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Home My WebLink AboutCity Council Meeting - Council - Agenda - 02/15/2011 CITY OF KENT AgendaCity Council Meeting February 15, 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 February 15, 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. Legislation Michelle Witham 25 minutes 2. Council Retreat Follow-up Jamie Perry 35 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. Arts Commission Community Support Recognition D. Legislative Update E. Public Safety Report 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Purchase of Hewlett-Packard Server Enclosure - Authorize D. 2011 Budget Adjustment for Utility Tax Ordinance - Adopt E. Budget Certification for Annexation Sales Tax Credit Resolution - Adopt F. Storm Flooding Reimbursement Resolution - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED G. Public Display of Fireworks Ordinance — Adopt H. Parking Semi-Trucks Containing Hazardous Materials During Flood, Ordinance — Adopt I. GEI Consultants Contract, Briscoe & Desimone Levees CLOMR Review — Authorize J. GEI Consultants Contract, Boeing Levee CLOMR Review — Authorize K. Tetra Tech Contract, Lower/Lowest Russell Road Levee CLOMR Review — Authorize L. Tetra Tech Contract, SR 516 to S. 231st Way Levee CLOMR Review — Authorize M. Waste Reduction and Recycling Grant Amendment — Authorize N. Local Hazardous Waste Management Program Grant — Authorize O. Tetra Tech Contract, 2011 Lakes Monitoring — Authorize S. OTHER BUSINESS None 9. BIDS A. Kent Guiberson Corrosion Control Facility 10. REPORTS FROM STAFF, COUNCIL COMMITTEES, 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) Arts Commission Community Support Recognition D) Legislative Update E) Public Safety Report PUBLIC COMMENT Agenda Item: Consent 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through O. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 1, 2011. 7B. Approval of Bills. Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 1, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/11 Wire Transfers 4446-4466 $1,645,986.35 1/15/11 Regular Checks 649868-650313 1,763,063.93 Void Checks 649872-649982 (7,201.57) Use Tax Payable 1,111.92 $3,402,960.63 Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2011: Date Check Numbers Amount 1/20/11 Checks 321318-321514 $ 176,039.35 1/13/11 Voids & Reissues 321317 0.00 1/20/11 Advices 278036-278657 1,437,373.84 $1,613,413.19 y RCN i Kent City Council Meeting Was„ „ ,., February 1, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson added Other Business item A, Homeless Count, and Executive Session item B, Pending Litigation; Council President Perry added Other Business item B, Green Kent Partnership. B. From the Public. (CFN-198) No one had items to add to the agenda. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Police Chief Oath of Office. (CFN-122) Kenneth E. Thomas was sworn in as Kent's new Police Chief by Mayor Suzette Cooke. Chief Thomas thanked all of those who have supported him. C. Community Events. (CFN-198) Mayor Cooke recognized members of Boy Scout Troops 355 and 302 who are in attendance tonight working on their citizenship and community badges. Ranniger and Raplee announced upcoming events in the City. D. Sister Cities Soccer Exchange Program Proclamation. (CFN-155) Council- member Higgins explained the history of the effort to start a soccer exchange with Norway and noted that Kent Youth Soccer Association is involved. He urged both the City and individuals to support the program financially. Mayor Cooke then read a proclamation of support and presented it to Ed and Florence Amundsen. E. Legislative Update. (CFN-198) Michelle Witham gave an update on legislative issues including levees, unfunded mandates, and streamlined sales tax. Mayor Cooke encouraged Council members and individuals to attend the legislative sessions in Olympia or contact their representatives by email. F. Economic Development Report. (CFN-198) Kurt Hanson gave an update on the status of the unfinished parking garage now known as Kent City Center, noting that the Request For Proposal process will begin soon. PUBLIC COMMENT No comments from the audience were added. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through M. Thomas seconded and the motion carried. 1 Kent City Council Minutes February 1, 2011 A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of January 18, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through December 31 and paid on December 31, 2010, after auditing by the Operations Committee on January 18, 2011, were approved. Checks issued for vouchers, were approved: Date Check Numbers Amount 12/31/10 Wire Transfers 4425-4445 $2,375,753.18 12/31/10 Regular Checks 649387-649867 3,678,085.57 Use Tax Payable 62.79 $6,053,901.54 Checks issued for payroll for December 16 through December 31, 2010, and paid on January 5, 2011, were approved: Date Check Numbers Amount 1/5/11 Checks 321116-321316 $ 184,807.44 12/22/10 Voids & Reissues 321115 0.00 1/5/11 Advices 277416-278035 1,214,440.03 $1,399,247.47 C. Sound Mental Health, Safe Havens Services Consultant Agreement. (CFN-118) The Mayor was authorized to sign agreements with Sound Mental Health pertaining to Safe Havens Services, subject to final terms and conditions acceptable to the City Attorney. D. Public Defense Services Agreement Amendment No. 5. (CFN-118) The Mayor was authorized to sign Amendment Number Five to the Public Defense Services Agreement with Stewart, Beall, MacNichols and Harmell. E. AAA Pest Control Agreement. (CFN-118) The Mayor was authorized to sign a three-year Goods and Services Agreement with AAA Pest Control Inc., in the amount of $38,339.91, excluding Washington State Sales Tax, for pest inspection and abatement services at various city-owned buildings. F. King County Youth Sports Facility Grant Agreement. (CFN-118) The grant from King County Natural Resources and Parks Division under the Youth Sports Facilities Grant Program in the amount of $75,000 was accepted, and the Mayor was authorized to sign all necessary documents, establish a budget, and expend the funds in accordance with the grant agreement, subject to final terms and conditions acceptable to the City Attorney. G. 4th Quarter Fee-In-Lieu Funds. (CFN-118) The $57,225 fee-in-lieu funds for the fourth quarter of 2010, was accepted and expenditure of funds in the Garrison Creek Park Budget was authorized. 2 Kent City Council Minutes February 1, 2011 H. Green Kent Partnership 20-Year Plan. (CFN-118) The Green Kent Partnership 20-Year Management Plan was approved. I. RTC Transportation Consulting, Communities Putting Prevention to Work Grant Consultant Contract. (CFN-171) The Mayor was authorized to sign a Consultant Services Agreement with RTC Transportation Consulting for Transportation Planning and Engineering Services in an amount not to exceed $40,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Right of Way/Storm Drainage Tract Dedication, 116th Avenue SE Street Improvements. (CFN-1024) The Mayor was authorized to sign the Deed dedicating the storm pond site and Right of Way for the 116th Avenue SE Street Road Improve- ment project and to surplus the remaining property, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. GeoEngineers, S. 228th Street Union Pacific Railroad Grade Separation - Stone Columns Consultant Contract. (CFN-1269) The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers, Inc. for Geotechnical Services for the S. 228th Street Union Pacific Railroad (UPRR) Grade Separation project in an amount not to exceed $31,212.11, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. GEI Consultants, SR 516 to S. 231st Way Levee Proiect Conditional Letter of Map Revision (CLOMR) Certification Consultant Contract. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GEI Consultants, Inc. for the Conditional Letter of Map Revision (CLOMR) Certification of the State Route 516 to S. 231st Way Levee Project in an amount not to exceed $499,498, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. M. Northwest Hydraulic Consultants, SR 516 to S. 231st Way Levee Proiect Conditional Letter of Map Revision (CLOMR) Certification Consultant Contract. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for the Conditional Letter of Map Revision (CLOMR) Certification of the State Route 516 to S. 231st Way Levee Project, in an amount not to exceed $50,444, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. OTHER BUSINESS A. Homeless Count. (CFN-118) Jason Johnson noted that a homeless count was taken on January 28, and that 108 homeless people were counted in the City of Kent. He said more than half of them were sleeping in cars, some were sleeping in bushes and undergrowth, eight were in abandoned buildings, and the remainder were in alleyways. He said this is the first year no one was found in business doorways or on park benches. He outlined the count areas and explained what services are available to the homeless. 3 Kent City Council Minutes February 1, 2011 B. Green Kent Partnership 20-Year Plan. (CFN-118) Parks Director Watling explained that the Green Kent Partnership 20-Year Plan is a way of stewarding open spaces. He noted that there are many threats to the urban forests and natural spaces, that the solution is a partnered approach, and that the partners are Kent residents, the City of Kent, the Cascade Land Conservancy, and the business community. He said the plan will position volunteer hours where they are most needed. REPORTS A. Council President. (CFN-198) Perry noted that the annual Council Retreat will be held on Friday and Saturday, February 4 and 5, 2011, at Green River Community College. B. Mayor. (CFN-198) Mayor Cooke announced that she will be giving a State of the City Address at the March 15th Council meeting. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Economic & Community Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be on February 8th at 5:00 p.m. G. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be at 4:00 p.m. on February 7th H. Administration. (CFN-198) Hodgson noted that he has been asked to give an overview on Regional Fire Authorities to seven South Snohomish County cities and two fire districts who are considering forming a fire district. He added that there will be an executive session of approximately 30 minutes to discuss land acquisition and potential litigation, with action anticipated on the property acquisition. I. Regional Fire Authority. (CFN-198) Thomas reported that they are working with the Cities of SeaTac and Tukwila who are considering setting up such an authority. EXECUTIVE SESSION The regular meeting recessed to Executive Session at 8:13 p.m., and reconvened at 8:35 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Property Acguisition. (CFN-239/1318) Hodgson explained that the proposed property is on the Green River and that it will be used as a portion of a setback to protect the Green River Levee from intruding into the City of Kent. He noted that funding is available through a state grant. 4 Kent City Council Minutes February 1, 2011 Raplee moved to authorize the Mayor to sign the Purchase and Sale Agreement between the City of Kent and Robert & Leslie Bartley, as well as any other documents necessary to complete the sale for the acquisition of the property located at 26015 80th Avenue South, Kent, Washington, for the Horseshoe Bend Levee Project within established budgets and upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. Harmon seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:37 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 KENT Agenda Item: Consent - 7C TO: City Council DATE: February 15, 2011 SUBJECT: Purchase of Hewlett-Packard Server Enclosure - Authorize MOTION: Authorize the Mayor to continue with Hewlett-Packard Company (HP) in an amount not to exceed $119,176.96, inclusive of applicable state taxes, subject to review of final terms and conditions acceptable to the City Attorney. SUMMARY: The Information Technology Department is looking to purchase a server enclosure with two (2) internal computer host blades in support of the department's enterprise Storage Area Network (SAN) project. This hardware and software purchase will also provide the necessary infrastructure to enhance and provide greater business continuity for many of the City's key business systems. EXHIBITS: Memo dated 2/1/11 RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Funds are budgeted in the 2010 Information Technology Plan as adopted by the City Council in December of 2009. INFORMATION TECHNOLOGY Curt Ryser, Systems Manager Phone: (253) 856-4642 1 Fax: (253) 856-4735 �F"�T Address: 220 Fourth Avenue S. WAS „ I N n r p N Kent, WA 98032-5895 DATE: February 1, 2011 TO: Kent City Council Operations Committee FROM: Curt Ryser, Systems Manager SUBJECT: Approve Purchase Orders for Hewlett-Packard Company. SUMMARY: The Information Technology Department is looking to purchase a server enclosure with two (2) internal computer host blades in support of the department's enterprise Storage Area Network (SAN) project. This hardware and software purchase will also provide the necessary infrastructure to enhance and provide greater business continuity for many of the city's key business systems. BUDGET IMPACT: Not to exceed $119,176.96 per attached quotes with added applicable state taxes. These funds are budgeted in the 2010 Information Technology Plan as adopted by council in December of 2009. BACKGROUND: The Information Technology Department is continuing our efforts to implement and follow industry best practices with our enterprise storage and associated disaster recovery readiness project. As part of these efforts, we are implementing a virtual server architecture that will allow for redundancy of critical business applications and minimize recovery of those systems in the event of a catastrophic event. In February of 2010, City Council approved the purchase of virtual server hardware and software that has been deployed in our current disaster recovery site of Fire Station #74. This request is to purchase the matching virtual server hardware and software for City Hall that will complete the system design for disaster recovery. Deploying the matching server infrastructure will allow the city to recover critical business systems in the event of a catastrophic disaster as well as provide for some redundancy that will provide improved system up-time and minimize impacts from required maintenance. ATTACHMENTS: Hewlett-Packard (HP) Company - WA state WSCA quotes. 1 Pkmc no k: Tu P A I mo In IN"VIMIQUkard UMUM WSCAMASIND CMUnO or bn I hr IRS LRIAN wider I In I Aim M NIN,,q d 9AK 1001 t�;j pri cos:�, Pay"new v'iH dc imhle d',) 1-11"vyliin packand 01) Rox 10 1149 A[Ianu, GA 10192-11 H9 EX) nrA send your Mime Wr in tlirs addrnu m, 4 !115 for J'm,�fntnl (MIly. 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'iMa MI 1 '40':5e')!'9rn" Rd O"nrP'vr^(, egled,1D,01m, 'Nf+YJ'arC PI N Cl:2,:21 P"aNI crelwJay CcrMr@cI,WA - STra-rEOF'11VAS'HlmlG10HM$csJN2a4;9PU)d ('1"14P-'MST- lerv8rlr'ru�r a� vnr+rYa's41r`r4rlrns�t,rPen'arYe 207.Y PaWlluct mvMtaWWIfltly w d proAd nl di sconNlnnu:a ion are nsu tlact to c hagngao+W4fiuceork nod , 'R'hra prices hi trhk qunoRodon am MKI W 30 sUVN from ttprcov ddo iuWuard P'4m$*Vndcido the quou nUMbeir and ono narrracN Prtasvr rjv% gvoe rrn the cnrrasssFw.andNlnq purchase rardurr,,, d.ly9e be F'ty-A.n,dra 00„w^°a4 IQP An 1;4J b S-F1 6N"G'+Miype 4MB'd3.1821 U'M 27 4 12,133MB yu w,,m;al 32P3 r.h 9 WA Tax: $ 221.65 Sub-total: $ 2,554.73 Grand-Total: S 119,176.96 6 KENT Agenda Item: Consent - 7D TO: City Council DATE: February 15, 2011 SUBJECT: 2011 Budget Adjustment for Utility Tax Ordinance - Adopt MOTION: Adopt Ordinance No. authorizing a budget adjustment to reduce the utility tax revenues by $1,276,595 in three funds and to reduce the expenditures in those funds by $1,276,595. SUMMARY: Telephone utility tax is significantly underperforming and the budget should be reduced. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The budgets for three funds will be affected by this reduction. The General Fund budget will be reduced by $1,000,000; The Street Fund budget will be reduced by $212,766; and The Youth/Teen Fund's Budget will be reduced by $63,829 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2011 budget. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Budget Adjustment. The 2011 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is attached and incorporated by this reference. SECTION 2. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severabiiity. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2011 Budget — Adjustment for Utility Tax SECTION 4, - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication 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:\Civil\Ordi na nce\BudgetMj ustment-2011 FirstHa lf.docx 2 2011 Budget — Adjustment for Utility Tax "Exhibit A" General Fund Revenues: Utility Taxes ($1,000,000) Expenditures: Operating Transfers - Out ($1,000,000) Street Fund Revenues: Utility Tax ($212,766) Expenditures: Operating Transfers - Out ($212,766) Youth/Teen Fund Revenues: Utility Tax ($63,829) Expenditures: Operating Transfers - Out ($63,829) 3 2011 Budget - Adjustment for Utility Tax KENT Agenda Item: Consent - 7E TO: City Council DATE: February 15, 2011 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution - Adopt MOTION: Adopt Resolution No. approving the certification of $4,530,373 for the Panther Lake annexation sales tax credit for the period July 1, 2011 through June 30, 2012. SUMMARY: The City is required to certify to the State of Washington before March 1st of each year, the amount needed from the annexation sales tax credit to provide service in the annexed area. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,530,373 for July 1, 2011 through June 30, 2012. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The budget for the Panther Lake Annexation area for the State's fiscal 2012 year is anticipated to be $11,142,127 in expenditures to provide City services to those residents while we anticipate revenues of $6,611,754 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,530,373 which is the amount being certified as the amount we are requesting from the State in the annexation Sales Tax Credit. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the City of Kent to impose a sales and use tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations, and authorizing the city's Finance Director certify the threshold amount for the 2011 fiscal year. RECITALS A. This is not a new tax, but a reallocation of the sales tax already collected by the state which will then be remitted to the City to assist with funding the costs of the newly annexed area. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted its Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area is 25,458 people. C. The City Council of the City of Kent, Washington, finds and determines that the projected cost of at least $11,142,127 to provide municipal services to the annexed area exceeds the projected general revenue estimated to be $6,611,754 that the City would otherwise receive from the annexation on a fiscal year basis. 1 Tax Credit Threshold Panther Lake Annexation D. Pursuant to RCW 82.14.415, the City of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the next state fiscal year, which shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the city, with that tax being a credit against the state tax. E. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the next (second) state fiscal year following the annexation and adoption of the tax is as follows: $4,530,373. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — Rate and Threshold Amount. The city of Kent will continue the sales and use tax rate to offset municipal services costs to the city's newly annexed Panther Lake Annexation area at 0.2 percent, which shall be in addition to other taxes authorized by law. The threshold amount for the Panther Lake Annexation for the next (2011) state fiscal year following the annexation and adoption of the tax is as follows: $4,530,373. SECTION 2, — Implementation. The Mayor of the City of Kent is hereby authorized to implement such administrative procedures as may be necessary to carry out the provisions of this Resolution. SECTION 3, — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or 2 Tax Credit Threshold Panther Lake Annexation invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION S. - 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 6, - 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 3 Tax Credit Threshold Panther Lake Annexation 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\Mnexadon Sales Tax Threshold2011.docx 4 Tax Credit Threshold Panther Lake Annexation w," Agenda Item: Consent - 7F TO: City Council DATE: February 15, 2011 SUBJECT: Storm Flooding Reimbursement Resolution - Adopt MOTION: Adopt Resolution No. allowing the City to repay capital expenditures for the 76th Avenue Storm Drainage Improvement project from the proceeds of municipal bonds to be issued in the future. SUMMARY: The City is required under Internal Revenue Service regulations to declare its intent to repay itself from the issuance of future bonds for capital expenditures before those expenditures may be reimbursed. The City is beginning work on storm drainage improvements to alleviate flooding along 76th Avenue, and this resolution affirms that the City will reimburse itself for the cost of those improve- ments from the proceeds of municipal bonds to be issued at a future date. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its official intent to reimburse capital expenditures in connection with the drainage improvements on 76th Avenue from proceeds of a future borrowing. RECITALS A. The City intends to construct storm drainage improvements to alleviate flooding on 76th Avenue (the "Project'). B. The City intends to make expenditures for the Project from funds that are available but that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis, or otherwise set aside for those expenditures, and reasonably expects to be reimbursed for those expenditures from proceeds of tax-exempt bonds or other obligations ("bonds") issued to finance those expenditures; and C. When issuing bonds and approving part of the bond proceeds to expenditures made before the bond issue date, certain federal regulations (the "federal reimbursement regulations") require, among other things, that not later than 60 days after payment of the original 1 Resolution 76`h Avenue expenditure, the City (or any person designated by the City to do so on its behalf) declare a reasonable official intent to reimburse those expenditures from the bond proceeds; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Description of Proiect for which Expenditures are to be made. The City intends to make (and/or, not more than 60 days before the date of this declaration, has made) expenditures and it reasonably expects to reimburse itself for those expenditures from tax-exempt bond proceeds, for the following project, property, or program (the "Project'): The construction of storm drainage improvements to alleviate flooding on 76th Avenue, Kent, Washington. SECTION 2, - Maximum Principal Amount of Obligation Expected to be Issued for the Project. The City expects that the maximum principal amount of bonds that will be issued to finance the Project will be $7,500,000. SECTION 3, - Declaration Reasonable. The city council has reviewed its existing and reasonable foreseeable budgetary and financial circumstances and has determined that the City reasonably expects to reimburse itself for expenditures for the Project from proceeds of bonds because the City has no funds available that already are, or are reasonable expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for those expenditures on the Project. 2 Resolution 76`h Avenue SECTION 4, — Limitations on Uses of Reimbursement Amounts . The City will not, within one year after the expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reimburse the City for previously paid expenditures for the Project in any manner that results in those amounts being treated as replacement proceeds of any tax-exempt bonds, i.e., as a result of being deposited in a reserve fund, pledged fund, sinking fund or similar fund (other than a bona fide debt service fund) that is expected to be used to pay principal of or interest on tax exempt bonds. Nor will the City use those amounts in any manner that employs an abusive arbitrage device to avoid arbitrage restrictions. SECTIONS. — 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 6, — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7, — Effective Date. This resolution shall take effect and be in force immediately upon its passage. 3 Resolution 76`h Avenue 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 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:\Civi1\REso1ution\76th Avenue Intent to Reimburse Capic l Expenses.docx 4 Resolution 76`h Avenue KENT Agenda Item: Consent — 7G TO: City Council DATE: February 15, 2011 SUBJECT: Public Display of Fireworks Ordinance — Adopt MOTION: Adopt Ordinance No. amending Chapter 13.05 of the Kent City Code, 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. SUMMARY: The Kent City Code authorizes the fire marshal to issue a public firework display permit for specific types of events. This ordinance will authorize the fire marshal to issue permits for cultural events and Kent's annual tree lighting ceremony in addition to displays on the fourth of July, high school events of state- certified public or private high schools, or wedding ceremonies which had previously been authorized by City ordinance. Additionally, this ordinance authorizes the fire marshal to issue a firework permit for the use of firecrackers, salutes, chasers in accordance with RCW Chapter 70.77.255. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None 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 of the Kent City Code is amended as follows: Sec. 13.05.010. Sale and discharge of fireworks. A. Sale, purchase or possession. It is legal to sell or purchase consumer fireworks within this city only during the following times and dates: from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th. It is legal to possess consumer fireworks within this city from 12:00 noon on June 28th through 11:00 p.m. on July 4th. It shall not be legal to sell, purchase, or possess consumer fireworks at any other time, specifically including, without limitation, from December 27th through December 31st. B. Use and discharge. It is legal to use or discharge consumer fireworks within this city only between the hours of 9:00 a.m. and 11:00 p.m. on July 4th. It shall not be legal to use or discharge consumer fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. of the subsequent year. 2 Public Display of Fireworks Amend Ch. 13.05 Sec. 13.05.020. Local fireworks permits. Application for all local fireworks permits required by the state fireworks law, Chapter 70.77 RCW, shall be made to the fire marshal. The fee for such permit shall be established by city council resolution, which amount covers the city's administrative costs for permit processing, issuance, and inspection. Pursuant to RCW 70.77.555, this permit fee and the costs for all needed permits and local licenses from application to and through processing, issuance and inspection shall not exceed one hundred dollars ($100) for any one (1) year, except that the fees for display permits will not exceed five thousand dollars ($5,000) for any one permit. 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; or 3. For wedding ceremonies.; 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 3 Public Display of Fireworks Amend Ch. 13.05 by the city council following consideration of the review, investigation and recommendation of the fire marshal. Sec. 13.05.040. Reckless discharge or use of fireworks. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Sec. 13.05.050. Penalty. Any person violating the provisions of KCC 13.05.010, 13.05.020, and 13.05.030 shall be guilty of a misdemeanor, and shall be punished by imprisonment not to exceed ninety (90) days and a fine not to exceed one thousand dollars ($1,000). Any person violating the provisions of KCC 13.05.040 shall be guilty of a gross misdemeanor and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000). A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of the provisions of this chapter. Sec. 13.05.060. Ban authority due to fire danger. A. The city of Kent recognizes the unique risk that exists when the discharge of fireworks is combined with a high fire danger. Under such conditions, the city has determined that it is in the interests of the public health, safety, and welfare to establish an emergency procedure for banning fireworks when the risk of fire is high. B. The fire marshal, subject to the city council's prior approval, may ban the sale, use, and/or discharge of fireworks within the city limits of Kent in the event that the risk of fire in King County or the city of Kent has been determined by the Washington State Department of Natural Resources ("DNR"), or a qualified DNR official, to be "very high/extreme" or otherwise at the highest fire danger level. 4 Public Display of Fireworks Amend Ch. 13.05 C. At each location at which fireworks are sold, the vendor shall post a notice of at least eight (8) inches by ten (10) inches in size that shall contain the language set forth in subsection (B) of this section. Such notice shall be posted in such a manner that it is clearly visible to those who purchase fireworks. 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 religiouscultural 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 23. — 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 34. — 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 45. — 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 ordinance, including the 5 Public Display of Fireworks Amend Ch. 13.05 correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 56. — 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.docx 6 Public Display of Fireworks Amend Ch. 13.05 KENT Agenda Item: Consent - 7H TO: City Council DATE: February 15, 2011 SUBJECT: Parking Semi-Trucks Containing Hazardous Materials During Flood, Ordinance - Adopt MOTION: Adopt Ordinance No. amending Chapter 9.38 of the Kent City Code, adding a new Section 9.38.200, entitled, "Flood Emergency hazardous materials parking zone." SUMMARY: Many businesses in Kent use and store materials that would pose a threat to the environment and public health and safety during a flood emergency. While it is the responsibility of the affected owners and operators to secure such hazardous material, moving the material represents substantial cost and disruption. The City Fire Marshal and the City Emergency Manager have recommended that, to the extent possible, the City provide safe, upland parking for trucks carrying hazardous materials from city businesses during an emergency flood event to limit the possibility of hazardous materials release and to lessen the costs and disruptions associated with moving the materials. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new section .200 to Chapter 9.38 of the Kent City Code which provides for a safe, upland location for parking trucks carrying hazardous materials during a flood emergency; providing a process for issuing, denying and revoking the permits for the parking zone; and creating an infraction for violations. RECITALS A. Many businesses in Kent use and store materials that would pose a threat to the environment and public health and safety during a flood emergency. B. While it is the responsibility of the affected owners and operators to secure such hazardous material, moving the material represents substantial cost and disruption. C. The City Fire Marshal and the City Emergency Manager have recommended that, to the extent possible, the City provide safe, upland parking for trucks carrying hazardous materials from city businesses during an emergency flood event to limit the possibility of hazardous materials release and to lessen the costs and disruptions associated with moving the materials. 1 Hazardous Materials - Semi-Truck Parking During a Flood Emergency NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - New Section. The following new section, 9.38.200, entitled "Flood emergency hazardous materials parking zone," is added to chapter 9.38 of the Kent City Code as follows: 9.38.200 Flood Emergency hazardous materials parking zone. A. Purpose of the flood emergency hazardous materials parking zone. The city establishes this flood emergency hazardous materials parking zone (FEHMPZ) program for the purpose of providing upland parking for commercial motor vehicles carrying hazardous materials, as hereinafter defined, from city businesses when such materials must be relocated to avoid potential hazardous materials release. This program will allow for hazardous material truck parking on certain upland public right of way to the extent of available capacity. This program does not excuse any person or entity responsible for hazardous materials from proper protection, handling and storage of such hazardous materials. B. Definitions. 1. Flood emergency means an emergency declared by the mayor, the county executive, the governor or federal officials by reason of floods or potential floods in the vicinity of the City. 2. Hazardous material means a substance or material which has been determined by the Secretary of Transportation to be capable of 2 Hazardous Materials - Semi-Truck Parking During a Flood Emergency posing a risk to health, safety, and property when transported in commerce, and which has been so designated. 3. Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle: a. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or b. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or C. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or d. Is used in transporting material found by the Secretary of Transportation to be hazardous under Title 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under Title 49 CFR, subtitle B, chapter I, subchapter C. C. Flood emergency hazardous materials parking zone established. Up to three lanes of South 231't Street west of the Green River bridge to the intersection of Military Road South. D. FEHMPZ Manager. The city emergency manager shall administer the FEHMPZ program as set forth in this section. The duties of the FEHMPZ manager may be carried out by more than one (1) person and may be delegated to the fire prevention staff as appropriate. The FEHMPZ manager will adopt such rules and procedures as are necessary for notice of availability of the FEHMPZ for parking and for its management. 3 Hazardous Materials — Semi-Truck Parking During a Flood Emergency E. FEHMPZ Permits. When properly issued and displayed, a FEHMPZ permit, in the form of a hang tag, will authorize a vehicle to park within the FEHMPZ during a flood emergency. The permit will not guarantee a parking place nor shall it allow the permitted vehicle to block private access to abutting properties or fire zones. The FEHMPZ manager will determine the capacity of the FEHMPZ zone and issue, on a first come-first served basis, only so many permits as the FEHMPZ will accommodate vehicles. F. Permit eligibility. 1. Kent businesses. Permits will be issued only to owners of licensed city businesses which business shall require the use and/or storage of hazardous materials. 2. Vehicles. Each permit will be issued for a specific commercial motor vehicle. Vehicles with trailers will be required to remain attached during the duration of their use of the FEHMPZ. Vehicles and trailers will be required to have their wheels chocked. 3. Government Vehicles. Government vehicles will be permitted to park in the FEHMPZ without permits. G. Use and Validity of Permits, Fee. 1. The FEHMPZ permit shall be valid only if the hang tag is hung from the vehicle's rearview mirror and only so long as the permit holder owns or controls the vehicle and maintains the business for which the permit was issued. 2. Each permit, unless terminated under subsection (1) of this section or revoked by the FEHMPZ manager shall expire on June 30th of each calendar year. 4 Hazardous Materials — Semi-Truck Parking During a Flood Emergency 3. A one hundred dollar ($100) administrative fee shall be charged for each permit issued to help defray the cost of administering the FEHMPZ program. H. Issuance of permits. 1. Each permit applicant shall submit an application to the FEHMPZ manager along with a copy of the business license and vehicle registration(s). The application shall be upon a city form with such information as the FEHMPZ manager shall require. Such information shall include, but not be limited to proof of insurance as required by the city Risk Manager. Upon request, the applicant will appear in person to show the original business license and vehicle registration(s). Each applicant shall agree, in writing, that submission of an application is not a guarantee of a parking place and does not excuse any compliance with any state, local or federal regulations respecting hazardous materials or otherwise. 2. The FEHMPZ manager shall issue up to two permits suitable for display for each approved application to Kent businesses that are members of the Local Emergency Planning Committee. Other Kent businesses will then be issued permits on a first come-first served basis until capacity within the FEHMPZ is exhausted. 3. Each permit shall show the date of expiration together with a license plate number and such other information as the EHMPZ manager shall require. I. Revocation or Denial of Permits-Cause. Any of the following shall be cause for the denial or revocation of the FEHMPZ permit. 1. The unavailability of capacity in the FEHMPZ. 2. A false or misleading statement in the application for permit. 3. The transfer of a permit to an unauthorized business or vehicle by sale or otherwise. 5 Hazardous Materials - Semi-Truck Parking During a Flood Emergency 4. The alteration of a permit in any respect. J. Revocation or denial or permit-process. If the FEHMPZ manager finds that a FEHMPZ permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the FEHMPZ manager will send a written notice of revocation or denial to the permit holder at the business address, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for the permit revocation or denial. 3. That unless a written notice of appeal is filed with the FEHMPZ manager not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or Denial-Appeal. An applicant aggrieved by the FEHMPZ manager's revocation or denial of a permit may file a notice of appeal with the FEHMPZ manager who shall submit the same to the city hearing examiner. The hearing examiner, upon consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse or remand the revocation or denial. L. Violation-Penalty. Any violation of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section during an emergency flood event are subject to impoundment as provided by law. Provided, however, that all other rules and regulations regarding traffic, transportation and the public right of way 6 Hazardous Materials — Semi-Truck Parking During a Flood Emergency will be in effect during such times as an emergency flood event is not in effect. SECTION 2, - SeverabilitY. If any one or more sections, 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 3, - 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 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 4, - 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 7 Hazardous Materials - Semi-Truck Parking During a Flood Emergency 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 8 Hazardous Materials - Semi-Truck Parking During a Flood Emergency KENT Agenda Item: Consent - 7I TO: City Council DATE: February 15, 2011 SUBJECT: GEI Consultants Contract, Briscoe & Desimone Levees Conditional Letter of Map Revision (CLOMR) Review - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map revision for the Briscoe/Desimone Levee Project, in an amount not to exceed $19,342, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In January 2011 the City Council approved consultant services agreements for preparation of CLOMRs to the Federal Emergency Management Agency (FEMA) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. EXHIBITS: Public Works Memo dated 1/28/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No unbudgeted fiscal impacts, this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. 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: January 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Ken Langholz, Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/ GEI Consultants - CLOMR Review Briscoe/Desimone Levee Project Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map Revision for the Briscoe/Desimone Levee Project in an amount not to exceed $19,342, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Briscoe/Desimone Levee is located on the east bank of the Green River between S. 200th Street and S. 180th Street. In January 2011 the City Council approved consultant service agreements for preparation of Conditional Letters of Map Revision (CLOMR) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the Federal Emergency Management Agency (FEMA) is the first step towards removing areas behind the levees from the flood hazard area. These consultants have started their work with the goal of submitting completed CLOMRs by July 2011. The CLOMR review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. Therefore, it is imperative that the application submitted to FEMA be as complete and accurate as possible. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. The consultant selected for this peer review work has extensive experience with the FEMA certification process and is the City's primary certification consultant on the SR 516 to 231't Way levee segment. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. KENT W .IN.T.. CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612, Phone: (510) 350-2908/Fax: (510) 350-2901, Contact: Alberto Pujol (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 peer review services for the Briscoe-Desi mone Levee Project. For a description, see the Consultant's February 2, 2011 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 Nineteen Thousand, Three Hundred Forty Two Dollars ($19,342.00) 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) r 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 pays 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$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, land personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below:. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Albert Pujol Timothy J. LaPorte, P.E GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent; WA 98032 (510) 350-2908 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEI-BflSeoe�Oe$Imone levee/LanBholz 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 G E I February 2,2011 I Grin+mnrnnd Mr. Ken Langholz City of Kent ra,In;IcoJ Public Works Department 220 Fourth Avenue South Kent, WA 98032 RE: Proposal for Peer Review Engineering Services Green River Levee Certification—Briscoe and Desimone Segments City of Kent,Washington Dear Mr. Langholz: We are pleased to submit this proposal to provide peer review engineering services for the right bank of the Green River levee between South 200`h Street and South 182"'Street,designated as the Briscoe and Desimone Levees. Our proposed scope of work is based on your email dated January 28,2011. Project Understanding The City of Kent(City)has initiated an engineering evaluation and certification process for the levee along the right bank of the Green River,with the overall objective of obtaining Federal Emergency Management Agency(FEMA)accreditation of the levee in its Flood Insurance Rate Maps(FIRMS) for the area. The City has divided the levee into six reaches and has engaged several consulting firms to prepare levee evaluation and certification packages. We understand that the City intends to submit certification packages to FEMA in mid to late June 2011. The levee reach designated as the Briscoe and Desimone Levees extends from South 200t1'Street to South 180`h Street, a length of approximately 2.7 river miles.A portion of the levee is within Tukwila, Washington,city limits. The City of Kent has engaged GeoEngineers,Inc. to evaluate the levee and prepare a FEMA certification package. Scope of Work The scope of work for this project involves providing a peer review of the CLOMR and levee Certification package for the Briscoe-Oesiinone Segment being prepared by GeoEngineers. Our review will be focused on the completeness of the submittal and overall appropriateness of procedures,design criteria, assumptions and basic analysis parameters. Our proposed scope of work is as follows: W'mg6cun>ult9ni a.W o, GEI Consultants,Inc. 180 Gcand Avenue,Suite 1410,Oakland,CA 94612 510350.2900 fax:510.350.2900 Mr. Ken Langholz 2 February 2,2011 1. Review of Draft FEMA Certification Report: We will review the report and supporting documents provided to us by the City of Kent. We anticipate the report will include a narrative and supporting calculations documenting that the levee meets the requirements of 44 CFR 65.10 of the NFIP Regulations. We,expQct this will include topographic mapping, freeboard profiles, embankment seepage and stability analysis,settlement evaluation,erosion protection evaluation,closure structure evaluations and an interior drainage evaluation. Our technical review will be limited to assumptions,procedures,results and conclusions. We will not be providing a detailed check of calculation or models. We will not be conducting our own independent calculations or models. 2. Review of Draft CLOMR Application: We will review the CLOMR MT-2 application forms and documentation that will be submitted to FEMA. We expect this will include the report included in Task I above and a completed set of the FEMA MT-2 CLOMR application forms. We assume this review will be performed concurrently with Task 1. 3.Summary Memorandum: We will prepare a letter memorandum summarizing our review comments. 4. Review of Final FEMA Certification Report and CLOMR Applications: We will review the final report and CLOMR application to back check that our review comments have been addressed. We expect that the cornments'will have been addressed and that we will issue a one 1 page memorandum documenting oiir concurrence. 5. Coordination: We will coordinate with the City of Kent and its consultants as requested by the City during the review. We will:participate in meetings with FEMA as requested. We assume that all meetings and discussions will occur by teleconference and that no travel will occur. Schedule We expect to complete our review about two weeks after receiving the draft documents. We expect to complete our final review about two`weeks after receiving the final documents. We understand that GeoEngineers is just b'egirming their evaluation of the Briscoe-Desimone Segment and that they expect to issue a draft FEMA Certification Report and CLOMR Application in mid April 2011. We anticipate that final documents will be issued in May 2011. Cost Estimate We will perform the above scope of service on a time and materials basis based on the attached Fee Schedule and Payment Terms. Based on the information known to us,we estimate that the cost of performing the services outlined above will:be approximately$19,342. A breakdown of the estimated costs is included in the attached table. Invoices will be submitted monthly based on the services performed as of the end of each billing,period. Mr. Ken Langholz 3 February 2,2011 Task Staff Hours Rate Cost 1. Review of Draft FEMA Senior Project 8 $229 $1,832 Certification Report Manager (A. Pujol) 30 $172 $5,160 Senior Engineer J.Nickerson 2. Review of Draft CLOMR Senior Project 4 $229 $916 Application Manager (A.Pujol) 16 $172 $2,752 Senior Engineer J.Nickerson 3. Summary Memorandum Senior Project 4 $229 $916 Manager (A. Pujol) 16 $172 $2,752 Senior Engineer J.Nickerson 4. Review of Final FEMA Senior Project 4 $229 $916 Certification Report and Manager CLOMR Application (A.Pujol) 16 $172 $2,752 Senior Engineer J.Nickerson 5. Coordination Senior Project 2 $229 $458 Manager (A.Pujol) 4 $172 $688 Senior Engineer J.Nickerson 6. Direct Expenses $200 Total: 104 $19,342 Terms and Conditions Our work will be performed in accordance,the'terms and conditions negotiated by the City of Kent and GEI Consultants, Inc. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions. Sincerely, GEI CONSULTANTS,INC. W Alberto Pujol,P.E. Vice President, Project Manager Attachments: GEI Fee Schedule and Payment Terns FEE SCHEDULE AND PAYMENT TERMS �.J L IS, Gr�. FEE SCHEDULE Hourly Billing Rate Personnel Category $per hour Staff Professional—Grade 1! $ 94 Staff Professional—Grade 2. $104 Project Professional-Grade 3 $114 Project Professional—Grade 4 $ 127 Senior Professional—Grade 5 $ 151 Senior Professional—Grade 5 $ 172 Senior Professional—Grade 7 $204 Senior Consultant—Grade 8 $229 Senior Consultant—Grade 9 $282 Senior Principal—Grade 10 $282 Senior CADD Drafter and Designer - $ 114 CADD Drafter/Designer and Senior Technician $ 104 Technician,Word Processor,Administrative Staff $ 84 Office Aide - - $ 67 These rates are billed for both regular and overtime hours in all categories. Rates will increase up to S%annually,at GEI's option, for all contracts that extend beyond twelve(12)months after the date of the contract. OTHER PROJECT COSTS Subconsultants, Subcontractors and Other Pro ect Expenses - All costs for subconsultants, subcontractors and other project expenses will be billed at cost plus a /n service charge. Examples of such expenses ordinarily charged to 1/7/Il to projects are subcontractors; subeoosuljants: chemical laboratory charges; rented or leased field and laboratory equipment;outside printing and reproduction;communications and mailing charges;reproduction expenses;shipping costs for samples and equipment;disposal of samples;rental vehicles; fares for travel on public carriers;special fees for insurance certificates,permits, licenses, etc.; fees for restoration of paving or land due to field exploration, etc.; state sales and use taxes and state taxes on GEI fees. Billing Rates for CADD and Specialized Technical Computer Programs — Computer usage for CADD and specialized technical programs will be billed at a flat rate of$10.00 per hour in addition to the labor required to operate the computer. Field and Laboratory Equipment Billing Rates — GE[-owned field and laboratory equipment such as pumps, sampling equipment, monitoring instrumentation, field density equipment, portable gas chromatographs, etc, will be billed at a daily,weekly,or monthly rate,as needed for the project.Expendable supplies are billed at a unit rate. Transportation and Subsistence-Automobile expenses for GEI or employee owned cars will be charged at the rate per mile set by the Internal Reveime Service for tax purposes plus tolls and parking charges. When required for a project, four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for those vehicles. Per diem living costs for personnel on assignment away from their home office will be negotiated for each project. PAYMENTTERMS Invoices will be submitted monthly or upon completion of a specified scope of service,as described in the accom- panying contract(proposal,project,or agreement document that is signed and dated by GEI and CLIENT). Payment is due upon receipt of the invoiQ{e,�t rest will accrue at the rate of 1%of the invoice amount per month,for t d amounts that remain unpaid more than ledays after the invoice date. All payments will be made by either check or 77 BO electronic transfer to the address specified by GEI and will include reference to GEI's invoice number. Standard Fee Schedule 2011 Effective January 1,2011 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 Li ability 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 Agenda Item: Consent - 73 TO: City Council DATE: February 15, 2011 SUBJECT: GEI Consultants Contract, Boeing Levee Conditional Letter of Map Revision (CLOMR) Review - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map revision for the Boeing Levee Project, in an amount not to exceed $14,528, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In January 2011 the City Council approved consultant services agreements for preparation of CLOMRs to the Federal Emergency Management Agency (FEMA) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. EXHIBITS: Public Works Memo dated 1/28/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No unbudgeted fiscal impacts, this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. 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: January 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Alex Murillo, Environmental Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract with GEI Consultants - CLOMR Review Boeing Levee Project Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map Revision for the Boeing Levee Project in an amount not to exceed $14,528 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Boeing Levee is located on the east bank of the Green River between S. 200th Street and S. 212th Street. In January 2011 the City Council approved consultant service agreements for preparation of Conditional Letters of Map Revision (CLOMR) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the Federal Emergency Management Agency (FEMA) is the first step towards removing areas behind the levees from the flood hazard area. These consultants have started their work with the goal of submitting completed CLOMRs by July 2011. The CLOMR review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. Therefore, it is imperative that the application submitted to FEMA be as complete and accurate as possible. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. The consultant selected for this peer review work has extensive experience with the FEMA certification process and is the City's primary certification consultant on the SR 516 to 231't Way levee segment. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. KENT was I c.o, CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612, Phone: (510) 350-2908/Fax: (510) 350-2901, Contact: Alberto Pujol (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 peer review services for the Boeing Levee 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 Fourteen Thousand, Five Hundred Twenty Eight Dollars ($14,528.00) 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 hag 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: Albert Pujol Timothy J. LaPorte, P.E GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2908 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEF Boeing levee/Helock 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 I Rtt \J Geotechnical Environmental January 28, 2011 Water Resources Ecological Mr. Toby Hallock City of Kent Public Works Department . 220 Fourth Avenue South Kent,WA 98032 RE: Proposal for Peer Review Engineering Services Green River Levee Certification-Boeing Levee Segment City of Kent,Washington Dear Mr. Hallock: We are pleased to submit this proposal to provide peer review engineering services for the right bank Green River levee between South 200th Street and South 212th Street,designated the Boeing Levee. Our proposed scope of work is based on the telephone conversation between you and GEI's Mr.Jun Nickerson on January 21, 2011. Project Understanding The City of Kent(City)has initiated an engineering evaluation and certification process for the levee along the right bank of the Green River,with the overall objective of obtaining Federal Emergency Management Agency (FEMA) accreditation of the levee in its Flood Insurance Rate Maps (FIRMS) for the area. The City has divided the levee into six reaches and has engaged several consulting firms to prepare levee evaluation and certification packages. We understand that the City intends to submit certification packages to FEMA in mid to late June 2011. The levee reach designated as the Boeing Levee extends from South 200th Street to South 212th Street,a length of approximately one mile. The City of Kent has engaged Tetra Tech to evaluate the levee and prepare a FEMA certification package. www.geiconsuhants.com GEI Consultants,Inc. 180 Grand Avenue,Suite 1410,C aldand,CA 94612 510.350.2900 fax:510,350.2900 Mr. Toby Hallock 2 January 28, 2011 Scope of Work The scope of work for this project involves providing a peer review of the CLOMR and levee Certification package for the Boeing Levee segment being prepared by Tetra Tech. Our review will be focused on the completeness of the submittal and overall appropriateness of procedures, design criteria, assumptions and basic analysis parameters. Our proposed scope of work is as follows: 1. Review of Draft FEMA Certification Report: We will review the report and supporting documents provided to us by the City of Kent. We anticipate the report will include a narrative and supporting calculations documenting that the levee meets the requirements of 44 CFR 65.10 of the NFIP Regulations. We expect this will include topographic mapping, freeboard profiles,embankment seepage and stability analysis, settlement evaluation,erosion protection evaluation,'closure structure evaluations and an interior drainage evaluation. Our technical review will be limited to assumptions, procedures,results and conclusions. We will not be providing a detailed check of calculation or models. We will not be conducting our own independent calculations or models. 2. Review of Draft CLOMR Application: We will review the CLOMR MT-2 application forms and documentation that will be submitted to FEMA. We expect this will include the report included in Task 1 above and a completed set of the FEMA MT- 2 CLOMR application forms. We assume this review will be performed concurrently with Task 1. 3. Summary Memorandum: We will prepare a letter memorandum summarizing our review comments. 4. Review of Final FEMA Certification Report and CLOMR Applications: We will review the final report and CLOMR application to back check that our review comments have been addressed. We expect that the comments will have been addressed and that we will issue a one page memorandum documenting our concurrence. 5. Coordination: We will coordinate with the City of Kent and its consultants as requested by the City during the review. We will participate in meetings with FEMA as requested. We assume that all meetings and discussions will occur by teleconference and that no travel will occur. Mr. Toby Hallock 3 January 28, 2011 Schedule We expect to complete our review about two weeks after receiving the draft documents. We expect to complete our final review about two weeks after receiving the final documents. We understand that Tetra Tech is just beginning their evaluation of the Boeing Levee and that they expect to issue a draft FEMA Certification Report and CLOMR Application in early May. We anticipate that final documents will be issued in late May. Cost Estimate We will perform the above scope of service on a time and materials basis based on the attached Fee Schedule and Payment Terms. Based on the information known to us,we estimate that the cost of performing the services outlined above will be approximately $14,528. A breakdown of the estimated costs is included in the attached table. Invoices will be submitted monthly based on the services performed as of the end of each billing period. Task Staff Hours Rate Cost 1. Review of Draft FEMA Senior Project 6 $229 $1,374 Certification Report Manager (A. Pujol) 24 $172 $4,128 Senior Engineer J. Nickerson 2. Review of Draft CLOMR Senior Project 2 $229 $458 Application Manager (A. Pujol) 10 $172 $1,720 Senior Engineer J. Nickerson 3. Summary Memorandum Senior Project 4 $229 $916 Manager (A. Pujol) 12 $172 $2,064 Senior Engineer J. Nickerson) 4. Review of Final FEMA Senior Project 2 $229 $458 Certification Report and Manager CLOMR Application (A. Pujol) 12 $172 $2,064 Senior Engineer (J. Nickerson) 5. Coordination Senior Project 2 $229 $458 Manager (A. Pujol) 4 $172 $688 Senior Engineer J. Nickerson 6. Direct Ex eases $200 Total: 78 $14,528 Mr. Toby Hallock 4 January 28, 2011 Terms and Conditions Our work will be performed in accordance the terms and conditions negotiated by the City of Kent and GEI Consultants,Inc. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions. Sincerely, GEI CONSULTANTS,INC. 4�+ ' Alberto Pujol,P.B. Vice President,Project Manager Attachments: GEI Fee Schedule and Payment Terms FEE SCHEDULE AND PAYMENT TERMS GEI FEE SCHEDULE Hourly Billing Rate Personnel Category $per hour Staff Professional—Grade 1 $ 94 Staff Professional—Grade 2 $104 Project Professional—Grade 3 $ 114 Project Professional—Grade 4 $127 Senior Professional—Grade 5 $ 151 Senior Professional—Grade 6 $172 Senior Professional—Grade 7 $204 Senior Consultant—Grade 8 $229 Senior Consultant—Grade 9 $282 Senior Principal—Grade 10 $282 Senior CADD Drafter and Designer $ 114 CADD Drafter/Designer and Senior Technician $ 104 Technician,Word Processor,Administrative Staff $ 84 Office Aide $ 67 These rates are billed for both regular and overtime hours in all categories. Rates will increase up to 5%annually, at GEI's option, for all contracts that extend beyond twelve(12)months after the date of the contract. OTHER PROJECT COSTS @.% Subeonsultants, Subcontractors and Other Pr;ett Expenses - All costs for subconsuitants, subcontractors and otherproject expenses will be billed at cost plus aservice charge. Examples of such expenses ordinarily charged 1/7/11 to projects are subcontractors; subeonsultants: chemical laboratory charges; rented or leased field and laboratory equipment;outside printing and reproduction;commnnications and mailing charges;reproduction expenses; shipping costs for samples and equipment; disposal of samples; rental vehicles;fares for travel on public carders; special fees for insurance certificates,permits, licenses, etc.; fees for restoration of paving or land due to field exploration, etc.; state sales and use taxes and state taxes on GEI fees. Billing Rates for CARD and Specialized Technical Computer Programs — Computer usage for CADD and specialized technical programs will be billed at a flat rate of$10.00 per hour in addition to the labor required to operate the computer. Field and Laboratory Equipment Billing Rates — GEI-owned field and laboratory equipment such as pumps, sampling equipment, monitoring instrumentation, field density equipment,portable gas chromatogmphs, etc. will be billed at a daily,weekly,or monthly rate,as needed for the project,Expendable supplies are billed at a unit rate. Transportation and Subsistence-Automobile expenses for GEI or employee owned cars will be charged at the rate per mile set by the Internal Revenue Service for tax purposes plus tolls and parking charges. When required for a project,four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for those vehicles. Per diem living costs for personnel on assignment away from their home office will be negotiated for eaeb project. PAYMENTTERMS Invoices will be submitted monthly or upon completion of a specified scope of service, as described in the accom- panying contract(proposal,project,or agreement document that is signed and dated by GEI and CLIENT). Payment is due upon receipt of the invoi e. filrest will accrue at the rate of I%of the invoice amount per month,for amounts that remain unpaid more than Clays after the invoice date. All payments will be made by either check or 1/7/(1 electronic transfer to the address specified by GEI and will include reference to GEi's invoice number. Standard Fee Schedule201t Effective January 1,2011 KENT Agenda Item: Consent - 7K TO: City Council DATE: February 15, 2011 SUBJECT: Tetra Tech Contract, Lower/Lowest Russell Road Levee Conditional Letter of Map Revision (CLOMR) Review - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map revision for the Lower/Lowest Russell Road Levee Project, in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Lower/Lowest Russell Road Levee is located on the east bank of the Green River between S. 231st Way and S. 212th Street. In January 2011 the City Council approved consultant services agreements for preparation of CLOMRs to the Federal Emergency Management Agency (FEMA) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. EXHIBITS: Public Works Memo dated 1/28/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No unbudgeted fiscal impacts, this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. 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: January 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract with Tetra Tech Inc. - CLOMR Review Lower/Lowest Russell Road Levee Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map Revision for the Lower/Lowest Russell Road Levee Project in the amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Lower/Lowest Russell Road Levee is located on the east bank of the Green River between S. 231't Way and S. 212th Street. In January 2011 the City Council approved consultant service agreements for preparation of Conditional Letters of Map Revision (CLOMR) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the Federal Emergency Management Agency (FEMA) is the first step towards removing areas behind the levees from the flood hazard area. These consultants have started their work with the goal of submitting completed CLOMRs by July 2011. The CLOMR review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. Therefore, it is imperative that the application submitted to FEMA be as complete and accurate as possible. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. The consultant selected for this peer review work has extensive experience with the FEMA certification process and is the City's primary certification consultant on the Boeing Levee segment. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. KENT WASHINGTON 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 California, located and doing business at 17885 Von Karman Ave., Suite 500, Irvine, CA 92614, Phone: (949) 809-5900/Fax: (949) 809-5010, Contact: Patti Sexton (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 peer review services of the CLOMR and levee certification package for the Russell Road Levee Project. For a description, see the Consultant's February 2, 2011 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 Thirteen Thousand, Seven Hundred Two Dollars ($13,702.00) 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. i 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 VPI 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$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered belows CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Patti Sexton Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 17885 Von Karman Ave., Suite 500 220 Fourth Avenue South Irvine, CA 92614 Kent, WA 98032 (949) 809-5900 (telephone) (253) 856-5500 (telephone) (949) 809-5010 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Tetra Tech-Rw$ell Ra/M.df.i 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,'o.r 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 TETRATECH February 2, 2011 Mark Madfai City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 RE: Scope of Work and Fee Estimate for Peer Review of the Russell Road Levee Project Dear Beth: Based on your request dated February 2,2011,please find below our Scope of Work and Fee Estimate for the Peer Review of the Conditional Letter of Map Revision(CLOMR)package for the Russell Road Levee Project. If you have any questions, feel free to contact me at 949.809.5099. Sincerely, Patti Sexton, P.E. Project Manager SCOPE OF WORK General The project involves peer review of the CLOMR and levee certification package for the Russell Road Levee Project. The levee is located along the Green River between 23In Way and 212,h Street. The purpose of the peer review is to provide the City,;w,ith Tetra Teeh's opinion as to the completeness of the submittal and overall appropriateness of procedpre§,design criteria,assumptions and basic analysis parameters. Task I -Initial Review of Submittal Package • Review the material provided to see if there are any basic information gaps • If there are gaps,a memo will be prepared describing the gaps. Tetra Tech will not proceed to go into the next level of review for information in a particular area or discipline,until the missing information is provided. If sufficient information is provided,Tetra Tech will proceed immediately with subsequent tasks. • The effort will take approximately 2 days to complete after receiving the information 17885 Von Karman Avenue,Suite 500,Irvine,CA 92614 Tel:949.809.5900 Fax;949.809.5010 v .tetmtechxcnn TETRATECH "Task 2-Requirements of NFIP 65.10 • Review technical information to ensure that the requirements of Section 65.10 of the NFIP Regulations are met. Results of the review will be documented in a memorandum. • It is assumed that a draft and final version of the submittal will be reviewed. • The effort for this task consists of conducting the actual peer review. The review of the draft submittal is expected to take 1'/x to 2 weeks to complete after receiving all required information. Task 3-Supporting CLOMR Documentation • Review report to ensure that supporting documents required for a FEMA submittal are included such as reports certified by a professional engineer,topographic mapping, freeboard profiles. • Review will require a completed set of the FEMA MT-2 CLOMR application forms. • Results of the review will be document in a memorandum. • It is assumed that a draft and final version of the submittal will be reviewed. • This work will be performed concurrently with Task 2. Task 4-Coordination • Coordinate with the City of Kent during,the'review and its consultants as requested by the City. • Participate in meetings with FEMA as requested. Assumptions The following are assumptions concerning the scope of work and the resulting level of effort in the cost estimate. I. No review of the hydrology or Hydraulics will be performed—it is Tetra Tech's understanding that this has been reviewed and accepted by FEMA. 2. Tetra Tech will not be executing any model runs or performing detailed technical review of model results. Tetra Tech will have a copy of the hydraulic models solely to verify information provided in the FEMA application forms. 3. There will not be a site visit or in person meetings required of this staff. If pictures or other information is needed to provide Tetra Tech with an understanding of site conditions,City staff will obtain this information. Meetings will be conducted by teleconference. 4. Review comments will be provided on the report and supporting analyses. 5. There are no closure structures.or other structures beyond the levee embankment. 6. Per City policy,the work will be conductedmder a cost reimbursable not to exceed contract. FEE ESTIMATE Role Hourly Rate Hours Total Senior Project Manager $210.50 60 $12,630 Project Engineer $134 8 $1,072 GRAND TOTAL $13,702 17885 Von Karman Avenue,Suite 500,Irvine,CA 92614 Tel:949,809.5900 Fax:949.809.5010 www.tetratech.com 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 sha,11 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 Agenda Item: Consent - 7L TO: City Council DATE: February 15, 2011 SUBJECT: Tetra Tech Contract, SR 516 to S. 2315t Way Levee Conditional Letter of Map Revision (CLOMR) Review - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map revision for the SR 516 to S. 231st Way Levee Project, in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This levee is located on the east bank of the Green River between SR 516 to S. 231st Way. In January 2011 the City Council approved Consultant services agreements for preparation of CLOMRs to the Federal Emergency Management Agency (FEMA) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. EXHIBITS: Public Works Memo dated 1/28/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No unbudgeted fiscal impacts, this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. 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: January 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Beth Tan, Environmental Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/ Tetra Tech Inc. - CLOMR Review State Route 516 to 23V Way Levee Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map Revision for the State Route 516 to 23V Way Levee Project in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: This levee segment is located on the east bank of the Green River between State Route 516 and S. 231't Way. In January 2011 the City Council approved consultant service agreements for preparation of Conditional Letters of Map Revision (CLOMR) for the remaining segments of the east bank of the Green River within Kent. Preparing and submitting CLOMRs to the Federal Emergency Management Agency (FEMA) is the first step towards removing areas behind the levees from the flood hazard area. These consultants have started their work with the goal of submitting completed CLOMRs by July 2011. The CLOMR review process by FEMA can be arduous and time consuming. Submitting an incomplete or incorrect application can cause long delays in the approval process extending the time that property owners are required to purchase costly flood insurance. Therefore, it is imperative that the application submitted to FEMA be as complete and accurate as possible. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. The consultant selected for this peer review work has extensive experience with the FEMA certification process and is the City's primary certification consultant on the Boeing Levee segment. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. KENT 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 California, located and doing business at 17885 Von Karman Ave., Suite 500, Irvine, CA 92614, Phone: (949) 809-5900/Fax: (949) 809-5010, Contact: Patti Sexton (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 peer review services of the CLOMR and levee certification package for the SR 516 to S. 2311t Way Levee Project. For a description, see the Consultant's January 21, 2011 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 Thirteen Thousand, Seven Hundred Two Dollars ($13,702.00) 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 far 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 TI:ofthis 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: Patti Sexton Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 17885 Von Karman Ave., Suite 500 220 Fourth Avenue South Irvine, CA 92614 Kent, WA 98032 (949) 809-5900 (telephone) (253) 856-5500 (telephone) (949) 809-5010 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Tetra Tech-SR 516�231°/7an 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. S. 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 TETRATECH EXHIBIT A January 21,2011 Beth Tan, P.E. City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 RE: Scope of Work and Fee Estimate for Peer Review of the SR-516 to 231" Street Levee Project Dear Beth: Based on your request dated January 20,2011, please find below our Scope of Work and Fee Estimate for the Peer Review of the Conditional Letter of Map Revision (CLOMR) package for the SR-516 to 231" Street Levee Project. If you have any questions, feel free to contact me at 949.809.5099, Sincerely, Patti Sexton, P.E. Project Manager SCOPE OF WORK General The project involves peer review of the CLOMR and levee certification package for the SR-516 to 231" Levee Project. The levee is located along the Green River between SR-516 and 231" Street. 'The purpose of the peer review is to provide the City with Tetra Tech's opinion as to the completeness of the submittal and overall appropriateness of procedures, design criteria, assumptions and basic analysis parameters. Task 1 - Initial Review of Submittal Package e Review the material provided to see if there are any basic information gaps • If there are gaps, a memo will be prepared describing the gaps.Tetra Tech will not proceed to go into the next level of review for information in a particular area or discipline, until the missing information is provided. If sufficient information is provided,Tetra Tech will proceed immediately with subsequent tasks. • The effort will take approximately 2 days to complete after receiving the information Task 2- Requirements of NF1P 65.10 • Review technical information to ensure that the requirements of Section 65.10 of the NFIP Regulations are met. Results of the review will be documented in a memorandum. 17885 Von Karman Avenue,Suite 500,Irvine,CA 92614 Tel,949.809.5900 Fax.949.809.5010 www.tetratechxom TETRATECH • It is assumed that a draft and final version of the submittal will be reviewed. • The effort for this task consists of conducting the actual peer review. The review of the draft submittal is expected to take 1'/z to 2 weeks to complete after receiving all required information. Task 3- Supporting CLOMR Documentation • Review report to ensure that supporting documents required for a FEMA submittal are included such as reports certified by a professional engineer,topographic mapping, freeboard profiles. • Review will require a completed set of the FEMA MT-2 CLOMR application forms. • Results of the review will be document in a memorandum. • It is assumed that a draft and final version of the submittal will be reviewed. This work will be performed concurrently with Task 2. Task 4- Coordination • Coordinate with the City of Kent during the review and its consultants as requested by the City. • Participate in meetings with FEMA as requested. Assumptions The following are assumptions concerning the scope of work and the resulting level of effort in the cost estimate. I. No review of the hydrology or hydraulics will be performed—it is Tetra Tech's understanding that this has been reviewed and accepted by FEMA. 2. Tetra Tech will not be executing any model runs or performing detailed technical review of model results. Tetra Tech will have a copy of the hydraulic models solely to verify information provided in the FEMA application forms. 3. There will not be a site visit or in person meetings required of this staff. If pictures or other information is needed to provide Tetra Tech with an understanding of site conditions, City staff will obtain this information. Meetings will be conducted by teleconference. 4. Review comments will be provided on the report and supporting analyses. 5. There are no closure structures (beyond flapgates on storm drains)or other structures beyond the levee embankment. 6. Per City policy,the work will be conducted under a cost reimbursable not to exceed contract. FEE ESTIMATE Role Hourly Rate Hours Total Senior Project Manager $210.50 60 $12,630 Project Engineer $134 S $1,072 GRAND TOTAL $13,702 17885 Von Karman Avenue,Suite 500,Irvine,CA 92614 Tel 949.809.5900 Fax,949.809.5010 w .tetratech.com 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 Agenda Item: Consent — 7M TO: City Council DATE: February 15, 2011 SUBJECT: Waste Reduction and Recycling (WRR) Grant Amendment — Authorize MOTION: Authorize the Mayor to sign an Amendment to the Waste Reduction and Recycling Grant Agreement for 2010/2011, in an amount not to exceed $11,895 and amend the budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling (WRR) grant funds special recycling events for residents and businesses to recycle hard-to-recycle material. The grant also allow the City to encourage the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels. EXHIBITS: Public Works Memo dated 1/27/11 and Contract Amendment RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Revenue - This amendment provides an additional $11,895 to the existing $81,490 in grant funds as a result of the City's 2010 Panther Lake Annexation. 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: January 27, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director and Michael Mactutis, P.E., Environmental Engineering Manager Subject: Waste Reduction and Recycling (WRR) Grant Amendment Item - 6 Motion: Move to recommend Council authorize the Mayor to sign an amendment to the Waste Reduction and Recycling Grant Agreement for 2010/2011, in an amount not to exceed $11,895 and amend the budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The King County WRR Grant funds special recycling events for residents and businesses to collect hard-to-recycle materials; purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels; assistance to and recognition of the commercial sector for increased waste diversion and recycling. This amendment provides $11,895 in additional Waste Reduction and Recycling Grant funds to the City as a result of the City's 2010 Panther Lake Annexation. Budget Impact: The City will receive $11,895 in addition to the original $81,490 for a total of $93,385, which will be used for special recycling events. CONTRACT AMENDMENT Page I of I Pages Project Name 2010-2011 W" Grant Program Contract No. D39900D Agency/Contractor City of Kent Date Entered Jan. 1, 2010 Amendment No. 1 220 4"'Ave So Date Entered Jan. 15, 2011 Address Kent WA 98032 AMENDMENT REQUESTED BY: AMENDMENT AFFECTS: ('X" applicable items) Solid Waste Division x Scope of Services Method of Payment Organization Time of Performance Reliance Ifevin Kiernan, Director x Compensation Terms & Conditions Name Results of Services NECESSITY This amendment provides $11,895 in additional WR/R grant funds to the City FOR CHANGE of Kent in response to the City's 2010 Panther Lake Annexation Area, and updates the City's 2010-2011 WR/R grant agreement with a revised 2011 scope of services, as described in Exhibit A-Revised for 2011, Scope of Work. REPLACE Section II.B.1, third paragraph WITH The City of Kent`s estimated grant funds for 2011 are $93,385. 2011 funds are not available until January 1, 2011. REPLACE Exhibit A WITH Attached Exhibit A-Revisedfor 2011. Changes are shaded. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. ACKNOWLEDGEMENT AND ACCEPTANCE KING COUNTY,WASHINGTON Agency/Contractor By By Kevin Kiernan, Division Director For Dow Constantine, King County Title Executive Date Date Exhibit A-Revised for 2011 King County Waste Reduction and Recycling Grant Program City of Kent 2010/11 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Ms. Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX - (253) 856-6500 Email—ghungerford@ci.kent.wa.us 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 TEL - (206) 938-8262 FAX - (206) 938-9873 Email—pauldevine@msn.com 4. Budget: 2010 $81,490.00 2011 $81,490.00 plus $11,895.00 for Panther Lake annexation = $93,385.00 2010/2011 total: $174,875.00 B. Scope of Work Task One: Recycling Collection Events A. Schedule - Spring and Fall, 2010/11 B. Task Activities • Total Number of Recycling Collection Events—Four • Appliances • Refrigerators and Freezers 1 Exhibit A-Revised for 2011 • Ferrous Metals • Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick** •Tires • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Computer Monitors++ • TV Sets++ • Bulky Yard Debris* • Scrap Wood* • Mattresses. • Styrofoam *Collected in the spring ** Collected in the fall +User fees apply ++City may not collect and refer residents to E-Cycle sites • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a notice at City Hall and on the City cable channel and City web site (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. 