HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/16/2009Public Works Committee Agenda
Councilmembers: Ron Harmon♦Les Thomas♦Debbie Raplee, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. Council
Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
U:\PublicWorks\Agendas\2009\11 16 09.doc
November 16, 2009
4:00 p.m.
PUBLIC WORKS COMMITTEE MEETING
Item Description Action Speaker Time Page
01. Approval of Minutes Dated November 02, 2009 YES None 03 01
02. Vehicle and Equipment Surplus YES Ron Green 05 03
03. Contract w/Univar USA, Inc. - 2010 Water
Treatment Chemical YES Brad Lake 05 05
04. Contract w/JCI Jones - 2010 Treatment Chemical YES Brad Lake 05 25
05. Contract w/Gray & Osborne, Inc - 640 Zone
Water Reservoir YES Chad Bieren 05 47
06. Contract for WSDOT Review of SR 167 Bridge/
S. 224th Street Project YES Chad Bieren 05 65
07. Project Grant w/Department of Ecology–Lake
Fenwick Brazilian Elodea Eradication YES Mike Mactutis 05 69
08. Contract w/AMEC Geomatrix, Inc., for Downey
Farmstead Restoration Project - King Conservation
District Grant Funding YES Mike Mactutis 05 89
09. Contract w/Herrera Environmental for Downey
Farmstead Restoration Project – Salmon Recovery
Funding Board Grant Funding YES Mike Mactutis 05 107
10. Consultant Contract w/Shannon & Wilson
for Biological Assessment of Horseshoe Bend
Levee Improvements YES Mark Madfai 05 135
11. Consultant Contract w/GeoEngineers
- Horseshoe Bend Levee Improvements YES Mark Madfai 05 153
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PUBLIC WORKS COMMITTEE MINUTES
Monday, November 02, 2009
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Members Ron
Harmon were present. Les Thomas was absent. The meeting was called to order at 4:08 p.m.
Chair Raplee received concurrence on Item 1 - Approval of Corrected Minutes Dated October 19,
2009, via phone conversation with Councilmember Thomas after the meeting was adjourned.
ITEM 1 – Approval of Corrected Minutes Dated October 19, 2009:
Committee Member Harmon moved to approve the corrected minutes of October 19,
2009. The motion was seconded by Raplee and passed 3-0, with Thomas’s approval.
ITEM 2 – Update/Clark Lake Estates:
Clark Lake Estates was removed from the agenda.
ITEM 3 – Information Only/Fleet Services Update:
Fleet Superintendent, Ron Green gave an informative PowerPoint presentation showing the general
layout of what Fleet Services does for the City.
Information Only/No Motion Required
ITEM 4 – Green River Levee Update/Information Only:
Tim LaPorte, Interim Public Works Director, gave a brief update on the flood fight.
Information Only/No Motion Required
Adjourned:
The meeting was adjourned at 4:52 p.m.
Next Scheduled Meeting:
Monday, November 16, 2009 at 4:00 p.m.
Cheryl Viseth
Public Works Committee Secretary
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PUBLIC WORKS DEPARTMENT WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Timothy J. LaPorte, P.E.,
Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: November 2, 2009 Date: November 2, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009 PW Committee Meeting Date: November 16, 2009
From: Ron Green, Fleet Manager & Don Millett, Operations Manager From: Ron Green, Fleet Manager & Don Millett, Operations Manager
Through: Tim LaPorte, P.E., Public Works Director Through: Tim LaPorte, P.E., Public Works Director
Subject: Vehicle and Equipment Surplus Subject: Vehicle and Equipment Surplus
Veh. # Veh. # Year Year Make Make MileageMileage Reason for Disposal
1017 1992 Ford Taurus 80,102 Transmission is defective. Cost is
prohibitive to age of vehicle.
3212 2001 Ford Crown Vic 83,580 Maintenance costs excessive
3215 2001 Ford Crown Vic 78,399 Maintenance costs excessive
3702 2003 BMW Motorcycle 46,693 Cost of maintenance prohibitive
3703 2003 BMW Motorcycle 24,636 Engine seized. Cost prohibitive to
repair.
3704 2004 BMW Motorcycle 43,498 Cost of maintenance prohibitive
3713 2005 BMW Motorcycle 50,038 Cost of maintenance prohibitive
3715 2003 BMW Motorcycle 34,603 Cost of maintenance prohibitive
3721 2003 BMW Motorcycle 26,390 Cost of maintenance prohibitive
3722 2002 BMW Motorcycle 38,222 Main electrical harness defective.
Excessive cost to replace.
3748 2005 BMW Motorcycle 13,770 Cost of maintenance prohibitive
3810 2004 Ford Crown Vic 107,616 Cost to repair Transmission to costly
3819B 2006 Ford Crown Vic 71,157 Vehicle
Motion: Move to recommend Council authorize the Mayor to approve staff to
appropriately dispose of 21 vehicles and miscellaneous equipment as described
in this memorandum, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director.
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U:\PWCommittee\ActionPage\2009\11 16 09 Veh and Equipment Surplus.doc
8701 1991 GMC Jimmy 75,411 Not enough usage to keep active in
the Motor Pool.
8716 1988 Dodge Passenger
van
64,645 Mold & Mildew from leakage, not
enough usage in motor pool to retain.
8754 1992 Ford Taurus 82,221 Not enough usage to keep active in
the Motor Pool.
8781 1991 Chevrolet Cargo
Van
61,222 Not enough usage to keep active in
the Motor Pool.
8817 1995 GMC Van 78,689 Cost to repair computer & ABS
module to excessive, low usage
8861 1997 Chevrolet Astro
Cargo Van
69,216 Not enough usage to keep active in
the Motor Pool.
9994 1995 Craftco BAX250 N/A Continued high cost to repair
5343 1987 Highway Sander N/A Replaced in 2009
Miscellaneous:
Palletized BMW motorcycle obsolete parts. Phased out of Police Operations in 2009
Summary:
The listed vehicles/equipment complies with current replacement policy guidelines and
has been replaced. The equipment will be sold at auction or smaller cities and agencies
as needed.
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U:/PWCAction Pg/2009/11 16 09UnivarChemContractSBauer.doc
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
Date: November 3, 2009
To: Chair Debbie Raplee and Public Works Committee
From: Bradley Lake, Water Superintendent
Through: Tim LaPorte, P.E., Public Works Director
Subject: Contract w/Univar USA, Inc for 2010 Water Treatment Chemical
MOTION:
Move to recommend Council authorize the Mayor to sign the 2010 Water
Treatment Chemical Supply Agreement between the City of Kent and Univar
USA, Inc. for Sodium Fluoride, subject to terms and conditions acceptable to
the City Attorney and the Public Works Director.
Summary:
The City annually advertises for water treatment supply chemicals to ensure a
consistent cost for budgetary constraints. The use of these chemicals is required to
obtain drinking water quality that meets State and Federal Regulations for drinking
water standards.
This treatment chemical is required to supply potable drinking water to the City’s
water customers. Sodium Fluoride is used fluoridate the drinking water in an effort to
help prevent dental cavities in young children. Sodium Hydroxide is used in the water
system as a pH adjustment for corrosion control.
Budget Impact:
No Unbudgeted Fiscal/Personnel Impact as the funding ($35,613.50) would come
from the 2010 Operating budget.
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GOODS & SERVICES AGREEMENT - 1
(Over $10,000.00, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Univar USA Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Univar USA Inc. organized under the laws of the State
of Washington, located and doing business at 8201 S. 212th Street, Kent, WA 98032, Phone:
(253) 872-5000/Fax: (253) 872-5041, Contact: Laura Lanthier (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall supply the City of Kent Water Department with a water treatment
chemical (bid items 6) according to the bid proposal submitted October 30, 2009,
which is attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2010.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty
Four Thousand, Seven Hundred Forty Dollars ($34,740.00), including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
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GOODS & SERVICES AGREEMENT - 2
(Over $10,000.00, including WSST)
Delivery will be scheduled upon execution of this agreement. Vendor shall be paid
after submittal of invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor’s services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor’s services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
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GOODS & SERVICES AGREEMENT - 3
(Over $10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor’s business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
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GOODS & SERVICES AGREEMENT - 4
(Over $10,000.00, including WSST)
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
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GOODS & SERVICES AGREEMENT - 5
(Over $10,000.00, including WSST)
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
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GOODS & SERVICES AGREEMENT - 6
(Over $10,000.00, including WSST)
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. 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.
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GOODS & SERVICES AGREEMENT - 7
(Over $10,000.00, including WSST)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Laura Lanthier
Univar USA Inc.
8201 S. 212th St.
Kent, WA 98032
(253) 872-5000 (telephone)
(253) 872-5041 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Univar - 2010 Water Chemicals/Bauer
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EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of ____ , 200__.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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PUBLIC WORKS DEPARTMENT DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895 Kent, WA. 98032-5895
Date: November 3, 2009 Date: November 3, 2009
To: Chair Debbie Raplee and Public Works Committee To: Chair Debbie Raplee and Public Works Committee
From: Bradley Lake, Water Superintendent From: Bradley Lake, Water Superintendent
Subject: Contract with JCI Jones Chemical Inc., for 2010 Water
Treatment Chemical
Subject: Contract with JCI Jones Chemical Inc., for 2010 Water
Treatment Chemical
MOTION: MOTION:
Move to recommend Council authorize the Mayor to sign the 2010 Water
Treatment Chemical Supply Agreement between the City of Kent and JCI
Jones Chemical, Inc. for Chlorine Gas and 25% Sodium Hydroxide, subject
to terms and conditions acceptable to the City Attorney and the Public
Works Director.
SUMMARY:
The City annually advertises for water treatment supply chemicals to ensure a
consistent cost for budgetary constraints. The use of these chemicals is required to
obtain drinking water quality that meets State and Federal Regulations for drinking
water standards.
This treatment chemical is required to supply potable drinking water to the City’s
water customers. Chlorine Gas is used in the water system as a disinfectant at a
variety of the City’s well sites. Sodium Hydroxide is used in the water system as a
pH adjustment for corrosion control.
BUDGET IMPACT:
No Unbudgeted Fiscal/Personnel Impact as the funding ($72,600.00) would come
from the 2010 Operating budget.
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: November 10, 2009 Date: November 10, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009 PW Committee Meeting Date: November 16, 2009
From: Tim LaPorte P.E., Public Works Director From: Tim LaPorte P.E., Public Works Director
Through: Chad Bieren, Engineering Supervisor Through: Chad Bieren, Engineering Supervisor
Subject: Contract w/Gray & Osborn, Inc – 640 Zone Water Reservoir Subject: Contract w/Gray & Osborn, Inc – 640 Zone Water Reservoir
Motion:
Move to recommend Council authorize the Mayor to sign a contract with
Gray & Osborne, Inc. for $131,970 to provide design drawings and
specifications for the 640 Zone Water Reservoir, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director.
Summary: Summary:
This contract is for design of a new 4-million gallon reservoir to be located at the
Kent East Hill Operations Center.
This contract is for design of a new 4-million gallon reservoir to be located at the
Kent East Hill Operations Center.
The 2008 Water System Plan included an analysis of water pressure and storage
throughout the System. This analysis concluded that additional water storage is
required on the East Hill to meet existing and future demands. It was further
determined that water pressure to homes located at higher elevations on the East
Hill have low water pressure because existing reservoirs are too low. The proposed
640 Pressure Zone would be created to allow for increased water pressure
throughout the high elevations on the East Hill; the 640 Zone Water Reservoir would
be constructed to provide the height needed to serve the new pressure zone and it
would also alleviate water storage shortfalls through at least the end of the planning
horizon – the year 2028.
The 2008 Water System Plan included an analysis of water pressure and storage
throughout the System. This analysis concluded that additional water storage is
required on the East Hill to meet existing and future demands. It was further
determined that water pressure to homes located at higher elevations on the East
Hill have low water pressure because existing reservoirs are too low. The proposed
640 Pressure Zone would be created to allow for increased water pressure
throughout the high elevations on the East Hill; the 640 Zone Water Reservoir would
be constructed to provide the height needed to serve the new pressure zone and it
would also alleviate water storage shortfalls through at least the end of the planning
horizon – the year 2028.
A Conditional Use Permit (Permit #CE-2009-2) was approved following a June 3,
2009 public hearing. The Public Works Department will continue to coordinate with
neighbors of the project during final design and construction to minimize impacts.
A Conditional Use Permit (Permit #CE-2009-2) was approved following a June 3,
2009 public hearing. The Public Works Department will continue to coordinate with
neighbors of the project during final design and construction to minimize impacts.
Budget Impact: Budget Impact:
Costs for the 640 Zone Water Reservoir and associated improvements were included
in the combined utility bond sale approved by Council on August 4, 2009. There
would be no additional budgetary impacts.
Costs for the 640 Zone Water Reservoir and associated improvements were included
in the combined utility bond sale approved by Council on August 4, 2009. There
would be no additional budgetary impacts.
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U:\PWCommittee\ActionPage\2009\11 16 09\WSDOT S 224thSt ProjCBieren.doc
0B PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 10, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009
From: Tim LaPorte P.E., Public Works Director
Through: Chad Bieren, Engineering Supervisor
Subject: Contract for WSDOT Review of SR 167 Bridge/224th Street Project
Summary:
The S. 224th Street Project was approved by Council on April 1, 2008. Project approval
authorized the Public Works Department to begin work on design and construction. Similar
to other roadway corridor projects throughout the City, the S. 224 th Street Project will be
divided into separate contracts to lower costs. Individual construction contracts will be
presented to the Council for approval after they are advertised for bids.
Since the new S. 224th Street Bridge will cross over SR 167, WSDOT is responsible for the
review and approval of the City’s design and method construction. The enclosed contract (JA
Account) is required by WSDOT for a permit to cross over the freeway and will reimburse
WSDOT for its costs associated with project review and approval.
The current plan is to begin construction of the S. 224th Street Project with the bridge over
SR 167, followed by the S. 218th Street Bridge over Garrison Creek and related
bridge/wetland mitigation projects. The two bridges are the most expensive components of
the project and taking advantage of the current bidding climate will minimize project costs.
Council directed Public Works to create a S. 224th Street Project Design Review Committee to
engage neighbors of the project in its design and implementation. Public Works staff
members have met with the S. 224th Street Design Review Committee to discuss the overall
project approach and alternative bridge designs. Prior to sending a bridge design to WSDOT,
Public Works will meet with the Design Review Committee to present specific design
elements and discuss any outstanding issues. Following that meeting, staff will meet with
WSDOT and present the proposed bridge layout before proceeding with design. This process
will minimize potential delays and keep the project on schedule for bid in 2010.
Budget Impact:
Local Improvement District #363 was formed by Council on November 4, 2008. Funding for
the bridge crossing over SR 167 will come from LID funds. It is anticipated that LID #363
will be finalized in 2010 and the sale of bonds related to the LID will pay for the bridge.
Motion:
Move to recommend Council authorize the Mayor to sign a contract with
the Washington State Department of Transportation in the amount of
$35,000 for review of the proposed S. 224th Street Bridge over SR 167,
subject to terms and conditions acceptable to the City Attorney and the
Public Works Director.
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Tim LaPorte, P.E., Public Works Director Tim LaPorte, P.E., Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: November 6, 2009 Date: November 6, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009 PW Committee Meeting Date: November 16, 2009
From: Matt Knox, Environmental Ecologist From: Matt Knox, Environmental Ecologist
Mike Mactutis, PE, Environmental Engineering Manager Mike Mactutis, PE, Environmental Engineering Manager
Through: Tim LaPorte, PE, Public Works Director Through: Tim LaPorte, PE, Public Works Director
Subject: Project Grant w/Department of Ecology – Lake Fenwick
Brazilian Elodea Eradication
Subject: Project Grant w/Department of Ecology – Lake Fenwick
Brazilian Elodea Eradication
Motion:
Move to recommend Council authorize the Mayor to accept a grant from the
Washington State Department of Ecology Aquatic Weeds Management Fund
for control, eradication and monitoring of Brazilian Elodea in Lake Fenwick,
subject to terms and conditions acceptable to the City Attorney and the
Public Works Director.
Summary: Summary:
Lake Fenwick is currently not meeting water quality standards established by the
Washington State Department of Ecology and the Environmental Protection Agency
(EPA). Specifically, the lake frequently exceeds the total phosphorus TMDL (Total
Maximum Daily Load) threshold established for the lake in 1993 by the EPA during the
late summer and early fall. An aggressive, non-native invasive plant (Brazilian elodea -
which used to be sold in pet stores for aquariums) has overtaken the bottom of the lake
and outcompeted nearly all other plants. When this plant dies back in the fall, it
exacerbates water quality problems. This weed also provides poor fish habitat and
makes the lake much less appealing.
Lake Fenwick is currently not meeting water quality standards established by the
Washington State Department of Ecology and the Environmental Protection Agency
(EPA). Specifically, the lake frequently exceeds the total phosphorus TMDL (Total
Maximum Daily Load) threshold established for the lake in 1993 by the EPA during the
late summer and early fall. An aggressive, non-native invasive plant (Brazilian elodea -
which used to be sold in pet stores for aquariums) has overtaken the bottom of the lake
and outcompeted nearly all other plants. When this plant dies back in the fall, it
exacerbates water quality problems. This weed also provides poor fish habitat and
makes the lake much less appealing.
In 2002, an Integrated Aquatic Plant Management Plan (IAPMP) was written to figure-
out how best to combat the Brazilian elodea invasion and to monitor the proposed
control measures. The IAPMP recommended that a weed-eating fish known as Grass
Carp be introduced as a biological control agent and that yearly weed monitoring occur
to gauge the effectiveness of the grass carp.
In 2002, an Integrated Aquatic Plant Management Plan (IAPMP) was written to figure-
out how best to combat the Brazilian elodea invasion and to monitor the proposed
control measures. The IAPMP recommended that a weed-eating fish known as Grass
Carp be introduced as a biological control agent and that yearly weed monitoring occur
to gauge the effectiveness of the grass carp.
The City applied for and received grant funding from the Aquatic Weeds Management
Fund (administered by the Washington State Department of Ecology) to help pay for
grass carp stocking of the Lake and follow up weed monitoring. This action authorizes
the City to utilize these grant funds to reimburse costs of implementing and
administering the recommendations of the IAPMP.
The City applied for and received grant funding from the Aquatic Weeds Management
Fund (administered by the Washington State Department of Ecology) to help pay for
grass carp stocking of the Lake and follow up weed monitoring. This action authorizes
the City to utilize these grant funds to reimburse costs of implementing and
administering the recommendations of the IAPMP.
Budget Impact: None Budget Impact: None
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U:\Public\PWCommittee\ActionPage\2009\11 16 09\AMEC GeomatrixDowneyFarmsteadRestoration ProjKCDGJFielding.doc
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 5, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009
From: Mike Mactutis P.E., Environmental Engineering Manager
Through: Tim LaPorte P.E., Public Works Director
Subject: Contract with AMEC Geomatrix Inc., for Downey Farmstead
Restoration Project – King Conservation District Grant Funding
Summary:
The Downey Farmstead Restoration Project involves four parcels totaling 21.81
acres located along the left bank (facing downstream) of the Green River from RM
21.7 to 22.2. This restoration project will include creation of flood plain storage and
side channel refuge salmon habitat parallel to the Green River. This will increase
access to floodplain habitat for Chinook and other salmonids and restore floodplain
functions. AMEC Geomatrix, Inc. would perform removal of contaminated soil
discovered under an oil/water separator that was removed. A portion of a $100,000
grant from the King Conservation District will be used to pay for this consultant
agreement.
Budget Impact:
None
Motion:
Move to recommend Council authorize the Mayor to sign the Contract with
AMEC Geomatrix, Inc. for a report and removal of contaminated soil in the
amount of $20,026, direct staff to establish a budget to be spent within the
Downey Farmstead Restoration Project, subject to terms and conditions
acceptable to the City Attorney and the Public Works Director.
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: November 5, 2009 Date: November 5, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009 PW Committee Meeting Date: November 16, 2009
From: Mike Mactutis P.E., Environmental Engineering Manager From: Mike Mactutis P.E., Environmental Engineering Manager
Through: Tim LaPorte P.E. Public Works Director Through: Tim LaPorte P.E. Public Works Director
Subject: Contract w/Herrera Environmental for Downey Farmstead
Restoration Project – Salmon Recovery Funding Board Grant
Funding
Subject: Contract w/Herrera Environmental for Downey Farmstead
Restoration Project – Salmon Recovery Funding Board Grant
Funding
Motion:
Move to recommend Council authorize the Mayor to sign the Contract with
Herrera Environmental Consultants for a Feasibility Study and 30% Design in
the amount of $139,214, direct staff to establish a budget to be spent within
the Downey Farmstead Restoration Project, subject to terms and conditions
acceptable to the City Attorney and the Public Works Director.
Summary: Summary:
The Downey Farmstead Restoration Project involves four parcels totaling 21.81
acres located along the left bank (facing downstream) of the Green River from RM
21.7 to 22.2. This restoration project will include creation of flood plain storage and
side channel refuge salmon habitat parallel to the Green River. This will increase
access to floodplain habitat for Chinook and other salmonids and restore floodplain
functions. Herrera Environmental Consultants would perform a feasibility study and
30% design of the Downey Farmstead Restoration Project. A $150,000 grant from
the State Salmon Recovery Funding Board will be used to pay for this consultant
agreement.
The Downey Farmstead Restoration Project involves four parcels totaling 21.81
acres located along the left bank (facing downstream) of the Green River from RM
21.7 to 22.2. This restoration project will include creation of flood plain storage and
side channel refuge salmon habitat parallel to the Green River. This will increase
access to floodplain habitat for Chinook and other salmonids and restore floodplain
functions. Herrera Environmental Consultants would perform a feasibility study and
30% design of the Downey Farmstead Restoration Project. A $150,000 grant from
the State Salmon Recovery Funding Board will be used to pay for this consultant
agreement.
Budget Impact: Budget Impact:
None None
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CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Herrera Environmental Consultants
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Herrera Environmental Consultants organized under the laws of the
State of Washington, located and doing business at 2200 Sixth Avenue, Suite 1100, Seattle, WA
98121-1820, Phone: (206) 441-9080/Fax: (206) 441-9108, Contact: Mark Ewbank
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall assist with technical analysis, environmental documentation,
and pre-design services for the Downey Farmstead Restoration Project. For a
description, see the Consultant's November 4, 2009 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, 2010.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed One Hundred Thirty Nine Thousand, Two Hundred Fourteen Dollars
($139,214.00) 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.
107
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant’s services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant’s business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant’s possession pertaining to this project, which may be
used by the City without restriction. If the City’s use of Consultant’s records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
108
CONSULTANT SERVICES AGREEMENT - 3
(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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City’s request. The City’s use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
109
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
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:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Mark Ewbank
Herrera Environmental Consultants
2200 Sixth Ave., Suite 1100
Seattle, WA 98121-1820
(206) 441-9080 (telephone)
(206) 441-9108 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Herrera - Downey Farmstead/Fielding
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of ____ , 200__.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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PUBLIC WORKS DEPARTMENT WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: June 29, 2009 Date: June 29, 2009
To: Mike Mactutis To: Mike Mactutis
From: Joe Fielding, Alex Murillo, Robyn Bartelt From: Joe Fielding, Alex Murillo, Robyn Bartelt
Subject: Downey Farmstead Restoration – Feasibility Study/30% Design Subject: Downey Farmstead Restoration – Feasibility Study/30% Design
Consultant Selection – Herrera Environmental Consultants Consultant Selection – Herrera Environmental Consultants
An evaluation of the six consultants which submitted Request for Proposals (RFPs) on June 24,
2009 was requested by advertisement in the Kent Reporter and the Seattle Daily Journal of
Commerce. The six firms which were evaluated included Shannon & Wilson, Inc., ICF Jones &
Stokes, AMEC Geomatrix, The Watershed Company, Herrera Environmental Consultants and
Anchor QEA. As a result of this selection process, Herrera Environmental Consultants (teamed
with URS Corporation) was chosen to perform the Feasibility Study and 30% Design services.
Upon your concurrence with our selection, we will obtain a scope of work and fee schedule from
Herrera Environmental Consultants in order to execute a contract for the Feasibility Study and
30% Design work.
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: November 10, 2009 Date: November 10, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009 PW Committee Meeting Date: November 16, 2009
From: Mark Howlett P.E., Design Engineering Manager From: Mark Howlett P.E., Design Engineering Manager
Through: Tim LaPorte P.E., Public Works Director Through: Tim LaPorte P.E., Public Works Director
Subject: Consultant Contract w/Shannon & Wilson for Biological
Assessment of Horseshoe Bend Levee Improvement Project
Subject: Consultant Contract w/Shannon & Wilson for Biological
Assessment of Horseshoe Bend Levee Improvement Project
Motion:
Move to recommend Council authorize the Mayor to sign the Consultant
Services Contract with Shannon & Wilson, Inc., to perform a Biological
Assessment, Wetland Reconnaissance and Mitigation Plan for the Horseshoe
Bend Levee Improvement Project in the amount of $21,120, subject to terms
and conditions acceptable to the City Attorney and the Public Works Director.
Summary: Summary:
The Horseshoe Bend Levee Improvement Project involves repairing approximately
9,875 LF of the right bank of the Green River from RM 23.8 to 26.2. This
improvement project will include removal of invasive species, reconstructing the
levee, installing trees and shrubs, installing an 8’ high concrete wall on the back and
top of the levee where needed and creation of flood plain storage where possible,
parallel to the Green River. This will increase habitat for Chinook and other
salmonids and restore floodplain functions. Shannon & Wilson would produce a
Biological Assessment to evaluate the overall impact of our project to Threatened or
Endangered Species. A portion of the $9,800,000 grant from the Washington State
Department of Ecology will be used to pay for this consultant services contract.
The Horseshoe Bend Levee Improvement Project involves repairing approximately
9,875 LF of the right bank of the Green River from RM 23.8 to 26.2. This
improvement project will include removal of invasive species, reconstructing the
levee, installing trees and shrubs, installing an 8’ high concrete wall on the back and
top of the levee where needed and creation of flood plain storage where possible,
parallel to the Green River. This will increase habitat for Chinook and other
salmonids and restore floodplain functions. Shannon & Wilson would produce a
Biological Assessment to evaluate the overall impact of our project to Threatened or
Endangered Species. A portion of the $9,800,000 grant from the Washington State
Department of Ecology will be used to pay for this consultant services contract.
Budget Impact: Budget Impact:
None None
U:\Public\PWCommittee\ActionPage\2009\111609\APShannonWilsonHorsehose BendLeveeJFielding.doc
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U:\Public\PWCommittee\ActionPage\2009\.doc
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 10, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 16, 2009
From: Mark Howlett, Engineering Supervisor
Through: Tim LaPorte P.E., Public Works Director
Subject: Consultant Contract w/GeoEngineers -Horseshoe Bend Levee
Improvements
Summary:
The Horseshoe Bend Levee Improvement Project involves repairing approximately
9,875 LF of the right bank of the Green River from RM 23.8 to 26.2. This
improvement project will include removal of invasive species, reconstructing the
levee, installing trees and shrubs, installing an 8’ high concrete wall on the back and
top of the levee where needed and creation of flood plain storage where possible,
parallel to the Green River. This will increase habitat for Chinook and other
salmonids and restore floodplain functions. GeoEngineers will prepare and stamp the
design of the proposed levee improvement for submittal to the US Army Corps of
Engineers for approval. A portion of the $9,800,000 grant from the Washington
State Department of Ecology will be used to pay for this consultant services
contract.
Budget Impact:
None
Motion:
Move to recommend Council authorize the Mayor to sign the Consultant
Services Contract with GeoEngineers, to develop geotechnical design
recommendations for the Horseshoe Bend Levee Improvement Project in the
amount of $135,280, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director.
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