HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/25/2010Public Works Committee Agenda
Councilmembers: Ron Harmon♦Dennis Higgins♦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.
January 25, 2010
4:00 p.m.
NOTICE OF
SPECIAL MEETING
Item Description Action Speaker Time Page
1. Approval of Minutes Dated January 4, 2010 YES None 03 1
2. S. 228th St. BNSF/Federal Highway
Administration Section 129 Funds
YES Mark Madfai 05 5
3. Convey Sanitary Sewer Easement to King
County
YES Mike Gillespie 05 9
4. Information Only/National Pollutant Discharge
Elimination System (NPDES) Overview
NO Shawn Gilbertson 15 27
5. NPDES Grant YES Shawn Gilbertson 05 29
6. Information Only/Noel Gilbrough Consultant
Services Agreement
NO Alex Murillo 05 31
7. Information Only/Horseshoe Bend Budget
Status
NO Mark Madfai 10 47
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PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent.
Committee members Ron Harmon and Les Thomas were present. The meeting was called
to order at 4:03 p.m.
Thomas received concurrence on all items from Raplee prior to the meeting.
ITEM 1 – Approval of Minutes Dated December 7, 2009:
Committee Member Harmon moved to approve the minutes of December 7, 2009.
The motion was seconded by Thomas and passed 3-0, with Raplee’s concurrence.
ITEM 2 – Consultant Services Contracts for Horseshoe Bend Levee Improvement
Project:
Mark Madfai, Design Engineering Supervisor. Madfai noted that the City was successful in
obtaining a $10,000,000 grant from the Washington State Department of Ecology for
reconstruction of levees along the Horseshoe Bend section of the Green River.
Preliminary design of the project is well underway. The City is now beginning the right-of-
way acquisition phase of the project which will require the services of consultants. The
Public Works Department is requesting authorization to enter into contracts with the
following four consulting firms:
- Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14
appraisals.
- The Eastman Company in the amount of $63,100 for preparation of 13 appraisals.
- The Granger Company in the amount of $25,000 for review of the appraisals.
Appraisal review is a requirement of the federal acquisition process.
- Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation
assistance for displaced owners and tenants is a requirement of the federal acquisition
process.
Harmon moved to recommend Council authorize the Mayor to sign consultant
Services Contracts with Strickland, Heischman & Hoss, The Eastman Company,
The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee
Improvement Project subject to terms and conditions acceptable to the City
Attorney and the Public Works Director. The motion was seconded by Thomas
and passed 3-0, with Raplee’s concurrence.
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PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
ITEM 3 – Consultant Services Agreement w/Northwest Hydraulics Consultants
for Horseshoe Bend:
Mark Madfai, Design Engineering Supervisor stated that Northwest Hydraulic Consultants
Inc will conduct hydraulic modeling of the Horseshoe Bend Levee. This work is required to
determine a levee cross section that will be used to reconstruct the levees for acceptance
by the US Army Corps of Engineers and FEMA.
Committee members requested a breakdown of the total dollars spend on the Horseshoe
Bend Levee project to date.
Harmon moved to authorize the Mayor to sign the consultant services agreement
with Northwest Hydraulic Consultants Inc. (NHC) for $22,253. The agreement is
subject to terms and conditions acceptable to the City Attorney and the Public
Works Director. The motion was seconded by Thomas and passed 3-0, with
Raplee’s concurrence.
ITEM 4 – Cancel Public Works Meeting of January 18, 2010:
Public Works Director, Tim LaPorte asked that the Public Works Committee Meeting of
January 18, 2010 be cancelled due to the Martin Luther King Holiday.
There was no formal motion made. It was agreed that the meeting would be
cancelled due to the Martin Luther King Holiday.
ITEM 5 – Special Public Works Committee Meeting Set Date:
Tim LaPorte, Public Works Director, requested that there be a Special Public Works
Committee meeting to be held on Monday, January 25, at 4:00 p.m.
No formal motion was made. Committee members concurred with LaPorte that a
Special Public Works Committee meeting held on Monday, January 25, 2010 at
4:00 p.m.
ITEM 6 Heard as Item 7 – Information Only/2010 Public Works Department
Work Plan:
Public Works Director, Tim LaPorte gave an informative PowerPoint Presentation on the
Public Works Departments 2010 Work Plan.
No Motion Required/Information Only
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PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
Added Item:
Item 7 – Heard as Item 6: Transit Now Route 153, Amendment #1 to Partnership
Agreement:
Cathy Mooney, Senior Transportation Planner let Council members know that there will be
no additional money requested for Amendment No. 1. There will however, be a reduction
due to the economy. Mooney explained that this Amendment is effective with the
February 2010 service change through the summer service change 2013. As described in
the Amendment, Route 153 midday service will be reduced from 24 trips to 12 trips for
hourly service. King County will cover one-third of the cost.
Harmon moved to recommend that Council authorize the Mayor to sign
Amendment No. 1 to Transit Now Direct Financial Partnership Agreement for
King County Metro Route 153, upon concurrence of the language there in by the
City Attorney and the Public Works Director. The motion was seconded by
Thomas and passed 3-0, with Raplee’s concurrence.
Adjourned:
The meeting was adjourned at 5:28 p.m.
The Next Scheduled Meeting:
January 18, 2010 has been cancelled due to the Martin Luther King holiday.
Special Public Works Committee Meeting:
Monday, January 25, 2010
Cheryl Viseth,
Public Works Committee Secretary
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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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mark Madfai, Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: S. 228th St. Grade Separations STP
Summary:
The City was notified of this federal earmark in March 2008. At that time the Grade
Separation Project at the Union Pacific (UP) and BNSF was considered as one
project. The City was in the process of breaking out the federal project into two
separate projects to simplify the budgeting and accounting since the timing of work
at the UP was unknown. Separating out the projects includes revising the
environmental documentation, modifying the State Transportation Improvement
Plan (STIP) through the Puget Sound Regional Council (PSRC) and modifying and
preparing a new Local Agency Agreement with WSDOT. The funds cannot be
obligated until this process was completed. At this time the process is nearly
complete and City will soon be able to obligate these funds.
Budget Impact:
The City will receive $122,500 of additional federal funding for the 228th St. Grade
Separations.
Motion:
Recommend Council authorize the acceptance of federal funds in the amount of
$122,500 for the S. 228th Street Grade Separations and direct staff to establish a
budget for the funds.
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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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mike Gillespie, Development Engineering Manager
Through: Timothy J. LaPorte P.E., Public Works Director
Subject: Convey Sanitary Sewer Easement to King County
Motion:
Move to authorize the Mayor to execute the attached sanitary sewer
easement to King County. The final easement shall be subject to the
approval of the Public Works Director and the City Attorney.
Summary:
On July 21, 2009, Council approved the Interlocal Agreement between King County and
the City of Kent for the Transfer of Drainage Facilities and property interest. Included
within the storm drainage tracts to be deeded by King County to the City is Tract A of
the Oakhill plat, tax parcel number 630600-0220 (“Tract A”). King County's Kent
Auburn Conveyance Systems Improvement Project, Permit RECC 2091941 (“Project”)
includes sanitary sewer improvements within Tract A. King County needs a sanitary
sewer easement from the City over Tract A for the future construction of these regional
sewer improvements.
The regional sewer improvements do not interfere with the City’s use of Tract A for a
storm detention pond/facilities and the regional sewer improvements are of a benefit to
the public including the City of Kent. The Public Works department recommends
approval of the easement to King County at the same time King County conveys Tract
A to the City of Kent by Quit Claim Deed.
The sanitary sewer easement is attached.
Budget Impact:
None
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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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: National Pollutant Discharge Elimination System (NPDES) Phase
II Permit Update
Summary:
The City of Kent is covered under the NPDES Phase II Municipal Stormwater permit.
This permit is mandated by the Federal Clean Water act and is administered by the
Department of Ecology in WA State.
Requirements of the permit include developing a Stormwater Management Program
that addresses the following items:
Public Education and Outreach
Public Involvement
Illicit Discharge Detection and Elimination
Stormwater Regulations for Development
Operations and Maintenance Program
To date; the City of Kent has met all requirements of the permit on time. The Public
Works Department is working to ensure the City continues to meet the increasingly
stringent requirements of the permit. Operations and Maintenance of City-owned
facilities, including all catch basins and stormwater ponds, will present a significant
challenge to Public Works staff.
Budget Impact:
None.
Motion:
No Motion Required/Information Only
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City of Kent
National Pollutant Discharge National Pollutant Discharge gg
Elimination System (NPDES) Elimination System (NPDES)
Phase II PermitPhase II Permit
Overview & UpdateOverview & UpdateOverview & UpdateOverview & Update
Public Works CommitteePublic Works Committee
January 25, 2010January 25, 2010
Federal Clean Water Act Federal Clean Water Act
NPDES Pe mitting S stemNPDES Pe mitting S stemNPDES Permitting SystemNPDES Permitting System
RltdihRltdih••Regulates discharges Regulates discharges
to “Waters of the to “Waters of the
UitdStt ”UitdStt ”
––StreamsStreams
United States.”United States.”
StreamsStreams
––LakesLakes
––WetlandsWetlandsWetlandsWetlands
–– Puget SoundPuget Sound
NPDES PermitsNPDES Permits
••Industrial facilitiesIndustrial facilities
NPDES PermitsNPDES Permits
••Construction activitiesConstruction activities
NPDES PermitsNPDES Permits
••Municipalities Municipalities ––Cities & CountiesCities & Counties
NPDES Municipal Phase II PermitNPDES Municipal Phase II PermitSucpa ase e tSucpa ase e t
••Stormwater Management ProgramStormwater Management Program
••Public EducationPublic Education
gggg
••Public InvolvementPublic Involvement••Illicit Discharge Detection and EliminationIllicit Discharge Detection and Elimination••Development Pollution PreventionDevelopment Pollution Prevention••Operations and MaintenanceOperations and Maintenance
Public EducationPublic Education
••Residents, Businesses, Industry, City Residents, Businesses, Industry, City
••Eliminate behaviors that pollute stormwaterEliminate behaviors that pollute stormwaterpp
••Wide range of Educational ActivitiesWide range of Educational Activities
••Presentations Flyers InspectionsPresentations Flyers Inspections••Presentations, Flyers, InspectionsPresentations, Flyers, Inspections
Public InvolvementPublic Involvement
••Opportunities for Participation and InputOpportunities for Participation and Input
••Open Houses Public MeetingsOpen Houses Public Meetings••Open Houses, Public MeetingsOpen Houses, Public Meetings
••Stormwater WebsiteStormwater Website
Illicit Discharge Detection & Illicit Discharge Detection &
Elimination (IDDE)Elimination (IDDE)Elimination (IDDE)Elimination (IDDE)
••Illicit Discharges are nonIllicit Discharges are non--stormwater stormwater
discharges to the stormwater conveyance discharges to the stormwater conveyance
system or to surface waters.system or to surface waters.
Ull tUll t B t likB t likUsually not Usually not
like this…like this…
But like But like
this…this…
Illicit Discharge Detection & Illicit Discharge Detection &
Eli i ti (IDDE) PEli i ti (IDDE) PElimination (IDDE) ProgramElimination (IDDE) Program
••To abate illicitTo abate illicit••To abate illicit To abate illicit
connections and connections and
dischargesdischargesdischargesdischarges
••SpillsSpills
••Dumped materialDumped material
••IDDE OrdinanceIDDE Ordinance••IDDE OrdinanceIDDE Ordinance
••Spill / Illicit Discharge Hotline (856Spill / Illicit Discharge Hotline (856--5600)5600)
fhbld fffhbld ff••Reports from the Public and City staff Reports from the Public and City staff
Development Pollution PreventionDevelopment Pollution Prevention
••Stormwater Regulations for Development Stormwater Regulations for Development
and Reand Re--Development in the CityDevelopment in the Cityand Reand Re Development in the CityDevelopment in the City
Development Pollution PreventionDevelopment Pollution Prevention
••New Surface Water New Surface Water
Design ManualDesign ManualDesign ManualDesign Manual
••Inspection programInspection program
••Operations andOperations and••Operations and Operations and
MaintenanceMaintenance
DiDi••DocumentationDocumentation
••Bottom Line Bottom Line ––Pollution prevention equivalent Pollution prevention equivalent pqpq
to Ecology’s Stormwater Manual for all to Ecology’s Stormwater Manual for all
development that disturbs 1 acre or more development that disturbs 1 acre or more pp
Operations and MaintenanceOperations and Maintenance
••Maintenance Standards (’05 Ecology Manual)Maintenance Standards (’05 Ecology Manual)
••Annual Inspection of all SW FacilitiesAnnual Inspection of all SW Facilities••Annual Inspection of all SW FacilitiesAnnual Inspection of all SW Facilities
••Spot checks after 10Spot checks after 10--yr storms (high risk)yr storms (high risk)
Operations and MaintenanceOperations and Maintenance
••All catch basins req. inspection by Feb 2012All catch basins req. inspection by Feb 2012
PthLkA ti APthLkA ti A••Panther Lake Annexation AreaPanther Lake Annexation Area
••Documentation for all inspectionsDocumentation for all inspections
Compliance Compliance –– Citizen LawsuitsCitizen Lawsuits
••Clean Water Act allows for thirdClean Water Act allows for third--party party
lawsuits for nonlawsuits for non--compliance with Clean compliance with Clean
Water Act.Water Act.
CWA Sec 505: ”…any citizen may commence a yy
civil action against any person and any other
governmental agency who is alleged to be in
violation of any provisions of the CWA”violation of any provisions of the CWA
paraphrased from CWA
“Group uses lawsuits to help clean up Sound
Citizens take aggressive stand against pollution”Seattle PI –Jan 2009 –re: Puget Soundkeepers Alliancegp
NPDES ProgressNPDES Progress
Accomplishments Accomplishments --
••100% compliance to date100% compliance to date••100% compliance to date100% compliance to date
••Interdepartmental Interdepartmental
cooperationcooperationcooperationcooperation
••Management supportManagement support
Challenges Challenges --
••Operations and MaintenanceOperations and Maintenance••Operations and Maintenance Operations and Maintenance
••StaffingStaffing
Questions?Questions?
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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Timothy J LaPorte, P.E., Public Works Director
Subject: Department of Ecology – NPDES Phase II Stormwater Grant
Summary:
The Washington State Department of Ecology issued the Western Washington
Phase II Municipal Stormwater Permit on January 17, 2007. The City of Kent was
required to seek coverage under this permit, which became effective on February
16, 2007 and will expire on February 15, 2012. Since the effective date of the
permit, Public Works Engineering has been working to implement the permit
program requirements.
The City of Kent has been awarded a $50,000 grant from the Department of
Ecology under the Phase II Stormwater Pass-through Grant program. This grant is
offered to assist the city in the implementation of the Phase II municipal
stormwater National Pollutant Discharge Elimination System (NPDES) permit.
The funds can be used for data collection, updating stormwater regulations, source
control, public education and outreach, illegal discharges into the City’s stormwater
system, and other activities consistent with the NPDES permit program.
Budget Impact:
The City will receive $50,000 from the Washington State Department of Ecology. No
match is required. The NPDES program is fully funded within the City’s storm
drainage utility.
Motion:
Move to recommend Council authorize the Mayor to accept a $50,000
stormwater grant from the Washington State Department of Ecology.
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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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Alex Murillo, P.E., Environmental Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Green River Flood Protection and Ecosystem Restoration Projects
Consultant Contract with Noel Gilbrough for Engineering Services
Summary:
The City of Kent is working on a number of projects along the Green River which
involve flood protection and ecosystem restoration. The flood protection projects
include levee repair and improvements along the Horseshoe Bend Levee. Ecosystem
restoration projects include the Upper Russell Road Levee (the Lakes Levee) and the
Riverview Park Channel.
Flood protection and habitat restoration projects along the Green River require close
coordination with federal agencies, including the US Army Corps of Engineers
(Corps). To navigate the Corps’ process, guidance and experience from former
Corps staff is invaluable to the City of Kent.
The Consultant Contract with Noel Gilbrough, PE, for Engineering and Environmental
Services, will provide this service. With over 35 years of service with the Army
Corps of Engineers, Noel Gilbrough will provide the city guidance and consultation on
the Corps’ processes, for the city’s flood protection and ecosystem restoration
projects. In addition, Mr. Gilbrough has significant first-hand experience with flood
fights and could provide this service if necessary during a flood event.
Budget Impact:
No Impact. Funds for this contract have been budgeted through the drainage utility.
Motion:
No Motion Required/Information Only
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CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Noel Gilbrough, P.E.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Noel Gilbrough, P.E. organized under the laws of the State of
Washington, located and doing business at 7359 23rd Ave. NW, Seattle, WA 98117, Phone:
(206) 784-1894 (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 professional engineering and environmental services
for Flood Control Projects, Ecosystem Restoration Projects, and Emergency Flood
Fight. 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, 2010.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Two Thousand, One Hundred Dollars ($22,100.00) for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
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
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CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant’s services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant’s business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant’s possession pertaining to this project, which may be
used by the City without restriction. If the City’s use of Consultant’s records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's negligent performance of this Agreement.
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 C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City’s request. The City’s use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
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.
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CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
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:
Noel Gilbrough, P.E.
7359 23rd Ave. NW
Seattle, WA 98117
(206) 784-1894 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Gilbrough - Flood & Ecosystem Restoration/Murillo
37
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: _________________________________________
38
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.
39
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
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: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mark Madfai, Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Horseshoe Bend Levee Improvements – Status and Budget
Summary
Summary:
The City has received a $10 million grant for levee improvements to the Horseshoe
Bend levee. This grant is administered through the WA. State D.O.E., they have held
back $200,000 for grant administration, leaving the City with $9.8 million. A budget
summary will be presented at the meeting.
The City is currently hiring consultants for the following items of work:
Geotechnical Engineering $135,280
Structural Engineering $34,676
Hydraulic modeling $28,892
Environmental documentation $42,262
Right of Way acquisition $223,400
In order to start construction on the levees this year, the City has phased the levee
work and has identified the portion between SR 167 and 3rd Ave. as the first phase.
We are currently working on design, right of way acquisition and are having ongoing
meetings with the various agencies involved including, the US Army Corps of
Engineers, Department of Ecology, FEMA, King County, the Muckleshoot Indian
Tribe, and other environmental agencies. We are also moving forward on acquiring
permits and preparing the SEPA document.
Budget Impact:
None.
Motion:
No Motion Required/Information Only
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