2 Exhibit A-Revised for 2011 C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2010/11 volumes and vehicles with prior year's events D) Task Budget: $19,390.00 Budget Catagory 2010111 2011 2010 2010 2011 TOTAL WRR LHWMP CPG WRR WRR City Staff Costs $600.00 $800.00 $3,000.00 $600.00 $0.00 $4,400.00 Contractor/Staffing Costs $4,000.00 $8,669.91 $6,100.00 $2,000.00 $2,000.00 $17,759.91 Event Staff Costs $0.00 $1,760.00 $4,400.00 $0.00 $0.00 $6,160.00 Collection/Hauling Costs $0.00 Wood Waste $1,100.00 $0.00 $900.00 $400.00 $700.00 $2,000.00 Scrap Metal,Appliances,etc. $2,600.00 $0.00 1 $4,300.00 $1,200.00 $1,400,00 $6,900.00 Concrete $1,150.00 $0.00 $900.00 $400.00 $750.00 $2,060.00 Paper Shredding $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tires $2,200.00 $0.00 $0.00 $600.00 $1,700.00 $2,200.00 Mattreses $1,200.00 $0.00 $0.00 $600.00 $600.00 $1,200.00 Styrofoam $1,000.00 $0.00 $0.00 $600.00 $400.00 $1,000.00 Used Oil/Antifreeze/etc. $0.00 $2,900.00 $0.00 $0.00 $0.00 $2,900.00 Batteries $0.00 $1,500.00 $0.00 $0.00 $0.00 $1,600.00 Printing/Mailing $4,040.00 1 $6,400.00 $9,900.00 $0.00 $4,040.00 $20,340.00 Event Supplies $500.00 $700.00 $0.00 $500.00 $0.00 $1,200.00 Other Expenses-rentals,etc $1,000.00 $1,383.42 $0.00 $1,000.00 $0.00 $2,383.42 TOTALS $19,390.00 1 $24,103.33 $28,600.00 $7,800.00 $11,590.00 $71,993.33 NOTE: Hourly rates for consultants are as follows: Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 45,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 180-200 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a population of roughly 115,000. The City expects, based on past events, that 1,800-2,200 households will actively participate each year by bringing recyclable materials to the event for proper disposal and 3 Exhibit A-Revised for 2011 recycling. This will result in 180-200 tons of material diverted from the local waste stream for recycling each year. In addition to diverting materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the knowledge of residents and improve behavior in purchase,handling, and disposal of recyclable materials. Task Two: Business Recycling Program A) Task Schedule: 2010/11 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. Program Activities: 1) Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses three times a year. 2) Kent Business Collection Events • Total Number of Business Recycling Events—Two • Task Description - The City will implement two Business Recycling Events. The events will be held on a summer weekday at a central location in Kent. • 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 4 Exhibit A-Revised for 2011 • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods: • By distributing a promotional flyer through direct mailings. • By notices in City/community newsletters/and local newspapers (whenever possible). • By posting a notice at City Hall and on the City cable channel (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. • Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • 'Event cost by budget category • Graphic or tabular comparison of 2010/11 volumes and vehicles with prior year's events 3) Kent Business Assistance To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition, the City will provide assistance to City businesses on an on-call basis. 4) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 5 Exhibit A-Revised for 2011 C) Task Budget: $62,380.00 Business Budget Category R$2,000.00 2011 201.0/11 Cost Total Promotional inserts/flyers Production and Graphics $2,000.00 $4,000.00 Printing costs $2,000.00 $4,000.00 Sorting/Mailing costs $1,600.00 $3,200.00 Business Collection Event Consultant staff $1,500.00 $1,500.00 $3,000.00 Project Vendors $800.00 $1,400.00 $2,200.00 Event Promotion $500.00 $600.00 $1,100.00 Other Costs $150.00 $350.00 $500.00 Business Assistance To include: Educational material distribution $10,500.00 $10,500.00 $21,000.00 Business consultations reports $1,500.00 $1,500.00 $3,000.00 Follow-up calls to businesses $4,340.00 $4,340.00 $8,680.00 Program Promotion $500.00 $500.00 $1,000.00 Business Recognition Program Planning/Implemention $1,500.00 $1,500.00 $3,000.00 Program Promotion $1,000.00 $1,000.00 $2,000.00 Other Costs $350.00 $350.00 $700.00 Business Web Site Web Site Assistance 2,500.00 2,500.00 5,000.00 TOTALS $30,740.00 $31,640.00 $62,380.00 The business program will be funded primarily with use of King County WRR grant funds but the Business Recycling Collection Event will be funded with King County WRR grant funds and WA State DOE CPG funds. Hourly rates for consultants are as follows: Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses three times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) The City plans to send out approximately 3,600 promotional flyers to Kent businesses per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 45-55 tons of material from the Kent businesses waste stream over a two-year period. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. 3) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; the number of businesses 6 Exhibit A-Revised for 2011 receiving information; and the number of businesses beginning or expanding recycling activities. 4) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing a Kent business(s) that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, and hosting Business Collection Events, Kent can reduce the amount of recyclable material finding their way to . the local landfill. The City of Kent has an employee population of roughly 65,000. The City expects that 135-155 businesses will actively participate in the Business Collection Event each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 45-55 tons of material from the Kent businesses waste stream over a two- year period. In addition to diverting materials from the City waste stream, providing information to Kent business at events provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2010/11 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events, and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian through direct mailings, Recycling City events, and door-to-door delivery. 7 Exhibit A-Revised for 2011 C) Task Budget: $18,600.00 Multifamily Budget Category 2010 Cost 2011 Cost 2010/11 Total Provide Assistance and Follow-up 7,000.00 $8,000.00 $16,000.00 Web Site Assistance 1,000.00 1,000.00 2,000.00 Program Promotion 800.00 800.00 1,600.00 TOTAL 8,800.00 9,800.00 18,600.00 The business program will be funded with use of King County WRR grant funds.Hourly rates for consultants are as follows: Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost Bin Distribution A)Task Schedule: Spring, 2010/11 B) Task Activities: • Total Number of Compost Bin Sales—Two • Task Description - The City will implement two backyard compost bin distribution events in conjunction with the Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost bins and educational materials on grasscycling and backyard composting to Kent. Residents will be charged a user fee for bins of$20.00. • Promote the program through the City of Kent website and event flyers. • Purchase and distribute approximately 400 backyard compost bins. • Purchase and distribute up to 400 educational booklets on backyard composting. 8 Exhibit A-Revised for 2011 C) Task Budget: $20,200.00 ESTIMATED COSTS 2010 Cost 2011 Cost 2010l11 Total Staff Cost $450.00 $600.00 $1,050.00 Administration and Supplies $250.00 $300.00 $650.00 Consultant and Contractor Services $3,650.00 $4,200.00 $7,850.00 Compost Bins $8,500.00 $10,350.00 $18,850.00 Estimated Bin Income-400 bins @$20 each 73,900.00 $4,200.00 -$8,100.00 Total $8,950.00 , $11,250.00 $20,200.00 Hourly rates for consultants are as follows: Project Manager - $70.00 and Event Staff - $55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Backyard composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. E) Task Impact Objectives: As a result of the Compost Bin Sale, the City of Kent will: • Reduce the residential waste stream by up to an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. • The City will monitor the program by reporting the following: Number of backyard compost bins distributed. -The estimated amount of yard debris diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. 9 Exhibit A-Revised for 2011 Task Five: Purchase Products Made From Recycled Materials A) Task Schedule: 2010/11 B) Task Activities: In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycled content rain barrels and other items for distribution. The rain barrels weigh approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2010 and 2011. It is expected that the City will purchase and distribute 400 recycled content rain barrels over the two- year period. The City will sell the bins for $35-$40 each. C) Task Budget: $40,885.00 Recycled Product Purchase 2010 Cost 2011 Cost 2010/11 Total Recycled Content Products $26,230,00 $28,655.00 $54,885.00 Estimated Bin Income-200 bins @$35 each -$5,950.00 -$8,050.00 -$14,000.00 TOTAL 1 $20,280.00 $20,605.00 $40,885.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City will distribute the rain barrels to City residents to help promote recycled products. The City will promote the rain barrel sale the City Recycling Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. 10 Exhibit A-Revised for 2011 Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter,2010/11 B) Task Activities: • Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2010 Cost 2011 Cost 2010/1 1 Totai Supplies/equipment $2,502.00 $2,500.00 $5,000.00 Project Staffing $1,500.00 $1,500.00 $3,000.00 Total $4,000.00 $4,000.00 1 $8,000.00 D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: -Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 11 Exhibit A-Revised for 2011 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER 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; and • Prepare final report. Task Budget: $5,420.00 King County WRR Grant 2010 2011 2010/11 Total 1. Program Management $1,520.00 $2,100.00 $3,620.00 2. Project Expenses a. Mileage $250.00 $350.00 $600.00 b.Supplies $600.00 $700.00 $1,200.00 TOTAL $2,270.00 $3,150.00 $6,420.00 12 KENT Agenda Item: Consent - 7N TO: City Council DATE: February 15, 2011 SUBJECT: Local Hazardous Waste Management Program Grant - Authorize MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Grant for 2011 in the amount of $24,103.33 and establish a budget to receive the grant funds and to allow expenditures for grant purposes, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle/King County Health Department's Local Hazardous Waste Management Program (LHWMP) Grant is used to fund collection of hazardous waste at two special recycling collection events for residents and businesses. EXHIBITS: Public Works Memo dated 1/27/11 and King County Contract for Services #D40598D EHS 1830. RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Revenue - The City will receive $24,103.33 - no match required. This grant fully funds the two special events that the City of Kent hosts. 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: January 27, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 7, 2011 From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Mike Mactutis, P.E. Environmental Engineering Manager Subject: Seattle-King County Health Department Local Hazardous Waste Management Program (LHWMP) - Grant Item - 7 Motion: Move to recommend Council authorize the Mayor to accept the Local Hazardous Waste Management Program Grant for 2011 in an amount not to exceed $24,103.33 and establish a budget accordingly, subject to terms and final conditions acceptable to the City Attorney and Public Works Director. Summary: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at two special recycling collection events for residents and businesses, as described in the attached Grant Agreement's Scope of Work. Budget Impact: The City will receive $24,103.33. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the two events the City hosts. Public Health a Seattle & King County King County Contract No. D40598D EHS1830 Federal Taxpayer ID No. 91-1355875 This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION — 2011 Department Seattle-King County Dept. of Public Health (a.k.a. Public Health — Seattle & King Division County)/EHS Contractor City of Kent Project Title Local Hazardous Waste Management Program Contract Amount Twenty Four Thousand One Hundred Three Dollars and Thirty Three Cents $24,103.33 Contract Period Start date: 01/01/2011 End date: 12/31/2011 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Contractor"), whose address is 220 4th Ave. S, Kent, WA 98032-5895. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: (— FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $24,103.33 1/1l2011 to 12/31/2011 TOTAL $24,103.33 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2011 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: A. Program Exhibits and Requirements Exhibit A: Scope of Work Exhibit B: Budget and Invoice Exhibit C: Certificate of Insurance and Additional Insured Endorsement ll. Term and Termination A. This Contract shall commence on 01/01/2011, and shall terminate on 12/31/2011, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. Agency Services -EHS1830 Page - 1 of 13 C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination, and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. Nothing herein shall limit,waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit B that complies with the budget in Exhibit B. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. Agency Services -EHS1830 Page - 2 of 13 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them Agency Services -EHS1830 Page - 3 of 13 is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70,41,190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6)years after termination hereof, unless a longer retention period is required by law. G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. H. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (CFR) Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. 2. The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH that apply to business associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR. 3. Within two (2) business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Contractor is doing Agency Services -EHS1830 Page -4 of 13 to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR § 164.410, The information shall be updated promptly and provided to the County as requested by the County. 4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law. 5. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event. 6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 8. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526, 9. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract. 10. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164,528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this Section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the Agency Services -EHS1830 Page - 5 of 13 conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. D. Reimbursement for Costs Incurred Due to Breach Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. VIII. Audits A. If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of$500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIII.A. D. If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3)working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency Services -EHS1830 Page - 6 of 13 Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee understate or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in Agency Services -EHS1830 Page - 7 of 13 any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XIL Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers,subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. B. Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Coverage shall be at least as broad as: 1. Commercial General Liability: Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY, Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and property damage. Agency Services -EHS1830 Page - 8 of 13 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap"endorsement to the general liability policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self- insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. C. The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. b. Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made"form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VIL Any exception must be approved by King County. Agency Services -EHS1830 Page- 9 of 13 If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. G. Municipal or State Contractor Provisions If the Contractor is a Public Agency, Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. All Coverages and Requirements Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract' shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract' does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections III.D., IV, V, VI, VII, Vill, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims,judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." Agency Services -EHS1830 Page - 10 of 13 XIV. Nondiscrimination The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV. Nondiscrimination in subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. D. King County encourages the Contractor to utilize small businesses, including Minority-owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04, Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County Agency Services -EHS1830 Page - 11 of 13 employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVII. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or. federal/state government, B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The County will provide property tags so Contractor can mark property. The Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XVIII. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXI. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. Agency Services -EHS1830 Page - 12 of 13 XXII. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII. Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV.Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVI.Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY City of Kent FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# D40598D - Local Hazardous Waste Management Program Agency Services -EHS1830 Page - 13 of 13 EXHIBIT A MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2011 ACTIVITIES The Local Hazardous Waste Management Plan (hereafter referred to as the"Plan") as updated in 1997, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"), The purpose of this Exhibit is to define the terns and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public I lealth with respect to the transfer of Program monies. Scope of Work The City of Kent will organize two citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice(see Exhibit B). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. D40598D EFTS 1830 3. The City shall notify the Contract Administrator no later than December 151h regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 41h Ave. S, Kent, at (253) 856-5549, (ghungerford@ci.kent.wa.us) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LI-IWMP Program Administrator for resolution. B. Seattle-Kinky Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. C. Program Contacts D40598D EHS 1830 Jay Watson Paul Shallow LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street, Suite 100 Seattle, WA 98104 206-352-8163 206-263-8487 v.m a(ti�m�a`Ikingcount�-.s,ov� ?�uLshallowlrnl.inecount� e��p 1._,__.._ .,._. _ 1_._._ D40598D ENS 1830 EXH1131T B Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 4"'Ave.S Kent, WA 98032 To: Paul Shallow, LHWMP Contract Administrator Seattle-King County Department of Public Health 401 5th Avenue, Suite 1100 Seattle, WA 98104 Contract 4D40598D Period of time:___,_,___._w- , 2011 to _._ 2011. In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description HHW Education $24,103.33 1-1I-I W Collection — — $24,103.33 --_ TOTAL _. __ ,___.__„__For Health Department Use Only Local hazardous Waste Management Program Approval: Paul Shallow Date D40598D EHS1830 KENT Agenda Item: Consent — 70 TO: City Council DATE: February 15, 2011 SUBJECT: Tetra Tech Contract, 2011 Lakes Monitoring — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. in an amount not to exceed $39,998.38 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2011, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's list of "impaired waters" compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. Working with the selected consultant, City staff will analyze progress in water quality, including conditions for safe swimming and fishing, and will assess aquatic weed control. The consultant will assist staff by providing expert analysis and specialized equipment necessary to investigate lake conditions. EXHIBITS: Public Works Memo dated 2/3/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No unbudgeted fiscal impacts, this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. 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: February 3, 2011 To: Chair Debbie Raplee and Public Works Committee Members Special PW Committee Meeting Date: February 7, 2011 From: Matt Knox, Environmental Ecologist Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Tetra Tech - 2011 Lakes Monitoring Item - 8 Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $39,998.38 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2011, subject to final terms conditions acceptable to the City Attorney and the Public Works Director. Summary: Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's list of "impaired waters" compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. The City has enacted a number of measures to improve water quality at both lakes including: Constructing and requiring (on private systems) stormwater treatment measures; educating residents about ways to reduce polluted runoff (e.g. natural yard care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic plants. More improvements are proposed in the near future including increasing the capabilities of the aeration system and treating Lake Fenwick with non-toxic algae inhibiting chemicals. Working with the consultant, City staff will analyze progress in water quality, conditions for safe swimming and fishing, and assess aquatic weed control. This consultant will assist staff by providing expert analysis and specialized equipment necessary to investigate lake conditions. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget was developed. The contract will be paid through the stormwater utility. �1 KENT WnSHNOTON 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 Avenue, Suite 550, Seattle, WA 98101, Phone: (206) 838-6261/Fax: Fax: (206) 728-9670, Contact: Robert Plotnikoff (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 Water Quality Monitoring for Lake Fenwick and Meridian. For a description, see; the;Consultant's February 2, 2011 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 February 15, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Nine Thousand, Nine Hundred Ninety Eight Dollars and thirty eight cents ($39,998.38) for the services described in this Agreement. This is the maximum amount to be paidl 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 negotlated 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.]iabiIity 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: Robert Plotnikoff Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1420 5th Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 838-6261 (telephone) (253) 856-5500 (telephone) Fax: (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Tetra Tech-2011 takes Monitorlog/Knox 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 City of Kent EXHIBIT A Scope of Work For 2011 Water Quality Monitoring Lakes Fenwick and Meridian February 2, 2011 Prepared for: City of Kent Prepared by: Tetra Tech, Inc. 1420 5th Avenue, Suite 550 Seattle,WA 98101 Attn: Harry Gibbons 206.838.6261 Scope Overview The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2011 is a continuation of the monitoring efforts performed since 2006 The scope of work describes the specific activities that Tt will perform in order to aid the City's continued effort to collect water quality data of its lakes for 2011 plus two optional tasks. The primary goals of this project are to 1.) Continue to collect baseline data for annual assessment of the lakes environmental health and to provide a long-term database for potential management decisions in the future and 2.) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL listing for phosphorus. Therefore the specific objective of this scope of work is to collect data from each of the two lakes on phosphorus, temperature, dissolved oxygen (DO), pH, Secchi disk, Chlorophyll a, and phytoplankton. Additionally inflow monitoring will be collected to support the assessment of the Lake Fenwick wetland, water level data for inlet, outlet, and lake. The collected dataset will be summarized and a detailed assessment made as to the overall condition of the lakes for 2011 using data from 2006 through 2011. Specific scope of work is outlined below. Cost estimated for.these tasks are included in Exhibit A. This scope of work is for the cost associated with the collection of the samples only and does not reflect any laboratory analysis. It is assumed that all laboratory analysis will be paid for in full by the City. Transporting of the samples to the appropriate laboratory will be provided by Tt and is included within this estimate. Allowing the City to directly pay for the laboratory analysis is expected to save the City in direct fixed cost associated with the monitoring of the proposed sites. 1 Tetra Tech, Inc. City of Kent Detailed Work Tasks: Task 1 Project Management 1.1 Tt will prepare monthly invoicing. 1.2 Tt will perform monthly QA/QC analysis of field and laboratory data to ensure the on-going validity of the collected data. Deliverables: • Monthly invoices Task 2 Monitoring Described below are the specific sampling tasks that will occur during the 2011 monitoring period. Sampling events will occur on or approximately on the following dates: February—23 March— 16 April—6, 20 May— 11,25 June-9, 23 July-6, 20 August— 10, 24 September—7, 21 October—5, 19 November— 16 The following tasks will be performed during each sampling event: Lake Meridian Monitoring During each sampling event listed above water quality samples will be taken at the deepest point of the lake at a depth of 1 meter below the lake surface. The water sample will be analyzed for TP (total phosphorus), chl a (chlorophyll a), and phytoplankton. Water transparency will be determined with a Secchi disc on each sampling occasion. Dissolved oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. On two sampling events, one in March and one in September, additional samples will be collected for TP and chl a analysis at mid depth and 0.5 meter above bottom sediments. Lake Meridian Stormwater'Sampling Stormwater samples will be collected at 5 locations designated by the City within the Lake Meridian drainage basin and coincide with the in-lake monitoring activities. Water samples will be collected for SRP (soluble reactive phosphorus) and TP analysis once per month during the proposed 2 Tetra Tech, Inc. City of Kent project sampling months. In-situ parameters consisting of DO, pH, turbidity, and temperature will be recorded during each event when flow is present. Discharge will not be measured during each event. Lake Fenwick Monitoring In-lake activities at Lake Fenwick will include water quality samples taken during each sampling event listed above at the deepest point of the lake at a depth of 1 meter below the lake surface and 0.5 meters above bottom sediments for TP and chl'a. Additionally, phytoplankton will be collected at 1 meter below the lake surface once per month during the proposed sampling months. Water transparency will be determined with a Seechi disc on each sampling; occasion. Dissolved oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. Fenwick Wetland Monitoring External loading into the lake will be monitored at the upstream treatment wetland installed by the City as part of the restoration program. Since the outflow from the wetland is Lake Fenwick's largest inflow source other than direct precipitation, sampling of the wetlands inflow/outflow will be representative of the lakes external loading contribution from runoff. TP samples will be collected at the wetlands inlet and outlet when flow is present and will coincide with in-lake monitoring efforts described above and limited to once per month visits. The differential of the two measurements is intended to demonstrate the effectiveness of the wetland and other upstream BMPs. Lake Meridian Swimming Beaches A continuation from previous, monitoring efforts, Fecal Coliform (FC) sampling events will be obtained.,from the two designated sampling locations within the swimming area at Lake Meridian. The events will coincide with sampling dates occurring in late July through early September(July 20`h, August I oth, August 24`h, and September 7`h). A total of 8 FC samples will be collected and analyzed. Assumptions: • Laboratory testing will be performed at Aquatic Research, Inc. and will be paid for directly by the City. Phytoplankton samples will be analyzed at Water Environmental Services, Inc. and will be paid for directly by the City. Tt will be responsible for transporting the samples to the laboratories mentioned above. Tt will provide QA/QC of the results from samples delivered. Deliverables: • Water quality data collected during the sampling events listed in Task 4 in hard copy and electronic form (Included within Monitoring Report) 3 Tetra Tech, Inc. City of Kent Task 3 Lake Fenwick Macrophyte Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009. To document the effectiveness of introducing grass carp into the lake, a detailed survey for mapping and assessment of grass carp impact on macrophytes will be conducted in August. A Trimble ProXH GPS Receiver will be used to map the spatial extent of macrophytes within Lake Fenwick. Species type and abundance will be recorded. The results of the survey, the comparison, and detailed mapping of the macrophytes will be summarized in the technical memorandum detailed in Task 4. Deliverables: • GIS Shapefiles of macrophyte mapping Task 4 Water Quality Technical Memorandum A technical memorandum presenting the data in tabular and graphical form will be performed. An assessment of the water quality for 2011 for the sites listed in Task 2 and 3 will be included within this memorandum. In addition, a comprehensive assessment of water quality and phytoplankton trends will be conducted using data collected from 2006 through 2011. This assessment will detail interrelationships between the water quality parameters and primary production and species community structure. It will also identify potential environmental risks or problems that need to be considered in the management planning process for each lake. Deliverables: • Technical memorandum presenting the data in tabular and graphical form and relative assessment of water quality for 2011 and a detail assessment of data from 2006-2011. Report will include data collected by Tt. Two hard copies and one compact disk will be submitted. Task 5 Collect Water Levels Tetra Tech will place and maintain data loggers to collect information on temperature and water levels at the inlet (outlet of the wetland) outlet channel, and lake level at Park Dock. Data will be downloaded at the time of sampling and recorded for future water quality and modeling uses. Deliverables: • Hourly water level data for lake„inlet and outlet 4 Tetra Tech, Inc. City of Kent 2/2/2011 TETRA TECH,INC.-.Surface Water croup. Fee Estimate CITY OF KENT WATER QUALITY MONITORING FEE ESTIMATE Principal Project Enviromn Field Admin Total Total Labor Scientist Scientist ental Technician' En ineer Support Hours with OH Direct Labor+OH +profit• $208.38 $155.71 $97,28 $65,00 $47.90 Work'1'ask 4 Description I Project Management 6 6 $934,26 2 Monitoring 2 8 272 282 $18,269.94 3 Lake Fenwick Maerophyte Survey 4 12 16 $1,613.52 4 Technical Memorandum 81 16 60 16 2 IL $11,131.00 5 Collect Water levels 2 8 48 58 $4,209.66 Total Labor 14 32 68 348 2 488 $36 158.38 *Please rate table below for DJW MATERIALS Description Unit Unit Cost Quantity Cast Notes Temperature day $20.00 18 $360.00 Dissolved Oxygen day $20.00 18 $360.00 ___... H day $20.00 18 $360.00 Boat Rental day $50.00 18 $900.00 Data Recorders for water level month'. $25.00 36 $900.00 GPS Rental day $H0400 1 $110.00 TOTAL MATERIALS: $2990,00 REPRODUCTION Descri tion Unit Unit Cost QuantityCost Notes Monitorin report and technical'memos Pg $0,10 500 $50.00 TOTAL.REPRO: $50.00 TRAVEL. Descri tion Unit Unit Cost nantil Cost Notes Mden a miles $0.500 1 1600 1 $800.00 GSA mileage rate TOTALTRAVEL: $800.00 TOTALCOST. $39,998.38 5 Tetra Tech, Inc. City of Kent Labor Rate Table mark-up _..... (overhea Labor d+ Rate (Staff/Labor Class DJR profit) ! $/hour Harry Gibbons/Principal Scientist 67.22 3.1 $208 38 Robert Plotnikoff/Project Scientist 50.23 3.1 $155 71 Shannon Brattebo/Environmental Engineer 31.38 3.1 $ 97.28 Adam Baines/Field Technician** 26.62 3.1 $ 82.52 Jennifer Lawson/Field Technician** 20.00 3.1 $ 6200 Ryan Gibbons/Field Technician** 12.66 3.1 -', $ 39.25 Sherry McClain ...._. ,.." 15 45 31 $ 47.90 **Field Technician rate of$65.00 blended between Adam,Ryan and Jennifer;use two of three on a given date. 6 Tetra Tech, Inc. 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,OOO 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 Hq,„,„�,�„ Agenda Item: Bids — 9A TO: City Council DATE: February 15, 2011 SUBJECT: Kent Guiberson Corrosion Control Facility MOTION: Award the Kent Guiberson Corrosion Control Facilities contract to McClure and Sons, Inc. in the amount of $937,432.79 and authorize the Mayor to sign all necessary contract documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, December 29, 2010 with seven (7) bids received. The low bid was submitted by McClure and Sons Inc. in the amount of $937,432.79. EXHIBITS: Public Works Memo dated 12/28/10 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget and associated water rates were adopted. The contract will be paid through the water utility. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: December 28, 2010 TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E., Public Works Director RE: Kent Guiberson Corrosion Control Facilities Bid opening for this project was held on Tuesday, December 28, 2010 with seven (7) bids received. The low bid was submitted by McClure and Sons, Inc. in the amount of $937,432.79. The Engineer's estimate was $1,066,530.00. The Public Works Director recommends awarding this contract to McClure and Sons, Inc. Bid Summary 1. McClure and Sons, Inc. $ 937,432.79 2. Pease & Sons, Inc. $1,080,650.03 3. Award Construction, Inc. $1,092,810.00 4. Stouder General Construction LLC $1,164,532.50 5. Prospect Construction, Inc. $1,179,816.51 6. Omega Contractors, Inc. $1,308,306.00 7. Gary Harper Construction, Inc. $1,349,149.50 Engineer's Estimate $1,066,530.00 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES January 18, 2011 Committee Members Present: Ron Harmon for 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 JANUARY 4, 2011 R Harmon moved to approve the Operations Committee minutes dated January 4, 2011. J Perry seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED DECEMBER 31, 2010 J Perry moved to approve the vouchers dated December 31, 2010. R Harmon seconded the motion, which passed 3-0. 3. 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. The 2011 Regular Session of the Washington State Legislature convened on January 10, 2011. The State Legislative Agenda provides an overview of the items of top concern for the City of Kent. A formally adopted State Legislative Agenda by the council would provide strong direction and guidance to staff, representatives, and advocates of our community in the legislative process. A detailed overview of the top priorities was presented and discussed at a workshop earlier in the year. Michelle will summarize again later in the Council meeting tonight. Michelle clarified for R Harmon the proposed tolling on SR 509 is part of the Transportation Partnership group advocating financing to research the tolling, not necessarily advocating a toll road. L Thomas noted toll roads are a hot topic in Olympia as state, city and federal try and find ways to raise money for roads. R Harmon moved to recommend that 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. J Perry seconded the motion, which passed 3-0. 4. SUMMARY FINANCIAL REPORT AS OF NOVEMBER 2010 (INFORMATIONONL)q Bob Nachlinger, Finance Director, opened with a report on the Utility Tax. The Utility tax as was discussed at the December Operations Committee meeting has been coming in lower than budget. An upside is the electricity tax is up, which shows an increase in business production and beginning of a recovery of the economy. As a result of recent changes in the billing structure of phone providers, there is a decline in the telephone utility tax revenue. Federal policy states because the internet is free, there is no tax. This makes it hard to distinguish between the internet and telephone as providers bundle their services. As Tom Brubaker, City Attorney described it, "The models traditionally used no longer fit the reality." The utility providers are essentially supplying to us what is phone and what is internet. Staff will have a recommendation to resolve the million dollar shortfall in the Utility Tax for Council at the next Operations Committee meeting and revise the 2011 budget. Operations Committee Minutes January 18, 2011 Page: 2 In other areas, Revenue is $3 million under budget. As a result we will not make our forecasted reserve. Retirement payouts and overtime costs continue to affect the budget. John Hodgson, Chief Administrative Officer, noted staff will know by the first part of March what the year-end revenue will be and what the dollar amount difference of the 4.6% projected and 8.1% forecasted fund balance will be. The meeting was adjourned at 4:42 p.m. by L Thomas. Pam Clark Operations Committee Secretary --00 � KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES January 11, 2011 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5:02 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the November 9, 2010 meeting. The motion was seconded by D. Higgins and passed 3-0. 2. Public Display of Fireworks Ordinance - ADOPT Division Chief Jon Napier, Fire Marshal, and City Attorney Tom Brubaker reviewed the amendments to Chapter 13.05 of the Kent City Code. Discussion centered on revising language in Section 3, and T. Brubaker stated the revision would be made prior to Council approval. D. Higgins moved to recommend that the proposed ordinance be placed on the City Council's January 181h Consent agenda for final passage, contingent upon amendment of Section 3, to reflect the amendments taken place in the ordinance, specifically 13.05.70 The motion was seconded by L. Thomas and passed 3-0. 3. Washington Traffic Safety Commission award — ACCEPT and Establish the Budget Debra LeRoy, Research and Development Analyst, stated the funds will be used to purchase five flashing beacon assemblies for installation at three elementary schools. L. Thomas moved to recommend that City Council accept the Washington Traffic Safety Commission grant in the amount of $16,800, and establish the budget. The motion was seconded by D. Higgins and passed 3-0. 4. Consultant Services Agreement with New Connections of South King County - AUTHORIZE Debra LeRoy explained that New Connections will provide Life Skills workshops and other reentry services for offenders upon their release from the Kent Corrections Facility. D. Higgins moved to recommend the City Council to authorize the Mayor to sign the Consultant Services Agreement with New Connections of South King County. The motion was seconded by L. Thomas and passed 3-0. S. Interagency Agreement with the State of Washington Department of Licensing-:: AUTHORIZE Sheila Knapp, Support Services Manager, explained the purpose of the Agreement. L. Thomas moved to authorize the Chief of Police or the Acting Chief, to sign the Interagency Disclosure Driver and Plate Search Data Sharing Agreement between the State of Washington Department of Licensing and the Kent Police Department. The motion was seconded by D. Higgins and passed 3-0. The meeting adjourned at 5:20 PM. Jo Thompson, Public Safety Committee Secretary SPECIAL - PUBLIC WORKS COMMITTEE Minutes of Monday, January 24, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:02 p.m. ITEM 1 - Approval of Minutes Dated January 3, 2011: Committee Member Harmon moved to approve the minutes of January 3, 2011. The motion was seconded by Higgins and passed 3-0. Item 2- Contract/RTC - Communities Putting Prevention to Work (CPPW) Grant: City Engineer, Chad Bieren explained that the Kent Parks Department was awarded a federal grant through the Department of Health and Human Services'"Communities Putting Prevention to Work (CPPW) program. The goal of the program is to identify opportunities in Kent that would promote healthy living through diet and exercise. The Public Works Department will support the Parks Department's efforts by identifying potential improvements to the City's bicycle and pedestrian facilities and play a lead role regarding the transportation technical aspects of drafting new proposals for Complete Streets policies for the City. Bieren went on to note that a portion of the CPPW grant includes $60,000 to reimburse Public Works' staff time and hire an outside transportation consultant to support the work. Bieren stated that at this time staff is requesting to use $40,000 of the grant funds for an outside consultant. Parks Director, Jeff Watling stated that the end product would get a document that will be used for future decisions regarding projects to be built to promote the use of the city's bicycle and pedestrian system. Councilmembers stated that they would like to see an end product from the study with the ability to implement it; not just a binder on the shelf. LaPorte noted that funding for implementation of the study will be the issue. The consultant's time and City staff time will be 100% reimbursed using the CPPW grant funds. Higgins moved to recommend Council authorize the Mayor to sign a consultant services agreement between the City of Kent and RTC Transportation Consulting for Transportation Planning and Engineering Services in an amount not to exceed $40,000, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Item 3- Information Only/Green Kent Partnership 20 year Plan: Environmental Ecologist, Matt Knox explained that this is an information only item. Staff applied for $95,000 in funding from King Conservation District to underwrite the first phase of the Green Kent Partnership. He noted that the purpose of this plan is to maintain Kent's forests and wetlands - without active intervention, non-native species such as English ivy, reed-canary grass and Himalayan blackberry will overtake our native forests and wetlands. The Green Kent Partnership sets priorities and strategies to Page 1 of 4 SPECIAL - PUBLIC WORKS COMMITTEE Minutes of Monday, January 24, 2011 reverse this decline through mobilization of a volunteer work-force overseen by City staff. Kent Parks and Public Works are partnering in this initiative to improve 1,200 acres of City-owned urban forests and open space. It is anticipated that the stewards will contribute more than 1,300 volunteer hours toward the project in 2011. Parks Director, Jeff Watling noted that the Parks Committee approved the 20 year plan on Thursday, January 20, 2011. Staff thanked the Conservancy for their efforts. Information Only/No Motion Required Item 4 - Right of Way /Storm Drainage Tract Dedication - 1161h Ave SE Street Improvements: Design Engineering Manager, Mark Howlett explained that this parcel was purchased by the City to construct a storm detention pond for the road widening project along 1161h Avenue SE. The dedication of the roadway Right-of-Way and Storm Drainage Tract are necessary to surplus the remaining Property. Harmon asked if the retention pond affected the home to the north in any way or is inhibiting development. Howlett stated it has not. Harmon moved to recommend Council authorize the Mayor to sign the Deed dedicating the storm pond site and Right-of-Way for the 1161h Ave SE Street Road Improvement project and to surplus the remaining property, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. Item 5 - GeoEngineers - S. 2281h Street UPRR Grade Separation - Stone Columns: Design Engineering Supervisor, Mark Madfai showed some photos of the area and explained; the S. 2281h Street Union Pacific Railroad Grade Separation Project is the final segment of the S. 2281h Street corridor which will provide a seamless connection between East Valley Highway (Central Ave) on the east and Interstate 5 on the west - constructing an overpass at the Burlington Northern tracks. The consultant services contract is to conduct the geotechnical investigations necessary to determine the underlying soil conditions on which the foundation of the overpass will rest. Information will be used for final design of the stone columns. Madfai further noted that this information may also be used in the design of the S. 2281h Street Bypass Drainage project. Higgins moved to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. for Geotechnical Services for the S. 2281h Street Union Pacific Railroad Grade Separation Project in an amount not to exceed $31,212.11, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was second Harmon and passed 3-0. Page 2 of 4 SPECIAL - PUBLIC WORKS COMMITTEE Minutes of Monday, January 24, 2011 Item 6 - Contract/GEI Consultants - CLOMR Certification SR 516 to S. 231st Way Levee Proiect: Environmental Engineer, Beth Tan presented some informative slides briefly explaining that 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 State Route 516 north to S. 231" Way. Tan noted that only levee certification can move the city past FEMA's floodplain regulation and insurance requirements. Higgins moved to recommend Council authorize the Mayor to sign the GEI Consultants Contract Agreement for the CLOMR Certification of the State Route 516 to S. 231st Way Levee Project in the amount of $499,498, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was second by Harmon and passed 3-0. Item 7 - Contract/Northwest Hydraulic Consultants (NHC) - SR 516 to S. 231st Way Levee Proiect: Environmental Engineer, Beth Tan stated this contract will provide the City a hydraulic analysis report to include with the Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) for the levee section of the right bank on the Green River between State Route 516 and S. 231" Way. Higgins moved to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants (NHC) for the CLOMR Certification of the State Route 516 to S. 231st Way Levee Project, in an amount not to exceed $50,444, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Item 8 - Information Only/FEMA Public Meetings - Flood Insurance Rate Maps: Environmental Engineer, Beth Tan stated the City of Kent will be hosting a public open house with the Federal Emergency Management Agency (FEMA) to present its preliminary digital flood insurance rate map (DFIRM). The FEMA DFIRMs are used to determine if properties are located inside or outside of a flood hazard area. Tan noted several Open House meetings have been scheduled: • City of Auburn - Wednesday, January 26, at 6:00 pm at Dick Scobee Elementary - 1031 141h Street NE, Auburn WA. • City of Renton - Thursday, January 27, at 6:00 pm at Renton City Hall 1055 South Grady Way. • City of Kent - Monday, February 71h from 6:00 to 8:00 pm, Kent Senior Center Social Hall 608 East Smith Street. Information has been posted on each City's website. Page 3 of 4 SPECIAL - PUBLIC WORKS COMMITTEE Minutes of Monday, January 24, 2011 Information to be presented at the meeting includes: • When is flood insurance required? • Floodplain regulations • Property identification - Digital mapping • Flood study • Risk Analysis and Emergency Management Citizens are encouraged to go to any of the meetings. Information Only/No Motion Required Item 9 - Information Only/Contract Anchor OEA. LLC - South 2281h Street Drainage Bypass Proiect: Environmental Engineering Supervisor, Alex Murillo stated that this project will divert approximately 249 acres of stormwater run off from 761h Avenue and Mill Creek directly to the Green River Natural Resources Area. Anchor QEA will provide hydraulic evaluation and sizing of the storm drain pipes and conceptual designs to maintain flows in Mill Creek during the summer. Slides of Mill Creek were shown. Harmon asked that information be sent to business in the area along 761h Avenue letting them know what the City of Kent is doing to alleviate the problem. Information Only/No Motion Required Item 10 - Information Only/Solid Waste Contract - Update: Environmental Conservation Supervisor, Kelly Peterson quickly went over the brochure that was mailed out to City of Kent residents regarding the new garbage contract. Totes are on display on the first floor of the Centennial Building (by the elevators) 400 West Gowe Street. The building is open between the hours of 8:00 am and 5:00 pm, Monday, through Friday. Peterson encouraged citizens to choose their tote size by January 31, 2011; mail in the card that was sent to your home, email Allied Waste at www.AlliedWasteKent.com or call Allied Waste at 206.682.9735. Information Only/No Motion Required The meeting was adjourned at 5:00 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION