila. NHC will use an existing FLO-21D model to evaluate the channel and overbank hydraulic conditions. NHC developed this model previously for King County's appeal of the FEMA floodplain mapping of the Green River. NHC will also determine the necessary hydraulic parameters required for the geotechnical analysis to be conducted by others. NHC's work is part of the City's Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) submittal. TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Task 1 — Bathymetric Survey NHC will perform a Bathymetric survey of the Green River in the project reach in order to define bathymetry along outer bends and downstream of where the existing City of Kent's existing bathymetric survey ends (upstream of 180' St) . The data will be used in the evaluation of bend and long term scour risk in the project reach (see Task 4). This survey will reoccupy approximately ten of the FEMA HIS cross-sections in order to estimate rates of aggradation or degradation . Additional data points will also be surveyed along the levees in the outer bank of meander bends for use in scour calculations. Task 2 — Floodplain Modeling and (Napping NHC will model the proposed Desimone and Briscoe levees providing 100-year flood protection. (in the FEMA study, these levees were required to be modeled as failed and not provide flood protection). NHC will model this scenario by modifying the FLO-21D model previously developed by NHC for King County's appeal of the FEMA Green River floodplain mapping This levee segment is unique in the Lower Green River in that there is an overbank floodway delineated that conveys flaw to Springbrook Creek. Based on prior hydraulic modeling, it is unlikely redelineation of the floodway within the leveed river corridor will be possible if standard FEMA floodway guidelines are used, NHC will conduct a phased approach to the floodway issue. a) NHC will pursue discussions with FEMA staff about the possibility of re-mapping the floodway within the leveed river corridor without conducting a standard hydraulic analysis. NHC will conduct preliminary hydraulic modeling to support this effort. 1 b) If FEMA does not allow approach A, NHC will conduct a standard floodway hydraulic analysis using Flo-21D. A new floodway will be delineated meeting all FEMA standards assuming the levee segment is certified. The redelineation will likely remove areas currently in floodway near the proposed certified levee segment, but may add substantial new developed areas to floodway up and downstream. The 100-year floodplain boundary will then be remapped for the portions of the Green River that change due to the levees providing certified 100-year flood protection. The mapping will be to the same standard used for King County's appeal of the FEMA mapping. Task 3 — Interior Drainage Analysis It is assumed that no interior drainage analysis is required for this levee segment based on initial discussions with the City of Kent. Task 4 — Hydraulic Analysis in Support of Geotechnical Work NHC will conduct hydraulic analysis to generate the geotechnical data needed by GeoEngineers. This will include determination of: mean annual water levels; drawdown rates; in-channel velocities; local, bend and reach scour; and suitability of vegetation as levee cover material. Task 5 — Reporting NHC will prepare a memorandum documenting methods and results of the analysis in a format suitable for inclusion in a CLOMR application. NHC will produce a revised floodplain workmap showing the modified floodplains from Task 2. NHC will complete portions of the MT-2 form relevant to its work. The form will be signed by others. Deliverables: NHC will provide the following deliverables to the City. Deliverables will be provided in a format suitable for inclusion in the City's CLOMR submittal to FEMA. ® A report describing methods and results of all hydraulic analysis performed. ® Digital versions of effective and revised FLO-2D models and the digital model output data used in the analysis. • Revised floodplain mapping (in digital format) showing inundation areas, flood zones and floodway. ® Digital files of bathymetric survey data. Task 6 -- CoordinationlProject Management/ Post Submittal Review Support NHC (Vaughn Collins) and Larry Karpack will attend up to 6 meetings with the City of Kent, FEMA, GeoEngineers or others for project coordination and review priorto CLOMR submittal. NHC and Mr. Karpack will provide post submittal support as needed in addressing reviewers questions and comments. This is anticipated to include revising both reports and mapping products. 2 BILLING The project site is divided into three portions for budgeting and organizational purposes. These portions are: 1) Briscoe (RM 17.0 to 15.5) 2) Desimone (RM 15.5 to 14.25) and 3) Desimone/Caterpillar(RM 14.25 to 13.5). The Briscoe and Desimone segments will be analyzed together but billed separately; the Tukwila/Caterpillar portion may or may not be included in the final analysis depending on further consultation with the City; work on this segment will be billed with the Desimone segment. STAFF, SUHC®NSULTANTS AND COORDINATION WITH ®TITERS The Principal-in-Charge will be Mr. Todd Bennett. Mr. Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson will serve as engineer. NHC will subcontract with Mr. Larry Karpack of Watershed Science & Engineering (WSE) to provide engineering support and review of products. Mr. Karpack will attend key meetings with the City as needed. NHC will coordinate with GeoEngineers in scheduling and delivery of products needed for geotechnical analysis. SCHEDULE NHC anticipates Notice to Proceed (NTP) on or about January 24, 2011. The City of Kent has requested that draft reports be submitted by April 15, 2011. NHC will schedule bathymetric survey upon receiving notice to proceed and anticipates this will be accomplished within two weeks. Task 4 deliverables -a scour analysis and other data needed for geotechnical analysis -will be completed approximately five weeks after NTP and draft results delivered to GeoEngineers. NHC will coordinate with GeoEngineers and the City of Kent throughout the project on scheduling of deliverables. Floodplain mapping tasks will be initiated concurrently with bathymetric survey. The greatest uncertainty in schedule relates to floodway discussions with FEMA. These discussions will be initiated upon NTP but the time required to reach a decision and outcome are uncertain. Submittal of draft flood inundation maps without floodway revisions will occur by April 15. If guidance from FEMA and the cities of Kent and Tukwila can be obtained reasonably quickly a full floodway analysis and mapping can also be completed by the April 15 draft report deadline. Depending on the status of discussions with FEMA, NHC will coordinate with the City of Kent regarding appropriate delivery dates for draft and final foodplain mapping products. Final reports will be submitted within two weeks of receipt of final comments from the City. 3 Northwest Hydraulic Consultants Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle,WA 98188-3418 Project: Briscoe-Desimone Levee Certification Tel. (206)241-6000 Date: December28, 2010 Fax (206)439-2420 Project#: Prepared By: Vaughn Collins TASK DESCRIPTION Sr. Jr. Totals PriftSinl Engineer Engineer Engineer Tech. Clerical 1.0-Bathymetdc Survey Field Work 12 16 $3,736 '.. Data Processing 8 $844 j Total= $4,579 2.0-Floodplain Modeling and Mapping FIo2D Levee Modeling 4 16 $2,370 FIo2D Floodway Modeling 8 16 16 $5,067 QA/QC 4 8 $2,287 Tote= $9,724 '.. 3.0-Interior_Drainage Analysis SO Tote= $0 4.0-Hydraulic Analysis in support of Geotechnical Work 2 16 16 $4,879 Total= $4,879 5.0-Reporting and Mapping Reporting 4 16 16 8 $5,979 Mapping 4 24 40 60 S18,409 Total= $24,468 6.0-CoordinationlProject Management Project ManagementlCourdinalion 8 4 $1,6B5 Meetings 32 $5,453 Post Submittal Redew Support 24 24 $6,628 '.. Total= $73,776 Total Hours 1 14.0 1 152.0 1 56.0 1 192.0 1 0.0 1 12.0 Rates 1 $230.45 1 $170,71 1 $126.86 1 $105,45 1 $86.54 T 579.84 ',. TOTAL LABOR COST(NHC - S57,427 Direct Ex ense Detail Units Rate Cast Subconsultants: - '... Larry Karpack ':' 60 _190.OD $ 11,400 Reproduction, Couriers 8 Communication 1 $ 100 Bathymetdc Surrey Equipment _ 1. 9oo'S 900 Cost Surnmary Total Labor $ 57.427 '.. Total Direct Expenses S 12.400 TOTAL COST $ 69,827 '... 2 EXHIBIT INSURANCE U E E T FOR CONSULTANT SERVICES EE E T Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 70 1. SUBJECT: EAST HILL OPERATIONS CENTER PHASE II — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the East Hill Operations Center — Phase II project as complete and release retainage to Shoreline Construction Company, upon standard releases from the state and release of any liens. The original contract amount was $1,964,027.59. The final contract amount was $1,704,801.06 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7P 1. SUBJECT: PUBLIC DISPLAY OF FIREWORKS ORDINANCE — ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Chapter 13.05 of the Kent City Code by authorizing the fire marshal to issue permits for public display of fireworks for cultural events and for Kent's annual tree lighting ceremony, and adding a new section 13.05.070, entitled "Permit for the Use of Firecrackers, Salutes, and Chasers," in order to be consistent with state law. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 13.05 of the Kent City Code, entitled, "Public Display of Fireworks," adding cultural events to the list of public display of fireworks and adding a new section 13.05.070, entitled, "Permit for the use of firecrackers, salutes, and chasers," in order to be consistent with state law. RECITALS A. Currently, KCC 13.05.030 allows individuals to apply for a permit in order to discharge fireworks as part of a public display. Kent's fire marshal often receives permit requests for fireworks to be displayed at certain cultural events. The fire marshal has proposed amending KCC 13.05.030 to add cultural events to the list of events the fire marshal may grant, deny, or grant with reasonable conditions a permit for public display of fireworks. B. There is no provision currently in Chapter 13.05 allowing the city to issue permits to organizations for the use of firecrackers, salutes, and chasers for cultural events. C. The city's fire marshal desires to amend the current provisions of the KCC adding cultural events and Kent's annual tree 1 Public Display of Fireworks Amend Ch. 13.05 lighting ceremony to the list of events that may apply for permits for the public display of fireworks, and also desires to adopt a new section 13.05.070 permitting the use of firecrackers, salutes, and chasers for cultural events. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 13.05.030 of the Kent City Code is amended as follows: Sec. 13.05.030. Public display of fireworks. A. The fire marshal is authorized, pursuant to RCW 70.77.280, to issue a permit for a public display of fireworks. After review and investigation of an application for a permit, the fire marshal may grant, deny, or grant with reasonable conditions a permit for a public display of fireworks; provided, however, that any such permit shall only be issued for the discharge of fireworks between the hours of 9:00 a.m. and 11:00 p.m.: 1. On the fourth of July for fourth of July ceremonies; 2. For high school events of a state-certified public or private high school; provided, that such events are officially sanctioned by the governing body of such high school; er 3. For wedding ceremonies-1 4. For cultural events; or 5. For Kent's annual tree lighting ceremony. B. The issuance of a permit for a public display of fireworks for a time or purpose different than stated herein is not permitted unless approved 2 Public Display of Fireworks Amend Ch. 13.05 by the city council following consideration of the review, investigation and recommendation of the fire marshal. SECTION 2. - Amendment. Chapter 13.05 of the Kent City Code is amended to add a new section 13.05.070, entitled "Permit for the use of firecrackers, salutes, and chasers," as follows: Sec. 13.05.070. Permit for the use of firecrackers, salutes, and chasers. The fire marshal is authorized, pursuant to RCW 70.77.255, to issue a permit for the use of firecrackers, salutes, and chasers, as defined in Section 212-17-040 Washington Administrative Code; provided that the fireworks were purchased from a licensed manufacturer, importer or wholesaler; are for use on prescribed dates and locations; and are for religious or specific purposes. After review of an application for a permit, the fire marshal may grant, deny, or grant with reasonable conditions a permit for the use of firecrackers, salutes and chasers; provided, however, that any such permit shall only be issued for the discharge of fireworks between the hours of 9:00 a.m. and 11:00 p.m. No fee shall be assessed for the permit. SECTION 3. - Savings. The existing chapter 13.05 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. - SeverabilitY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are 3 Public Display of Fireworks Amend Ch. 13.05 authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of 2011. PUBLISHED: day of 2011. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civi1\0rdinance\13 05 030 Fireworks-Add CulWral Events FINAL.docx 4 Public Display of Fireworks Amend Ch. 13.05 Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 70 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION AWARD — ACCEPT 2. SUMMARY STATEMENT: Accept the grant award from the Washington Traffic Safety Commission in the amount of $16,800, establish the budget, authorize expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary grant documents, to be used to purchase five flashing beacon assemblies for three Elementary school zones. The selected elementary schools are East Hill, Glenridge and Springbrook. Funding is on a reimbursement basis. 3. EXHIBITS: WTSC Award letter dated 12/3/10 4. RECOMMENDED BY: Public Safety Committee 1/11/11 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Yy , S II W'V.II I,,. A 11 VVW'SI III YM i I A,,, 1PQ VVA II III QGs 011l4 �I '+WWII II C SAIII II � V i"0IIAIIVU" SII0II^d PO Bro� 40944, u:ntly adl0, 0JashhxpP'r,rn 9850 -0944, (360) J a3-qa6 'i9/' December 3, 2010 Ms. Debra LeRoy Research and Development Analyst Kent Police Department 220 4th Avenue South Kent, WA 98032 RE: School Zone Flashing Beacon/Lighting Project Dear Ms. LeRoy: On behalf of the Washington Traffic Safety Commission (WTSC), I am pleased to inform you that funding for School Zone Flashing Lights in the amount of$16,800.00 is approved for the following schools: East Hill Elementary School $5,600.00 Glenridge Elementary School $5,600.00 Springbrook Elementary School $5,600.00 Your project(s) must begin within 60 days after receipt of this letter and must be completed no later than April 30, 2011 . PLEASE NOTE: You may obligate funds for this project immediately upon receipt of this letter. Reporting Requirements Your agency is responsible to fulfill the reporting requirements as outlined in the signed agreement, including submitting requests for reimbursement and final reports, in a timely manner. Final reimbursement requests must be received by the WTSC no later than 30 days after the completion of your project(s) or you will not receive reimbursement. ➢ Verification that the lighting systems are installed is required prior to our processing of any request for reimbursement. (Please provide a digital picture or similar documentation of the system in place with your request for reimbursement.) A final report shall be submitted within one year of installation detailing the impact of this project within the school zone, and should include if the goals outlined in your original proposal were achieved. The speed data collected for the final report should be consistent with the conditions existing during baseline data collection. One year of post installation collision data should be included as well. Failure to submit reimbursement requests or to file the required final report could lead to termination of the project agreement, and forfeiture of reimbursement. I have detailed the order/reimbursement procedure below: 1 . Your agency must order/purchase the item(s) granted and be billed for the equipment or goods and services. 2. Upon receipt of the vendor billing, your agency must submit for the reimbursement using the enclosed Invoice Voucher, A-19-1A Form. Submit the voucher and duplicate copy of your vendor-billing invoice to WTSC for reimbursement. Please note that we cannot accept a FAX. We must have your agency identified as the Claimant, a Federal Tax ID Number and original signature of the agency head, command officer or contracting officer on the A-19 form. 3. Upon receipt of the above, your agency/jurisdiction will be reimbursed. If you have any questions or concerns regarding your project, please contact me at (360) 725-9896, or e-mail bjones@wtsc.wa.gov. We look forward to working with you on this project and thank you for your commitment to making our school zones safer. Sincerely, Brian Jones Program Director Enclosure BJ:kd SCHOOL ZONE - FLASHING, LIGHTS PROPOSAL � , Advertising Procedures This proposal is being sent to a statewide list of prospective constituents. WTSC RFP Coordinator Mr. Brian Jones, Program Director Washington Traffic Safety Commission PO Box 40944 Olympia, WA 98504-0944 Phone: 360.725.9896 FAX: 360.586.6489 Email: bjones@wtsc.wa.gov Section 1 Authorization Applicant agency/organization: _Kent Police Department Name of school/school district: Various schools/Kent School District Applicant project director: Debra LeRoy Research and Development Analyst Name Title 220 4`h Avenue South Kent WA 98032 dleroyC�ci kent wa.us 253-856-5856 Address E-mail Telephone Applicant agency/organization authorizing official (person with contracting authority if different than above): Mike Painter Deputy Chief Name Title mpainter(o)ci kent.wa.us 253-856-5800 Address, if;dill e ent than E-mail Telephone signature Date WTSC.Use Only 'I, WTSC Program Manager: Brian Jones Planned Project Duration: From: December 1, 2010 To: April 30, 2011 Approved by Name: Lowell Porter Title: Director Signature: - Date: " Washington Traffic Safety Commission --------- Section 2 Description of Activity Problem Identification The City of Kent considers traffic safety in school zones a public safety priority. Kent School District Transportation Department staff meets regularly with city staff to prioritize safety improvements for school walking routes. Anticipated school drop off and pick up times; AM times PM Times East Hill, 9825 S 240th St, Kent 9: 10-9:40 3:20-3:50 Glenridge, 19405 120 Ave SE, Kent 9: 10-9:40 3:20-3:50 Springbrook, 20035 100th Ave SE, Kent 8:55-9:25 3:05-3:35 School Zone Speeds and Traffic Volume (Measured through automated traffic counter equipment in school zones during drop off and pick up times) Average Speed Traffic Volume Schools AM PM AM PM East Hill* 26.2 30.9 32 115 Glenridge 31.7 32 50 46 Springbrook 28.1 27 146 278 *The Transportation section of Public Works Engineering used an existing speed and volume study for from October 2007. Student behavior and school staff participation are temporarily changed due to a temporary roadway work zone on 100th Ave SE and construction on site (school remodel). Collision Data January 1, 2005 through October 31, 2010 School Zone Collision Data School Fatality Iniury Property Damage East Hill 0 27 59 Glenridge 0 0 0 Springbrook 0 2 3 Roadways The East Hill Elementary school zone is located along 100th Avenue SE. This is a two lane residential collector street with paved pedestrian paths/sidewalks on both sides and designated school crossings. There is a traffic signal on SE 240" St. at 100th Ave. SE. The regular speed limit on loot", south of SE 240th is 25MPH when the school speed zone is not in effect. The speed limit on SE 24oth Street is 35MPH. We propose to install an additional flashing beacon just south of SE 240th Street to slow motorists down as they turn onto 100th Avenue SE. The proposed Glenridge school zone requiring flashing beacons is located on SE 196th. This is a two lane residential collector arterial with double yellow centerline striping and a pedestrian path on the north side, delineated by an edge line. A designated school crossing exists on SE 196th at 120th Avenue SE. The posted speed limit on SE 196th St. is 25 MPH when the school speed zone is not in effect and 35MPH just outside of the school zone. Springbrook's proposed school zone for the flashing beacon installation is located on SE 200th Street, a two lane residential collector arterial with double yellow centerline striping and a five foot pedestrian path or sidewalk along both sides of the street. There is a designated school crossing on 200th Street at 100th Ave. SE. The speed limit is 25 MPH when the school speed zone is not in effect. Modes of Travel (November 2010 student daily surveys in most classes) School Enrollment Walked Biked Bus Car Transit Other Easthill 536 141 5 86 208 24 0 Glenridge 480 49 1 242 179 0 9 Springbrook 408 64 9 160 163 1 4 None of these schools have an all bus plan. General Information Each school's administration demonstrated good drop off/pick up planning and participation during observational studies of these school zones at pick up times in November 2010. Many parents drive to drop off and pick up their children at all three schools. Additional traffic engineering safety measures would encourage more students to walk and bike to school and increase their safety. Agency Qualifications The Kent Police Department has a long history of successfully completing WTSC grants and mini grant emphasis projects. The department traffic unit consists of seven officers and one sergeant. The Target Zero Task Force Manager is housed at the Kent Police Department and facilitates and coordinates partnerships with neighboring jurisdictions, including the King County Sheriffs Office and Washington State Patrol. The public education specialist assigned to pedestrian safety has substantial training on encouragement and education strategies to address pedestrian and bicyclist safety issues. The City's Public Works Department has adequate staff to install and maintain the school zone flashing beacon signs and gather/report relevant traffic data. Proilect Goal The goal of this project is to improve school zone traffic safety and eliminate traffic collisions in the proposed school zones. The objective is to reduce the average speeds through the identified school zones to the 20 MPH speed limit during school bell times through installation of the flashing beacon lighting systems. Project Activities This grant funding will purchase flashing yellow beacon/lighting systems for each of the proposed school zones. Debra LeRoy is the project manager. The school zone flashing beacons/signs will be installed by April 30, 2011. All invoices for equipment will be submitted to WTSC by July 31, 2011. A final report will be submitted to WTSC by April 30, 2012 documenting the impact of these additional traffic control tools in the school zones. Kent Police traffic officers will continue to patrol school zones at the start and end of the school day. The Traffic Sergeant will provide monthly anecdotal notes from traffic officers on motorist behaviors in the project's school zones during the project term to the Project Manager. Public Awareness and Education A press release will announce the grant to the community upon award notification. We will request news item on the school district website in addition to the city's electronic Scene E-newsletter. School staff, students and families will be informed through an article in the school's newsletter or a flyer sent home with each child. This will help enforce instruction already provided by the Kent Police & Fire Authority at an all school assembly at Glenridge for their school crossing guard program. Assemblies similar to last year's in selected schools will be provided to East Hill and Springbrook students to address pedestrian safety, car safety, and wheeled safety, including the proper use and fit of helmets by the Kent Police and Fire Authority. Project Evaluation Formal pre and post installation evaluations of the school zones will be conducted by the City of Kent Engineering and Police Departments to measure the success of the project. Portable traffic monitoring equipment will be deployed for pre and post evaluations of the school zones to document changes in traffic speed through the proposed school zones. Police staff will also conduct pre and post observational studies of these sites. Washington Traffic Safety Commission Section 3 Budget Summary Provide in brief narrative form, a budget summary of the project, including the applicants matching direct and indirect costs. i The Kent Police project will purchase five solar powered flasher assemblies for installation in the three proposed school zones. The East Hill school zone already has two existing flashers so only one additional flasher assembly is planned for this zone. Two flasher assemblies will be installed in the proposed school zone for Springbrook and Glenridge. Salaries and benefits of city staff for project planning, implementation and reporting are listed as a match. Safety handouts and flyers are provided through inkind contributions from community partners. Equipment installation and programming are also considered applicant matching funds. WTSC Share Applicant Matching Share (if applicable) 1. Salaries and Wages: $ 0 $3,029 Communication, evaluation and reporting: Public Ed Specialist @$30/hr x 20 hrs = $600 R&D Analyst @$34/hr x 10 hrs = $340 Traffic Engineer @ $60/hr x 20 hrs = $1,200 Traffic Engineering Specialist @ $39/hr x 15 hrs = $585 Traffic Signal Technician @ $38/hr x 8 hrs = $304 2. Employee Benefits $ 0 $960 Communication, evaluation and reporting: Public Ed @ $600 x 37% = $222 R&D @ $340 x 34% = $116 Traffic Engineer @$14.56 x 20 hrs = $291 Traffic Engineering Specialist @ $13.44 x 15 hrs = $202 Traffic Signal Technician @ $15.13 x 8 hrs = $129 3. Travel and Subsistence: $ 0 $0 4. Contractual Services: $ 0 $ 5. Equipment: (for 3 school zones) $ 16,800 $ (Up to $7500.00/school zone) 6. Goods and Services: $ 0 $7,250 Safety handouts and flyers @ $500 Equipment installation/maintenance $1,350 x 5 = $6,750 7. Total lines1-6 (Amount Requested from WTSC) $ 16,800 8. Total lines 1-6 (Amount provided by applicant) $11,239 Total Project Cost(Add lines 7 & 8): $28,039 II i Washington State Traffic Safety Commission Project Agreement Invoicing Requirements Due to state fiscal year closing on June 30 of each year, all invoices for goods received or services performed prior to June 30 need to be received by WTSC no later than July 31. If applicable, please make sure your accounting office is aware of the above cutoff dates. I have read and understand the above invoicing requirements. Applicant Signature 1,h,I Date � / /'O I I I I 9 PUBLIC WORKS ADMINISTRATION Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 '.. wns aina.oe PHONE: 253-856-5500 November 15, 2010 Brian Jones, Program Director Washington Traffic Safety Commission P.O. Box 40944 Olympia, WA 98504-0944 Dear Brian, The City of Kent Public Works Department supports the Kent Police Department's application for the School Zone - Flashing Lights Program funding. Both of our departments partner on traffic safety improvements throughout Kent. The City of Kent j also partners with the Kent School District Transportation Department to identify and address traffic safety concerns in school zones throughout the city. The Public Works and Police Departments worked together to install flashing beacons funded through previous grant awards in 2006 and 2007. The Traffic Engineering staff met with the Police Department and School District Transportation staff to prioritize elementary school zones in need of flashing beacons to slow motorists. Our collective goal is to create safe walking and biking environments for elementary school students. We concur with the proposed school zone sites that were selected for this proposal. Each of the Easthill, Glenridge and Springbrook school zones would benefit from these flashing beacons. The Public Works Department will ensure that the flashing beacons are installed by the April 30, 2011 deadline. I Si r7ely, im LaPorte Public Works Director y g/ PI\Public\Tlm\LtrBrl a No nesWATrofflcsafe.tyCommSchoolzoneFlash l ngLig h tsProg Fund ing.doc 3 0 MAYOR SuzETTr COOKE �m City of Kent Public Works Department POLICE ADMINISTRATION Steven D. Strachan Chief of Police 220 4`' Avenue South ® Kent, WA 98032 Fax: 253-856-6802 wnsH �roN PHONE: 253-856-5800 November 16, 2010 Mr. Brian Jones, Program Manager Washington Traffic Safety Commission PO Box 40944 Olympia, WA 98504-0944 Dear Brian, The Kent Police Department considers the safety of students, parents and teachers in school zones throughout the City of Kent a high priority. Kent traffic officers regularly conduct speed emphasis patrols in school zones at the start and end of the school day. The officers rotate among the zones to provide the visibility and enforcement necessary to make motorists more aware of the school zone speed limit. Kent Police Department traffic officers will continue to patrol school zones at the start and end of the school day. The officers will provide monthly anecdotal notes on motorists' behaviors in the project's Easthill, Glenridge and Springbrook school zones during the project term. Kent police officers will work with the Kent Police Community Education Unit (CEU) to identify safety education needs for students, parents and school staff. The CEU staff provides safety_education at start of school events and assemblies. Sincerely r h- Mike Painter Deputy Chief mpainte o ci kent wa us P Y C N Y U 3 0 MAYOR SUZETTE COOKe City of Kent Police Department- Nationally Accredited Police Agency Kent City Council Meeting Date January 18, 2011 Category Consent Calendar — 7R 1. SUBJECT: NEW CONNECTIONS OF SOUTH KING COUNTY CONSULTANT SERVICES AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with New Connections in the amount of $10,000 to provide Life Skills Workshops, case management for individual inmates and re-entry services for offenders upon their release, subject to final terms and conditions acceptable to the City Attorney. The agreement provides Life Skills Workshops for offenders supervised by the City of Kent Corrections Facility, case management for individual inmates, and re- entry services for offenders upon their release from jail. New Connections shall complete the work described in the agreement by December 31, 2011. The maximum amount to be paid under this agreement, based on time and materials, is $10,000. The agreement will be funded through an existing Bureau of Justice, Justice Assistance Grant with the Kent Police Department. 3. EXHIBITS: Consultant Services Agreement, Exhibit A and Scope of Work 4. RECOMMENDED BY: Public Safety Committee 1/11/11 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and New Connections of South King County THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and New Connections of South King County organized under the laws of the State of Washington, located and doing business at [412 West Titus Street, Kent, WA (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: Provide Life Skills workshops for offenders supervised by the City of Kent Corrections Facility, case management for individual inmates and reeentry services for offenders upon their release from jail. The scope of work is further defined in Exhibit A. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011, with possible contivation contingent upon availabe funding.. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $10,000 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 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: May Miller Debra LeRoy New Connections of South King County City of Kent 412 West Titus Street 220 Fourth Avenue South Kent, WA 98032-1208 Kent, WA 98032 253-856-9200 (telephone) (253) 856-5856 (telephone) 253-856-9210 (facsimile) (253) 856-6803 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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. Dated this day of 20 _. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK A. The Contractor's responsibilities include: 1. Program Administration a. Provide Life Skills Orientation workshops to inmates in the Kent Jail. This orientation will provide offenders with information covering available resources and treatment programs in the community. These 60 minute group classes will be offered as the first week of each four week series of Life Skills classes separately for each gender. The expected male class attendance is eight and female class attendance is four. b. Provide Motivational Life Skills classes to inmates in the Kent Jail two days per week for three weeks. The Life Skills classes include, but are not limited to instruction in communications, goal setting, problem solving, stress and anger management, employment skills and budgeting. Contractor shall survey students to customize each workshop series' content for each group. These weekly 60 minute group classes are offered separately for each gender. The expected class capacity including both genders is 12 clients per week. There shall be at least one week between each Life Skills class series. C. Contractor will perform and document student assessments of the Life Skills series. Provide project evaluator with access to raw data as necessary. d. Provide certificate of completion to inmates completing Life Skills classes e. Provide case management contacts each week with individual clients in the Kent Jail. This case management shall primarily be conducted in the Kent Jail to include, but not limited to assistance with: • Washington State Identification card or Driver license reinstatement assistance • Housing referrals • Drug, alcohol, domestic violence referrals • Referral to support groups • Clothing vouchers • Preparation for Ignition Interlock Program • Community service referrals EXHIBIT A SCOPE OF WORK PAGE 1 OF 4 • Employment support, may include resume writing and job hunting assistance (The primary focus of this case management is to prepare the offender for successful reentry to the community, including obtaining employment. Emphasis for assistance is placed on the offender obtaining a Washington Stated Identification card or reinstatement of driver's license.) 2. Records a. Contractor staff will maintain all class attendance records. b. The consultant must grant access to all data, reports, documents and records relating to the Bureau of Justice—Justice Assistance Grant project to the City and the Department of Justice or any other authorized representatives. C. The consultant must retain all records relating to this grant project for three years following the final grant payment to the grantee and contractor. d. Contractor staff will transport records to and from the class site,maintaining inmate client confidentiality. e. Contractor shall provide inmate client class and service registration forms including release of information language for program evaluation purposes. Kent Police Department(KPD) staff or research intern hired by KPD shall have access to all inmate client records at the Contractor's business address for program research and evaluation purposes only. 3. Quarterly Meetings The Contractor's representative will meet quarterly with the CKCF Administrator or designee to review the Life Skills instruction,case management and reentry services. 4. Monthly and Final Project Reports The Contractor will provide monthly statistical reports with monthly invoices. The final report is due by February 15, 2012. Reports need to provide demographic data to include gender, age and race. Data for these reports will include, but may not be limited to: a. Number of Kent Jail inmates contacted in orientation classes. b. Number of Kent Jail inmates enrolled in Life Skills classes. EXHIBIT A SCOPE OF WORK PAGE 2 OF 4 C. Number of Kent Jail inmates completing Life Skills classes. d. Number of Kent Jail inmates who dropped out of Life Skills classes. e. Number of Kent Jail inmates released from custody prior to completing Life Skills classes. f. Number of Kent Jail inmate clients contacted in jail individual case management sessions. g. Number and names of Kent Jail Life Skills class students utilizing New Connections once released from the CKCF. h. Number and names of Kent Jail offenders obtaining Washington State ID card or drivers license. 5. Contractor employees Contractor will run background checks on all employees and volunteers with access to inmates or their records in order to protect their confidentiality. All contractor employees or volunteers entering CKCF will provide picture identification to CKCF staff and be subject to a criminal history background check prior to entering the facility. B. The City's responsibilities include: 1. Provide a classroom with furnishings and security for group classes. A room will also be provided for individual follow-up support contacts. 2. The CKCF Administrator, or designee, will meet quarterly with the Contractor's representative to review the Life Skills instruction program. 3. Coordinate group class and individual follow-up support contact schedules with Contractor. EXHIBIT A SCOPE OF WORK PAGE 3 OF 4 Exhibit B Consultant Services Agreement between the City of Kent and New Connections of South King County Fee Schedule Summary of Services to provide to Kent]ail inmates Life Skills Workshops series of 4 weeks consisting of: Two orientation classes in first week Two Life Skills Workshops per week for three weeks Case management for individual inmate clients may be adjacent to Life Skills Workshops Continuation of case management for Kent]ail inmate clients at New Connections upon release from jail Data collection on Kent]ail inmates receiving above listed services Monthly fee for services $833.33 Contract Total $10,000.00 The above schedule lists the maximum monthly rate for services provided by this contract. Individual services and costs may be adjusted during the contract period only by mutual agreement of the contract parties. The Contractor may not bill for fees or costs exceeding the total contract amount of $10,000.00. EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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$1,000,000 each occurrence, $1,000,000 general aggregate and a 51,000,000 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either parry, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT C (Continued) 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 AN IL 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. CITY OF KENT LAW DEPARTMENT CIVIL DIVISION40 ' 220 4`h Avenue South ® Kent, WA 98032 KENT Fax: 253-856-6770 WASHINGTON PHONE: 253-856-5770 M %Affiq! M (r) To: Suzette Cooke, Mayor From: Steve Strachan, Chief of Police CC: Ken Thomas, Police Captain, Corrections and Support Services Date: September 17, 2010 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Expenditure of $10,000 funding from the FY2010 Edward Byrne Memorial Fund, Justice Assistance Grant i The City's Police Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for purchases between $10,000 and $50,000 for the City's contract with New Connections of South King County. Contracts in the amount of $10,000 - $50,000 require telephone or written bids under City of Kent Administrative Policy 1.1. This City policy requires that before the City can enter into a contract for materials, supplies, equipment, or non-professional or non-consultant services, the cost of which will be between $10,000 - $50,000, City staff must obtain at least 3 telephone or written quotes. However, because the services provided by New Connections of South King County are a single source of supply within Kent involving special services for inmates and recently released inmates in the Kent area, public bidding is neither practicable nor in the City's best interests. Therefore, the Police Department requests your approval to enter into direct negotiations with New Connections of South King County for reinstatement of Life Skills Workshops for City of Kent Corrections inmates and reentry services assistance including reinstatement of driver's licenses upon offenders' release from jail If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police Department requests that you indicate your approval by signing below. CITY OF KENT nett Coke, Mayor r te: ld'1r i / Kent City Council Meeting Date January 18, 2011 Category Other Business — 8A 1. SUBJECT: REGIONAL TRANSIT TASK FORCE RESOLUTION 2. SUMMARY STATEMENT: This Resolution relates to the City endorsing and supporting the King County Regional Transit Task force recommendations relating to a policy framework for potential growth or contraction of King County's transit system. The recommendations are included in the body of the resolution, and the full report can be accessed through www.kin acoun tyaov/transporta tion/TransitTaskForce/Documents.aspx 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Resolution No. endorsing and supporting the recommendations of the King County Regional Transit Task Force. DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, endorsing and supporting the King County Regional Transit Task Force recommendations relating to a policy framework for potential growth or contraction of King County's transit system. RECITALS A. The Puget Sound Regional Council developed the Vision 2040 and Transportation 2040 plans for long-term growth and mobility in the region. These plans project a 42 percent increase in King County's population and a 57 percent increase in jobs from 2000 to 2040, with most of this growth occurring in the county's 12 largest cities. The plans call for aggressive strategies to expand transit services to support that growth. B. As a result of the severe recession and precipitous decline in economic activity since 2008, sales tax receipts dramatically decreased, negatively impacting Metro's operating revenue. Based on Metro's revenue forecast through 2015, transit service reductions will likely be necessary beginning in 2011. C. In February 2010, the King County Council and King County Executive formed the Regional Transit Task Force to consider a policy 1 Regional Transit Task Force Resolution framework for the potential future growth or contraction of King County's transit system. D. The twenty eight task force members, representing a broad diversity of interests and perspectives, met from March through October 2010 and considered six key transit system design factors: land use, social equity and environmental justice, financial sustainability, geographic equity, economic development, productivity and efficiency, and environmental sustainability. E. King County Metro Transit ("Metro") is the provider of regional and local bus service within the City and connects the City to other regional centers. South King County has some of the largest populations dependent on transit for mobility and has few other transportation options. Metro operates bus routes traveling to and through Kent carrying over seven million passengers per year. F. Kent is the third largest city in King County and has absorbed increasing density over the last decade, making many parts of Kent ideal for high ridership and cost-efficient transit service. Kent's 4,500 employers daily rely on Metro to deliver workers to job centers. The economy and quality of life in Kent are dependent upon clearly articulated transportation plans consistent with the Puget Sound Regional Council's transportation plans and Kent's longstanding commitment to protect and enhance Kent's neighborhoods. G. The Kent City Council Strategic Goal to improve transportation connectedness will be enhanced by convenient and frequent multimodal connections with regional transit agency partners. The City of Kent is strongly committed to supporting regional transportation plans that address existing and future growth in population, jobs and travel demand. 2 Regional Transit Task Force Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recommendations. The City of Kent Council supports the following recommendations presented by the Regional Transit Task Force: Recommendation 1: Metro should create and adopt a new set of performance measures by service type, and report at least annually on the agency's performance on these measures. The performance measures should incorporate reporting on the key system design factors, and should include comparisons with Metro's peer transit agencies. Recommendation 2: King County and Metro management must control all of the agency's operating expenses to provide a cost structure that is sustainable over time. Cost-control strategies should include continued implementation of the 2009 performance audit findings, exploration of alternative service delivery models, and potential reduction of overhead and internal service charges. Recommendation 3: The policy guidance for making service reduction and service growth decisions should be based on the following priorities: 1) Emphasize productivity due to its linkage to economic development, land use, financial sustainability, and environmental sustainability 2) Ensure social equity 3) Provide geographic value throughout the county 3 Regional Transit Task Force Resolution Recommendation 4: Create clear and transparent guidelines to be used for making service allocation decisions, based upon the recommended policy direction. Recommendation 5: Use the following principles to provide direction for the development of service guidelines. Transparency, clarity and measurability Use of the system design factors Flexibility to address dynamic financial conditions Integration with the regional transportation system Development of performance thresholds as the basis for decision-making on network changes Recommendation 6: King County, Metro, and a broad coalition of community and business interests should pursue state legislation to create additional revenue sources that would provide a long-term, more sustainable base of revenue support for transit services. To build support for that work, it is essential that King County adopt and implement the task force recommendations, including use of the service guidelines and performance measures, and continue efforts to reduce Metro's operating costs. Recommendation 7: Metro staff should use the task force recommendations and discussions as the framework for revising Metro's current mission statement, and creating a vision statement (as one does not now exist). Both draft statements should be included in the draft Comprehensive and Strategic Plans scheduled to be submitted to the County Council in February 2011. 4 Regional Transit Task Force Resolution SECTION 2, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3, - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2011. CONCURRED in by the Mayor of the City of Kent this day of 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 5 Regional Transit Task Force Resolution APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 2011. BRENDA JACOBER, CITY CLERK P:\Civil\I solution\I gional Tmnsit.docx 6 Regional Transit Task Force Resolution Kent City Council Meeting Date January 18, 2011 Category Other Business — 8B 1. SUBJECT: CITY OF KENT 2011 LEGISLATIVE AGENDA TOP PRIORITIES 2. SUMMARY STATEMENT: The City needs to communicate to elected and appointed officials the position of the Kent City Council on the legislative priorities of the community. The State Legislative Agenda provides an overview of the those items of top concern for the City of Kent. A formally adopted State Legislative Agenda would provide clear guidance and direction to staff, repre- sentatives, and advocates of our community in the legislative process. 3. EXHIBITS: Memorandum dated 1/18/11 and 2011 State Legislative Agenda 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the City of Kent 2011 State Legislative Agenda — Top Priorities. DISCUSSION: ACTION: OFFICE OF THE MAYOR Suzzette Cooke, Mayor • Phone: 253-856-5700 KEN T Fax:Fourth Avenue S. Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 Date: January 18, 2011 To: Kent City Council Operations Committee From: Michelle Witham, Communications & Public Affairs Manager Through: John M. Hodgson, Chief Administrative Officer Subject: City of Kent 2011 State Legislative Agenda - Top Priorities - Adopt MOTION: Recommend the City Council adopt the City of Kent 2011 State Legislative Agenda - Top Priorities and move directly to tonight's City Council meeting under Other Business. SUMMARY: The 2011 Regular Session of the Washington State Legislature convened on January 10, 2011. During this session, it is expected the Legislature will discuss and decide many significant issues that directly impact residents and businesses in Kent, their local government, and their quality of life. The City needs to communicate to elected and appointed officials the position of the Kent City Council on the legislative priorities of the community. The State Legislative Agenda provides an overview of the those items of top concern for the City of Kent. A formally adopted State Legislative Agenda would provide clear guidance and direction to staff, representatives, and advocates of our community in the legislative process. EXHIBITS: Copy of the City of Kent 2011 State Legislative Agenda - Top Priorities BUDGET IMPACT: No OFFICE OF THE MAYOR Suzette Cooke, Mayor .. _ 220 4th Avenue South 00 ' Kent, WA 98032 �0' i T Fax: 253-856-6700 WP111H 11 PHONE: 253-856-5700 City of Kent — 2011 State Legislative Agenda — Top Priorities Flood Control Pursue funding for certification of levees along Green River The flood risk from the Howard Hanson Dam has subsided from a year ago, but the work of improving and certifying levees along the Green River is just as critical to safeguarding Kent from possible flooding. Certification also is vital to minimize flood plain designations, reduce flood insurance costs, and ensure businesses can grow within the nation's fourth largest warehouse distribution center. This levee certification work will take years and cost several hundred million dollars. Kent Renton Tukwila, Auburn, and King County have asked the state for a 10-year, $150 million package of assistance, and have accepted a Governor's Office invitation to apply for $30 million in capital funding in the 2011-13 budget. Protect the King County Flood Control District from the property tax levy lid The King County Flood Control District helps Valley communities with flood control and levee work along the Green River. The District's 2011 funding is in question due to a phenomenon known as "levy suppression." With declining property values causing property tax "millage rates" to rise, the combined property taxing districts in King County are very close to bumping up against the $5.90/$1,000 property tax limitation in state statute, thus imperiling the funding for the Flood Control District, the most junior taxing district in the county. King-County-Mill lead an effort to provide temporary relief for the Flood Control District and Kent will support this effort. Fiscal Issues Protect Streamlined Sales Tax (SST) "full mitigation" payments, and attempt to recoup a $600,000 SST mitigation under-payment: Kent absorbed significant negative impacts from 2007 legislation that changed local sales tax "sourcing" from an origin-based model to destination-based. The 2007 legislation included a fundamental promise of "full mitigation" that must be kept, even with current budget challenges. Additionally, the Department of Revenue discovered flaws in the 2009-10 mitigation payment process, resulting in certain cities being underpaid and others overpaid. Kent has documented $600,000 in SST mitigation funds that it should have been paid. A top City priority is to maintain the full mitigation program that provides the City with approximately $5 million annually. Kent also will see if there is a way o work with area legislators on a budget proviso for the $600,000 SST j mitigation under-payment. Protect annexation incentive sales tax credit funds To offset the costs of major annexations, the state enacted a sales tax credit program for cities in King, Pierce, and Snohomish Counties. The sales tax credit will help offset approximately $5 million/year of the costs incurred by Kent to annex the Panther Lake area and its 24,000 3 residents. Kent and other cities would not be able to take these annexations on without the v credit program and will work to ensure it is kept intact. Y U 3 3 3 0 MAYOR SUZETTE COOKE Infrastructure & Economic Development Urge recapitalization of Public Works Trust Fund (PWTF): In 2009, the Legislature "swept" money out of the PWTF to help resolve a $9 billion Operating Budget shortfall. If the PWTF is not recapitalized in the 2011-13 Capital Budget, a $10 million loan recommended for Kent might not be awarded. The low-interest loan is to help Kent pay its share of a water filtration system being constructed for a regional water-supply network managed by Tacoma Public Utilities. Without the loan, Kent would be forced to bond an additional $9 million of its costs, forcing an increase in its water utility rates. Kent will join with others to recapitalize the PWTF program funding in the 2011-13 capital budget. Pursue Maintenance and Operations (M&O) funding for Showare Center If the Legislature moves forward with a bill to extend and "re-purpose" a series of King County- only taxes first established to finance the cost of Safeco and Qwest Fields, fairness and equity should be considered in funding significant capital facilities which draw tourism and contribute to economic development. Kent will work to ensure that, just as M&O funding for the Seattle Mariners and Safeco Field is on the list of"purposes," Showare Center should also be included. Transportation Investment Kent has joined with a multi-stakeholder "Transportation Partnership"group that will push for new investment in the transportation system as a key not only to capacity and mobility of people and goods, but also as a critical job creation strategy. For any transportation package in the Legislature, there are several key components for Kent: • Continued tolling studies and right-of-way work for Interstate 5/State Route 509 project — including connection to 228ih Street: This project would do more for I-5 mobility in Central Puget Sound than any other one on the Washington State Department of Transportation list. With a direct connection at 228`h, an estimated 1/3 d of all truck traffic coming from the airport and seaport areas will be diverted from 1-5 and make direct connections to the Green River Valley distribution center. An initial tolling feasibility study for I-5/SR-509 has shown that tolling revenue could significantly drive down the overall financing cost of this project. Now a more detailed stud needed. • Pursue improvements for State Route 167/State Route 516 Interchange: Kent successfully worked with legislators to obtain corridor study funds in 2010 to examine how to improve the SR-167/SR-516 interchange. With continued growth in downtown Kent,_and upcoming freight improvements on Willis Street (SR-516) a modernized interchange at 167/516 will be critical in the near future. • Retain existing Freight Mobility funding: Kent is bisected by the Burlington Northern/Santa Fe and Union Pacific Railroads, which carry six-dozen freight trains per day through the Valley and result in up to two hours per day of train-track-crossing closures that gridlock local traffic. Kent has previously been awarded freight mobility funds for grade separations to address the train-vehicle conflicts, and it is critical that these funds be retained Also, additional investment in freight corridors needs to be a part of any revenue package. • Pursue local funding distribution/local options: Any transportation package needs to include direct funding distributions to cities as well as transportation funding options that cities can tailor to specific needs. 2 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KENT WASHINGTON OPERATIONS COMMITTEE MINUTES December 7, 2010 Committee Members Present: Debbie Raplee, Jamie Perry, Les Thomas (Chair). The meeting was called to order by L Thomas at 4:03 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 16, 2010 D Raplee moved to approve the Operations Committee minutes dated November 16, 2010. ] Perry seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED OCTOBER 31, 2010 R Raplee moved to approve the vouchers dated October 31, 2010. ] Perry seconded the motion, which passed 3-0. 3. AUTHORIZE THE MAYOR TO SIGN THE GOVERNMENT RELATIONS CONSULTING SERVICES AGREEMENT FOR 2011 WITH OUTCOMES BY LEVY, IN THE AMOUNT OF $66,000.00 PER YEAR, PLUS AGREED UPON EXPENSES, AND UPON REVIEW BY THE CITY ATTORNEY. Doug Levy of Outcomes by Levy, has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. Michelle Witham, Community and Public Affairs, noted Doug's accomplishments include a $10 million appropriation for the city in 2009. Doug has not had an increase in the last three years. ] Perry moved to authorize the Mayor to sign the government relations consulting services agreement for 2011 with Outcomes by Levy, in the amount of $66,000.00 per year, plus agreed upon expenses, and upon review by the City Attorney. D Raplee seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND THAT COUNCIL AUTHORIZE THE MAYOR TO SIGN THE POLICE SERVICES AGREEMENT AND ESTABLISH THE BUDGET. The Police Services Agreement between the Kent Police Department and the Kent School District for 2010-2011 will provide a Kent Police Lieutenant or higher (Director), to the District for the purpose of assisting with communication and logistics between the two organizations that relates to school safety. Lieutenant Pat Lowry is the assigned officer. D Raplee moved to recommend that Council authorize the Mayor to sign the Police Services Agreement and establish the budget. ] Perry seconded the motion, which passed 3-0. Operations Committee Minutes December 7, 2010 Page: 2 S. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH CARL WARREN & CO. TO PROVIDE LIABILITY CLAIMS THIRD-PARTY ADMINISTRATION SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $50,000, SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE RISK MANAGER AND CITY ATTORNEY. Chris Hills, Risk Manager, distributed copies of the contract signed by the consultant (attached). The contract is for third the party administrator for City's liability program for 2011. The administrator processes claims for damages received by the city. Original estimated cost was $75,000. J Perry recommended Council authorize the Mayor to sign an agreement with Carl Warren &Co. to provide liability claims third-party administration services for an annual amount not to exceed $50,000, subject to final terms and conditions acceptable to the Risk Manager and City Attorney. D Raplee seconded the motion which passed 3-0. 6. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO AUTHORIZE PURCHASE OF LIABILITY INSURANCE COVERAGE, SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE RISK MANAGER AND CITY ATTORNEY. This was first presented to the Operations Committee on November 16. To save money and increase liability coverage, the City of Kent gave notice to withdraw from the Washington Cities Insurance Authority Pool, effective 1/1/2011. Amount saving over this year's agreement is $280,000. D Raplee recommended Council authorize the Mayor to authorize purchase of liability insurance coverage, subject to final terms and conditions acceptable to the Risk Manager and City Attorney. J Perry seconded the motion, which passed 3-0. 7. I MOVE TO RECOMMEND THAT THE PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT FOR THE CITY'S SELF-INSURED HEALTH PLAN BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 14, 2010 MEETING SUBJECT TO APPROVAL OF FINAL TERMS AND CONDITIONS BY THE CITY ATTORNEY. The city is self-insured for this program and wires the weekly claims cost to Premera Blue Cross for our medical and prescription expenses. Approximately 94% of the City's employees are on the contract program. This is the third year of a three year agreement. The 2011 contract reflects a 5.5% increase in administrative fees by Premera Blue Cross. Overall the plan costs $11,000,000 and is budgeted in the health and welfare fund. J Perry moved to recommend that the Premera Blue Cross Administrative Services Contract for the city's self-insured health plan be placed on the City Council consent calendar for the December 14, 2010 meeting subject to approval of final terms and conditions by the City Attorney. D Raplee seconded the motion, which passed 3-0. Operations Committee Minutes December 7, 2010 Page: 3 S. I MOVE TO RECOMMEND THE 2011 GROUP HEALTH COOPERATIVE CONTRACT FOR THE CITY'S INSURED HMO PLAN BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 14, 2010 MEETING AUTHORIZING THE MAYOR TO SIGN THE CONTRACT SUBJECT TO APPROVAL OF FINAL TERMS AND CONDITIONS BY THE CITY ATTORNEY. Renewal of the Group Health Cooperative of Puget Sound contract for the City's insured health maintenance organization (HMO). Approximately 39 (6%) employees and their families are covered under the Group Health Cooperative plan. The 2011 contract reflects an approximate 11.2% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. D Raplee moved to recommend the 2011 Group Health Cooperative contract for the City's insured HMO plan be placed on the City Council consent calendar for the December 14, 2010 meeting authorizing the Mayor to sign the contract subject to approval of final terms and conditions by the City Attorney. J Perry seconded the motion, which passed 3-0. 9. I MOVE TO RECOMMEND THAT THE WASHINGTON DENTAL SERVICE (WDS) 2011 ADMINISTRATIVE SERVICES CONTRACT FOR THE CITY'S SELF- INSURED DENTAL PROGRAM BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 14, 2010 MEETING SUBJECT TO FINAL TERMS AND CONDITIONS OF THE CITY ATTORNEY. The city is self-insured for this program and wires the monthly claims cost to WDS for the dental expenses. All employees are covered under this plan. The 2011 contract reflects an approximate 5.5% increase in administrative fees for 2011. The overall projected cost is approximately $1,040,050 and is budgeted in the health and wellness fund. J Perry moved to recommend that the Washington Dental Service (WDS) 2011 Administrative Services contract for the city's self-insured dental program be placed on the City Council consent calendar for the December 14, 2010 meeting subject to final terms and conditions of the City Attorney. D Raplee seconded the motion, which passed 3-0. Operations Committee Minutes December 7, 2010 Page: 4 10. I RECOMMEND/DO NOT RECOMMEND UPDATING THE CAPITAL FACILITIES ELEMENT OF THE KENT COMPREHENSIVE PLAN AND CHAPTER 12.13 KENT CITY CODE TO INCORPORATE THE 2010/11 - 2015/16 CAPITAL FACILITIES PLANS OF THE KENT, FEDERAL WAY AND AUBURN SCHOOL DISTRICTS, INCLUDING UPDATED SCHOOL IMPACT FEES, AS RECOMMENDED BY STAFF. The school districts are required to submit for annual Council review their updated capital facilities plans. The Kent, Federal Way and Auburn School Districts submitted their updated Capital Facilities Plans to the City of Kent and are proposing to amend school impact fees resulting from new student population generated by new single family and multifamily residential development. The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, expected funding, and calculation of the impact fees according to the formula set forth in KCC 12.13.140. R Raplee recommended updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2010/11 - 2015/16 Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, including updated School Impact Fees, as recommended by staff. 3 Perry seconded the motion, which passed 3-0. 11. I RECOMMEND/DO NOT RECOMMEND UPDATING THE CAPITAL FACILITIES ELEMENT OF THE KENT COMPREHENSIVE PLAN TO INCLUDE THE 2011- 2016 CAPITAL IMPROVEMENT PLAN, AS RECOMMENDED BY STAFF. Kent City Code allows update of the Capital Facilities Element of the Kent Comprehensive Plan concurrent with the adoption of the City budget. The Capital Facilities Element includes the City's 6-year financing plan, which is updated annually. The City Council held the required public hearing on this proposed update to the Kent Comprehensive Plan on November 2, 2010, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. 3 Perry recommended updating the Capital Facilities Element of the Kent Comprehensive Plan to include the 2011-2016 Capital Improvement Plan, as recommended by staff. D Raplee seconded the motion, which passed 3-0. 12. RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCES AUTHORIZING AN INCREASE IN THE PROPERTY TAX LEVY AND LEVYING THE PROPERTY TAX FOR COLLECTION IN 2011. Due to a drop in inflation, the limit factor used to collect property taxes in 2011 could decrease. With already decreasing revenues from sales tax, permit fees, and the lack of development and new construction, reduced property tax revenues would impact the City's decreasing budget revenues resulting in further reductions to City services. Therefore, staff recommends that Council include a finding that a substantial need exists pursuant to RCW 84.55.0101 to maintain a limit factor of 101 percent. The first ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy. The second ordinance levies the tax for collection in 2011. The levy is $19,386,873 for the Operations Committee Minutes December 7, 2010 Page: 5 General Fund. This amount reflects a substantial reduction due to formation of the Regional Fire Authority. It also includes an increase due to the Panther Lake annexation. D Raplee recommended Council adopt the proposed ordinances authorizing an increase in the property tax levy and levying the property tax for collection in 2011. ] Perry seconded the motion, which passed 3-0. 13. I MOVE TO RECOMMEND ADOPTION OF AN ORDINANCE ADOPTING THE 2011 BUDGET. John Hodgson, Chief Administrative Officer, joined Bob and explained that the International Coordinator position has not been filled for four years and is not being replaced. Council amended the motion to remove the position from the positions list. J Perry is not in support of the budget. She feels it is more prudent to build reserves rather than allocate extra funds to other areas until the economy improves. L Thomas feels the council works well together and did well discussing the budget. D Raplee moved to recommend adoption of an ordinance adopting the 2011 budget with the elimination of the Sister Cities Coordinator position from the positions list. L Thomas seconded the motion, which passed 2-0. ] Perry rejected the motion. 14. INFORMATION ONLY — NO MOTION. SUMMARY FINANCIAL REPORT FOR THE MONTH OF OCTOBER. Bob Nachlinger, Finance Director provided an update of the monthly summary financial report. The city is at an 8.2% fund balance at year end. Year to date $200,000 in fund balance going toward out $4,000,000 estimated better than budget. L Thomas questioned the Department of Revenue refund. Bob informed Council they are not honoring it and legislators are being contacted. The meeting was adjourned at 4:36 p.m. by L Thomas. Pam Clark Operations Committee Secretary j �-� KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES November 9, 2010 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5:03 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the October 12, 2010 meeting. The motion was seconded by D. Higgins and passed 3-0. 2. Bulletproof Vest Partnership Award — ACCEPT, AUTHORIZE and Establish the budget Chief of Police Steve Strachan and Research and Development Analyst Debra LeRoy stated the award reimburses 50% of the cost of new and replacement vests for police officers. D. Higgins moved to recommend that Council authorize the Kent Police Department to accept the FY2010 Bureau of Justice Bulletproof Vest (BVP) grant in the amount of $7,202.52. The motion was seconded by L. Thomas and passed 3-0. 3. Washington Traffic Safety Commission grant — ACCEPT and AUTHORIZE Chief Strachan stated the funds will provide officer overtime funding for traffic safety emphasis patrols in support of Target Zero priorities. L. Thomas moved to recommend that Council accept the grant in the amount of $10,300 from the Washington Traffic Safety Commission, authorize the Mayor to sign the Memorandum of Understanding, and establish the budget. The motion was seconded by D. Higgins and passed 3-0. 4. Washington Traffic Safety Commission grant — ACCEPT and AUTHORIZE Chief Strachan explained the funds will provide reimbursement for the Law Enforcement Liaison's training, travel and overtime as designated in the Memorandum of Understanding. D. Higgins moved to authorize the Chief of Police to sign the Washington Traffic Safety Commission Memorandum of Understanding which designates a Law Enforcement Liaison for the South King County Target Zero Task Force and to accept grant funds not to exceed $5,000. The motion was seconded by L. Thomas and passed 3-0. S. Washington State Coalition to Reduce Underage Drinking stipend - ACCEPT Chief Strachan explained the funds will be used by the Kent Youth Board to work on a campaign project to reduce the amount of alcohol advertising to youth. L. Thomas moved to authorize the Kent Police Department to accept the $500 Stipend from the Washington State Coalition to Reduce Underage Drinking. The motion was seconded by D. Higgins and passed 3-0. 6. Youth Conference, December 7" & 8th — INFO ONLY Chief Strachan spoke about the purpose of the annual conference held at the Kent Commons and invited the Committee members to attend. 7. First Amendment to Corrections Facility Food Services Agreement - APPROVE and AUTHORIZE Deputy City Attorney Pat Fitzpatrick and Chief Strachan explained the Amendment will extend the contract for an additional five years to December 31, 2015. L. Thomas moved to recommend the City Council approve and authorize the Mayor to enter into the First Amendment to Corrections Facility Food Services Agreement, subject to final approval of terms and conditions by the City Attorney. The motion was seconded by D. Higgins and passed 3-0. S. Third Amendment to Corrections Facility Medical Services Agreement - APPROVE and AUTHORIZE Deputy City Attorney Fitzpatrick and Chief Strachan explained the Amendment will extend the contract for an additional five years to December 31, 2015. D. Higgins moved to recommend the City Council approve and authorize the Mayor to sign the Third Amendment to the Corrections Facility Medical Services Agreement between the City of Kent and Valley Medical Center Occupational Health Services, subject to final approval of terms and conditions by the City Attorney. The motion was seconded by L. Thomas and passed 3-0. 9. Interlocal Agreement with Chelan County for the Housing of Inmates - APPROVE and AUTHORIZE Deputy City Attorney Fitzpatrick and Chief Administrative Officer John Hodgson explained the Agreement would allow the City to house inmates at the Chelan County jail when overcapacity is reached at the City's jail. Although the City's population has increased, the City's jail capacity remains at 96 beds. L. Thomas moved to recommend the City Council approve and authorize the Mayor to enter into an interlocl agreement with Chelan County for the housing of inmates, subject to final approval of terms and conditions by the City Attorney. The motion was seconded by D. Higgins and passed 3-0. 10. Kent Winterfest Tree Lighting Firework Display Permit - AUTHORIZE Fire Marshal Jon Napier explained the permit needs authorization from City Council. D. Higgins moved to recommend that Council authorize the Fire Marshal to issue a public firework display permit for the Kent Winterfest Tree Lighting. The motion was seconded by L. Thomas and passed 3-0. ADDED ITEMS: 11. Seattle Police Department Interagency Agreement -AUTHORIZE Chief Strachan explained the Agreement pertains to an interagency gang task force under the direction of the Seattle Police Department. The agreement funds reimbursement of police officer overtime in an amount not to exceed $5,000. D. Higgins moved to authorize the Chief of Police of the Kent Police Department to sign the Seattle Police Department Interagency Agreement and accept the grantfunds. The motion was seconded by L. Thomas and passed 3-0. 12. Washington Traffic Safety Commission grant application - AUTHORIZE Chief Strachan and Debra LeRoy stated, if granted, the funds will be used to purchase flashing beacons at three elementary school zones - Easthill, Glenridge and Springbrook. L. Thomas moved to authorize the Kent Polilce Department to apply for the Washington Traffic Safety Commission grant in the amount of $16,800. The motion was seconded by D. Higgins and passed 3-0. Public Safety Committee Minutes 2 November 9, 2010 13. Operation Cross Country — INFO ONLY Chief Strachan provided information on the FBI's Innocence Lost Task Force (ILTF) efforts on November 6th & 7th during a national crackdown on juvenile prostitution. Operation Cross Country safely removed 69 juvenile prostitutes off the streets, 23 of those in the Seattle area, 8 in Kent. ILTF coordinated with social services agencies to provide counseling and safe housing for the juveniles and returning many to their families. The meeting adjourned at 5:56 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 3 November 9, 2010 SPECIAL PUBLIC WORKS COMMITTEE MINUTES of Monday, December 6, 2010 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:01 p.m. ITEM 1 - Approval of Minutes Dated November 15, 2010: Committee Member Harmon moved to approve the minutes of November 15, 2010. The motion was seconded by Higgins and passed 3-0. Item 2- Contract for 2011 Water Treatment Chemicals Cascade Columbia Distribution: Water Superintendent, Brad Lake explained that the following two items are combined with separate motions. The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budgeting. The uses of these chemicals are required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards. The first contract is with Cascade Columbia for Sodium Fluoride and Potassium Permanganate to supply potable drinking water to the City's water customers. Higgins moved to recommend Council authorize the City of Kent and Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate in an amount not to exceed $41,628, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Item 2- Contract for 2011 Water Treatment Chemicals EQUA-CH LOR: This contract is for Sodium Hydroxide which is used in the water system as a pH adjustment for corrosion control. Harmon moved to recommend Council authorize the City of Kent and EQUA-CHLOR for 25% Sodium Hydroxide in an amount not to exceed $79,925, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. Item 3-Contract ESA Adolfson - Biological Opinion: Beth Tan explained that this contract will review the current Best Available Science (BAS) and existing environmental and land use regulations within the riparian and floodplain areas in order to ensure the City of Kent's compliance with the National Flood Insurance Program (NFIP) Biological Opinion. Higgins moved to recommend Council authorize the Mayor to sign a Consultant Services Contract with ESA Adolfson for the National Flood Insurance Program Biological Opinion Compliance in an amount not to exceed $47,600, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Page 1 of 4 SPECIAL PUBLIC WORKS COMMITTEE MINUTES of Monday, December 6, 2010 Item 4 - Contract/Tetra Tech - Hawley Road: Public Works Director, Tim LaPorte explained that the next few items have been batched together and are broken down to reaches. City Engineer, Chad Bieren explained that there are probably four more contracts that are needed in order to finish the remaining CLOMR. This particular contract will reconstruct the levee to a certifiable standard and is important to the City's flood protection. A Conditional Letter of Map Revision (CLOMR) report will be completed by GeoEngineers Inc in December. Tetra Tech will peer review the report prior to submitting it to FEMA. FEMA has 90 days to review every time information is submitted. Bieren stated that a similar review was done on the Horseshoe Bend and Foster Park CLOMR reports and proved to be a valuable tool in reducing the time REMA required to return its first round of comments. Harmon moved to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech in an amount not to exceed $17,609, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. Item 5 - Contract/Shannon & Wilson - Green River Levee Certification Proiects: City Engineer, Chad Bieren explained that this project is also part of the Green River Levee Certification Project and includes the levees between S. 1801h St and SR 516. Wetland survey, wetland delineation and biological assessment reports are part of the documents required by FEMA in a Certified Letter of Map Revision (CLOMR). Shannon and Wilson will perform a Wetland Reconnaissance survey, Wetland Delineation and Biological Assessment along the full length of the project. Higgins moved to recommend Council authorize the Mayor to sign a Contract with Shannon & Wilson, Inc. for a Wetland Reconnaissance Survey, Wetland Delineation, Biological Assessment and Reports in an amount not to exceed $50,870, direct staff to establish a budget to be spend within the Green River Levee Improvements Projects from River Mile 14.25 to 22.00 upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was second by Harmon and passed 3-0. Item 6 - Contract/Historical Research Associates, Inc. - Green River Levee Certification Proiects: City Engineer, Chad Bieren explained that this too is a part of the Green River Levee Certification Project and includes the levees between S. 1801h St and SR 516. Historical Research Associates, Inc. would perform an Archaeological Reconnaissance and Cultural Resources Survey along the full length of the project. Reports are part of the documents required by FEMA in a Certified Letter of Map Revision (CLOMR). Harmon moved to recommend Council authorize the Mayor to sign a Contract with Historical Research Associates, Inc. for an Archaeological Reconnaissance and Cultural Resources Survey and Report in an amount not to exceed $62,859, direct staff to establish a budget to be spend within the Green River Levee Improvements Projects from River Mile 14.25 to 22.00 upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was second by Higgins and passed 3-0. Page 2 of 4 SPECIAL PUBLIC WORKS COMMITTEE MINUTES of Monday, December 6, 2010 Item 7 — Information Only/South 2281h Street Union Pacific Railroad Grade Separation: Design Engineering Manager, Mark Howlett provided an informative PowerPoint Presentation giving an overview of the South 2281h Street Union Pacific Railroad Grade Separation project. He explained that in 2004 the City of Kent was successful in obtaining a grant from the Freight Mobility Strategic Investment Board (FMSIB) for the South 2281h Street Union Pacific Railroad Grade Separation project. FMSIB is a state agency whose funding is dependent upon continued appropriation from the state legislature. He stated that due to the existing shortfalls facing the state budget, Public Works staff is concerned about the future availability of this funding. Howlett noted that it is imperative that the City start construction within the near future in order to ensure continued financial participation from FMSIB. Information Only/No Motion Required Item 8 — Information Only/Snow & Ice Removal: Street Superintendent, Bill Thomas gave a brief update on snow and ice control he talked about planning, equipment, communication, training, residential streets and road closure updates. Information Only/No Motion Required Item 9 — Update Information Only/City Owned Property: Public Works Director, Tim LaPorte stated that this item is an information only item and is coming back to the committee at the committee's request. Environmental Engineering Manager, Mike Mactutis stated that staff compiled a list of properties that the City owns and evaluated the list to determine which properties belong to Public Works. Staff is working with Parks and Facilities to evaluate which properties belong to their departments and what their purposes are. Mactutis noted that the vast majority of the 655 parcels on the list are Public Works properties and include; 400 storm drainage ponds, natural resource properties, water department and parks properties. The following are two properties on the list that can be surplused when the time is right. 1. Property off of 1161h Avenue north of Kent Kang ley, a portion of this property will be available to surplus; a portion of the property will be used as a retention pond and will be retained by the City. 2. Ramstad short plat which is located off of the 2771h Corridor, west of 1081h Ave (subdivided into 8 lots). We are waiting for the market to improve before moving forward on selling the lots. LaPorte noted that we are holding on to property off of 231" Street. We are hanging on to that property to use it for the Union Pacific Railroad project, the property will be mined for material for the project. The property was used for the Burlington Northern project as well. Harmon asked about the property at Summit Avenue. Brad Lake, Water Superintendent stated this particular piece of property belongs to and is very valuable to the Water department. He stated a well is located on the property and that the City has held on to Page 3 of 4 SPECIAL PUBLIC WORKS COMMITTEE MINUTES of Monday, December 6, 2010 because existing water rights that go with the well re valuable. Lake stated the site could be surplused only after the water rights are transferred. LaPorte stated that the property at 1141h and 2691h is also used by the Water Department and could be surplused. Lake, stated that this property has provided value to the Water department as a storage site. If the property is surplused the proceeds will go back to the Water Department. Harmon asked how many sites the PW Department have that can be surplused? LaPorte stated there are about a dozen properties that at some point could be surplused. Harmon asked that a list of properties that can be surplused be brought back to the committee at a later date. Information Only/No Motion Required Item 10 — Information Only/Public Works 2011 Work Plan: Public Works Director, Tim LaPorte gave a brief overview of Public Works 2011 Work Plan. He briefly discussed what is going on with the Levee's, National Pollutant Discharge Environmental System (NPDES) and the condition of our streets. There will be a more thorough report in January. Information Only/No Motion Required Added Items: Harmon asked about the speed study reducing the speed to 35 MPH on Benson Road. Mullen stated that staff is waiting for the State to finish their study. The meeting was adjourned at 5:41 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION