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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 02/01/2010Public 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. February 1, 2010 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes Dated January 25, 2010 YES None 03 1 2. Contract w/Natural Systems Design for E. Fork Soosette Creek Channel Improvements YES Toby Hallock 05 3 3. East Valley Highway (84th Ave. S.) Fund Authorization YES Chad Bieren 05 15 4. Contract w/Tetra Tech for Lakes Monitoring YES Matt Knox 05 21 5. WA State Department of Ecology Coordinated Prevention Grant (CPG) YES Gina Hungerford 05 37 6. King Co. Waste Reduction and Recycling Grant (WRR) YES Gina Hungerford 05 63 7. Contract w/Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs YES Gina Hungerford 05 85 8. Information Only/Solid Waste Update NO Kelly Peterson/ Gina Hungerford 10 101 9. Cancel Public Works Committee Meeting of February 15, 2010 YES Tim LaPorte 03 103 10. Special Public Works Committee Meeting – Set Date YES Tim LaPorte 03 105 This page intentionally left blank. PUBLIC WORKS COMMITTEE MINUTES Monday, January 25, 2010 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:03 pm. ITEM 1 – Approval of Minutes Dated January 4, 2010: Committee Member Harmon moved to approve the minutes of January 4, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 – South 228th Street BNSF/Federal Highway Administration Section 129 Funds: Mark Madfai, Design Engineering Supervisor stated that the City was notified of a federal earmark in March 2008 for $122,500. At that time the Grade Separation Projects at both the Union Pacific (UP) and Burlington Northern Santa Fe (BNSF) were considered as one project. The City is in the process of separating them into two projects. In order to do this, certain criteria must be met. The funds cannot be obligated until this process is completed. Madfai noted that the process is nearly complete and the City will soon be able to obligate these funds. Higgins moved to recommend Council authorize the acceptance of federal funds in the amount of $122,500 towards the South 228th Street Grade Separations, direct staff to establish a budget for the funds. The motion was seconded by Harmon and passed 3-0. ITEM 3 – Convey Sanitary Sewer Easement to King County: Mike Gillespie, Development Engineering Manager stated that Council previously approved the Interlocal Agreement between King County and the City of Kent for the Transfer of Drainage Facilities and property interest. Gillespie noted that included within the storm drainage tracts to be deeded by King County to the City, is Tract A of the Oakhill plat. King County needs a sanitary sewer easement from the City over Tract A for future construction of these regional sewer improvements. Harmon moved 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. The motion was seconded by Higgins and passed 3-0. ITEM 4 – Information Only/National Pollutant Discharge Elimination System (NPDES) Overview: Environmental Scientist, Shawn Gilbertson gave an overview of the National Pollutant Discharge Elimination System, Phase II Municipal Stormwater permit, which the City of Kent is covered under. The NPDES permit is mandated by the Federal Clean Water Act and is administered by the Department of Ecology in Washington State. Gilbertson went on to explain the requirements of the permit. The City continues to meet the increasingly stringent requirements of the permit. No Motion Required/Information Only 1 PUBLIC WORKS COMMITTEE MINUTES Monday, January 25, 2010 ITEM 5 – National Pollutant Discharge Elimination System (NPDES) Grant: Environmental Scientist, Shawn Gilbertson explained that Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, requiring the City to seek coverage under this permit. The permit will expire in February 2012. Since the effective date of the permit, Public Works engineering has been working to implement other permit program requirements. The City was awarded $50,000 in grant money from the Department of Ecology under the Phase II Stormawater Pass-through Grant program. The grant will assist the City in the implementation of the Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit. No match is required of this grant. Higgins moved to recommend Council authorize the Mayor to accept a $50,000 stormwater grant from the Washington State Department of Ecology. The motion was seconded by Harmon and passed 3-0. ITEM 6 Information Only/Noel Gilbrough Consultant Services Agreement: Public Works Director, Tim LaPorte introduced Alex Murillo who explained that the City is working on a number of projects along the Green River which involve flood protection; levee repair and improvements along the Horseshoe Bend Levee; Ecosystem restoration projects including the Upper Russell Road Levee (the Lakes Levee) and the Riverview Park Channel. The consultant, Noel Gilbrough, PE, who has over 35 years of service with the Army Corps of Engineers, will be able to provide the expertise we do not have on staff. It is anticipated that we may use his services up to five years. No Motion Required/Information Only Item 7 – Information Only/Horseshoe Bend Budget Status: Engineering Supervisor, Mark Madfai, at the request of committee members at the January 4, Public Works Committee meeting presented the Horseshoe Bend Levee Improvements status and budget summary along with an informative PowerPoint presentation. No Motion Required/Information Only Adjourned: The meeting was adjourned at 4:42 p.m. The Next Scheduled Meeting: February 1, 2010 Cheryl Viseth, Public Works Committee Secretary 2 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: February 1, 2010 From: Toby Hallock, Environmental Engineer I Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Fork Soosette Creek Channel Improvements at 144th Avenue SE- Natural Systems Design Consultant Contract Summary: East Fork Soosette Creek, which is south of Lake Meridian, flows to the west under 144th Avenue SE. The creek floods over 144th Avenue SE multiple times per year during rain events, causing standing water on the road and unsafe conditions for drivers as well as pedestrians. After investigating the site, it appears the creek does not have a channel to flow down as it passes through a wetland on the west side of the road. The original creek channel has disappeared as it is now filled-in with silt and debris. Instead of flowing through the wetland, water backs up and ponds over 144th Avenue SE. This contract will have Natural Systems Design investigate the site, prepare alternative drainage solutions, and analyze a selected design to determine if creating a new channel will improve creek flows. This work along East Fork Soosette Creek will help us to address flooding on 144th Avenue SE. Budget Impact: Budgeted in Storm Drainage Master Plan Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Contract with Natural Systems Design to evaluate channel improvements on the East Fork of Soosette Creek in the amount of $34,310 upon concurrence of the language therein by the Public Works Director and City Attorney. 3 This page intentionally left blank. 4 CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Natural Systems Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design organized under the laws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone: (206) 285-7332/Fax: (206) 268-0112, Contact: Alan Johnson (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 analyze and develop alternatives for conveyance improvements for the East Fork Soosette Creek - 144th Ave. Culvert Replacement Project. For a description, see the Consultant's January 5, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Four Thousand, Three Hundred Ten Dollars ($34,310.00) 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. 5 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 6 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 7 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. 8 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: Alan Johnson Natural Systems Design PO Box 15609 Seattle, WA 98115 (206) 285-7332 (telephone) (206) 268-0112 (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 Natural Systems Design - E Fk Soosette Crk/Hallock 9 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 ____ , 20___. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 10 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. 11 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 , 20____. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 12 13 14 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 26, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Chad Bieren, P.E. – Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Valley Highway (84th Avenue S.) Fund Authorization Summary: Public Works Department staff applied for and was awarded several federal grants to construct the East Valley Highway Improvements Project (Local Improvement District #362) between 2004 and 2009. A total of $3,870,145 was awarded on three separate federal grant applications. The largest grant, a $2,000,000 American Recovery and Reinvestment Act (ARRA) ‘stimulus’ grant was accepted last summer and design funds totaling $95,755 were accepted in 2006. The remaining $1,815,564 is available and needs to be accepted by Council. Budget Impact: The grant funds were included in the project estimate at the time the construction contract was awarded. Motion: Move to recommend Council accept Federal grant monies for construction of the East Valley Highway Project in the amount of $1,815,564, establish a budget for the funds, and authorize the Public Works Director to sign all necessary documents. 15 This page intentionally left blank. 16 17 18 19 20 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: February 1, 2010 From: Matt Knox, Environmental Ecologist Through: Timothy J. LaPorte, P.E., Public Works Director Subject: 2010 Lakes Monitoring Contract Summary: Lake Fenwick is currently not meeting water quality thresholds established by the Washington State Department of Ecology and the Environmental Protection Agency for total phosphorus. Water quality is also a concern at Lake Meridian, with the Lake being listed on the 303d list (the nation’s list of “impaired waters”) for two parameters (fecal coliform and total phosphorus) and proposed for listing for six others. The City has enacted a number of measures to improve water quality at both lakes including: Constructing and requiring (on private systems) stormwater treatment measures; Educating residents about ways to reduce polluted runoff (e.g. natural yard care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish to reduce non-native aquatic plants. More improvements are proposed in the near future including increasing the capabilities of the aeration system and treating Lake Fenwick with non-toxic algae inhibiting chemicals. In order to assess progress in improving water quality and in meeting standards, water quality and aquatic weed monitoring needs to continue. This contract will meet these goals and help prioritize future lake management decisions. Budget Impact: No additional unbudgeted funds will be required. Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in the amount of $47,144.50 to monitor surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2010 upon concurrence of the language therein by the City Attorney and the Public Works Director. 21 22 CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101, Phone: (206) 728-9655/Fax: (206) 728-9670, Contact: Justin Nodolf (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 monitor the environmental conditions at Lake Fenwick and Lake Meridian. For a description, see the Consultant's January 22, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Seven Thousand, One Hundred Forty Four Dollars and fifty cents ($47,144.50) 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. 23 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 24 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 25 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. 26 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: Justin Nodolf Tetra Tech, Inc. 1420 5th Ave., Suite 550 Seattle, WA 98101 (206) 728-9655 (telephone) (206) 728-9670 (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 Tetra Tech - 2010 Lakes Monitoring/Knox 27 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: _________________________________________ 28 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. 29 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: _________________________________________ 30 City of Kent 1 Tetra Tech, Inc. EXHIBIT A Scope of Work For 2010 Water Quality Monitoring January 22, 2010 Prepared for: City of Kent Prepared by: Tetra Tech, Inc. 1420 5th Avenue, Suite 550 Seattle, WA 98101 Attn: Justin Nodolf or Harry Gibbons 206.728.9655 Scope Overview The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2010 is a continuation of the monitoring efforts performed during 2008 and 2009 plus additional monitoring for data needed to construct water quality models of the lake and its watershed. The scope of work describes the specific activities that Tt will perform in order to aid the City’s continued effort to collect water quality data of its lakes for 2010. The primary goals of this project are to 1.) Continue to collect baseline data for annual assessment of the lakes environmental health and to provide a long-term database for potential management decisions in the future and 2.) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL listing for phosphorus. Therefore the specific objective of this scope of work is to collect data from each of the two lakes on phosphorus, temperature, dissolved oxygen (DO), pH, Secchi disk, Chlorophyll a, and phytoplankton. Additionally inflow monitoring will be collected to support the assessment of the Lake Fenwick wetland, sediment cores for in-lake activities assessment and prioritization, water level data for inlet, outlet, and lake. The collected dataset will be summarized and a detailed assessment made as to the overall condition of the lakes for 2010 using data from 2007 through 2010. Specific scope of work is outlined below. Cost estimated for these tasks are included in Exhibit A. This scope of work is for the cost associated with the collection of the samples only and does not reflect any laboratory analysis. It is assumed that all laboratory analysis will be paid for in full by the City. Transporting of the samples to the appropriate laboratory will be provided by Tt and is included within this estimate. Allowing the City to directly pay for the laboratory analysis is expected to save the City in direct fixed cost associated with the monitoring of the proposed sites. 31 City of Kent 2 Tetra Tech, Inc. Detailed Work Tasks: Task 1 Project Management 1.1 Tt will prepare monthly invoicing. 1.2 Tt will perform monthly QA/QC analysis of field and laboratory data to ensure the on-going validity of the collected data. Deliverables:  Monthly invoices Task 2 Monitoring Described below are the specific sampling tasks that will occur during the 2010 monitoring period. Sampling events will occur on or approximately on the following dates: February –24th March – 17th April – 7th, 22nd May – 12th June – 9, 23rd July – 7th, 22nd August – 5th, 19th September – 8th, 22nd October – 6th, 21st November – 18th The following tasks will be performed during each sampling event: Lake Meridian Monitoring During each sampling event listed above water quality samples will be taken at the deepest point of the lake at a depth of 1 meter below the lake surface. The water sample will be analyzed for TP (total phosphorus), chl a (chlorophyll a), and phytoplankton. Water transparency will be determined with a Secchi disc on each sampling occasion. Dissolved oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. On two sampling events, one in March and one in September, additional samples will be collected for TP and chl a analysis at mid depth and 0.5 meter above bottom sediments. Lake Meridian Stormwater Sampling Stormwater samples will be collected at 5 locations designated by the City within the Lake Meridian drainage basin and coincide with the in-lake monitoring activities. Water samples will be collected for SRP (soluble reactive phosphorus) and TP analysis. In-situ parameters consisting of DO, pH, turbidity, and temperature will be recorded during each event when flow is present. Discharge will not be measured during each event. 32 City of Kent 3 Tetra Tech, Inc. Lake Fenwick Monitoring In-lake activities at Lake Fenwick will include water quality samples taken during each sampling event listed above at the deepest point of the lake at a depth of 1 meter below the lake surface, mid depth, and 0.5 meters above bottom sediments for TP and chl a. Additionally, phytoplankton will be collected at 1 meter below the lake surface. Water transparency will be determined with a Secchi disc on each sampling occasion. Dissolved oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. Fenwick Wetland Monitoring External loading into the lake will be monitored at the upstream treatment wetland installed by the City as part of the restoration program. Since the outflow from the wetland is Lake Fenwick’s largest inflow source other than direct precipitation, sampling of the wetlands inflow/outflow will be representative of the lakes external loading contribution from runoff. TP samples will be collected at the wetlands inlet and outlet when flow is present and will coincide with in-lake monitoring efforts described above. The differential of the two measurements is intended to demonstrate the effectiveness of the wetland and other upstream BMPs. Lake Meridian Swimming Beaches A continuation from previous monitoring efforts, Fecal Coliform (FC) sampling events will be obtained from the two designated sampling locations within the swimming area at Lake Meridian. The events will coincide with sampling dates occurring in late July through early September (July 22nd, August 5th, August 19th, and September 8th). A total of 8 FC samples will be collected and analyzed. Assumptions:  Laboratory testing will be performed at Aquatic Research, Inc. and will be paid for directly by the City. Phytoplankton samples will be analyzed at Water Environmental Services, Inc. and will be paid for directly by the City. Tt will be responsible for transporting the samples to the laboratories mentioned above. Tt will provide QA/QC of the results from samples delivered. Deliverables:  Water quality data collected during the sampling events listed in Task 2 in hard copy and electronic form (Included within Technical Memorandum) Task 3 Lake Fenwick Macrophyte Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009. To document the effectiveness of introducing grass carp into the lake, a detailed survey for mapping and assessment of grass carp impact on macrophytes will be conducted in August. A Trimble ProXH GPS Receiver will be used to map the spatial 33 City of Kent 4 Tetra Tech, Inc. extent of macrophytes within Lake Fenwick. Species type and abundance will be recorded. The data recorded during the August survey will be compared with mapping results collected in 2001 by divers. The results of the survey, the comparison, and detailed mapping of the macrophytes will be summarized in the technical memorandum detailed in Task 4. Deliverables:  Post-Processed GPS files and GIS Shapefiles of macrophyte mapping Task 4 Water Quality Technical Memorandum A technical memorandum presenting the data in tabular and graphical form will be performed. An assessment of the water quality for 2010 for the sites listed in Task 2 and 3 will be included within this memorandum. In addition, a comprehensive assessment of water quality and phytoplankton trends will be conducted using data collected from 2006 through 2010. This assessment will detail interrelationships between the water quality parameters and primary production and species community structure. It will also identify potential environmental risks or problems that need to be considered in the management planning process for each lake. Deliverables:  Technical memorandum presenting the data in tabular and graphical form and relative assessment of water quality for 2010 and an detail assessment of data from 2006-2010. Report will include data collected by Tt. Two hard copies and one compact disk will be submitted. Task 5 Collect Water Levels Tetra Tech will place and maintain data loggers to collect information on temperature and water levels at the inlet (outlet of the wetland) outlet channel, and lake level at Park Dock. Data will be downloaded at the time of sampling and recorded for future water quality and modeling uses. Deliverables:  Hourly water level data for lake, inlet and outlet Task 6 Collect and Analyze Sediment Cores Tetra Tech will collect sediment cores with a 30 cm or more length for phosphorus characterization by sediment depth. Two cores will be collected from near the aerator, one core will be collected from the north end of the lake and another from the south end of the lake. Each core will be analyzed for % solids, % water, % volatile solids, TP, Loosely Bound-P, Iron Bound-P, Aluminum Bound-P, Aluminum, and iron at the following sediment depths: 0-2 cm 2-4 cm 4-6 cm 6-10 cm 34 City of Kent 5 Tetra Tech, Inc. 10-15 cm 15-20 cm 20-25cm 25-30 cm TETRA TECH, INC. - Surface Water Group CITY OF KENT WATER QUALITY MONITORING FEE ESTIMATE Principal Scientist Project Engineer Staff Biologist Field Technician Admin Support Total Hours Total Labor with OH Direct Labor + OH >>> $202.00 $134.00 $94.00 $60.00 $54.00 Work Task # Description 1 Project Management 6 6 $804.00 2 Monitoring 2 4 224 230 $14,380.00 3 Lake Fenwick Macrophyte Survey 2 16 18 $1,364.00 4 Technical Memorandum 24 16 100 16 2 158 $17,460.00 5 Collect Water Levels 2 8 48 $4,356.00 6 Sediment Cores 16 4 16 $4,568.00 TOTAL LABOR: $42,932.00 Unit Unit Cost Quantity Cost day $20.00 16 $320.00 day $20.00 16 $320.00 day $20.00 16 $320.00 day $50.00 17 $850.00 Data Recorders for water level month $25.00 36 $900.00 Core Rental and supplies one event $400.00 1 $400.00 day $110.00 2 $220.00 $3,330.00 Unit Unit Cost Quantity Cost pg $0.10 500 $50.00 $50.00 Unit Unit Cost Quantity Cost miles $0.555 1,500 $832.50 $832.50 TOTAL COST: $47,144.50 Fee Estimate MATERIALS REPRODUCTION TOTAL MATERIALS: TOTAL TRAVEL: TRAVEL Notes GSA mileage rate Notes NotesDescription Temperature Dissolved Oxygen pH Sampling Memo Mileage Description TOTAL REPRO: Boat Rental Description GPS Rental 35 This page intentionally left blank. 36 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 20, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Washington State Department of Ecology Coordinated Prevention Grant (CPG) Summary: The Washington State Department of Ecology CPG grant will be used to fund Residential and Commercial Waste Reduction and Recycling Programs in 2010-2011. Tasks include three Special Recycling and Collection events for residents and businesses to collect hard to recycle items, and efforts to educate citizens to participate in the City’s expanded food scrap collection services to improve public recycling rates and improve waste diversion. Budget Impact: The City will receive $54,940 from the Washington State Department of Ecology for 2010. Motion: Move to recommend Council authorize the Mayor to sign the Coordinated Prevention Grant Contract for $54,940 for 2010. 37 This page intentionally left blank. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 This page intentionally left blank. 62 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 20, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: King County Solid Waste Division Waste Reduction and Recycling Grant (WRR) Summary: The King County WRR Grant funds special recycling events for residents and businesses to collect hard-to-recycle materials, purchase, distribute and promote products made from recycled materials, including compost bins, rain barrels, and provide assistance and recognition to the commercial sector to increase waste diversion and recycling. Budget Impact: The City will receive $162,980 over a two year period. No matching funds are required. Motion: Move to recommend Council authorize the Mayor to accept the $162,980 Waste Reduction and Recycling Grant for 2010/2011. 63 This page intentionally left blank. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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 20, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Contract – Olympic Environmental Resources Summary: Olympic Environmental Resources (OER) will assist with organizing and implementing the City of Kent’s Waste Reduction and Recycling Programs. This includes Special Recycling and Collection events for residents and businesses. OER will also assist with the sale of compost bin sales and outreach to benefit the citizens and businesses of Kent. Budget Impact: No Budget Impact. The Consultant Contract is funded entirely through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. Motion: Move to recommend Council authorize the Mayor to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities and Programs for 2010 in the amount of $63,745, upon concurrence of the language therein by the City Attorney and the Public Works Director. 85 This page intentionally left blank. 86 CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262/Fax: (206) 938-9873, Contact: Paul Devine (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall organize two recycling collection events (Spring and Fall), promote business and residential recycling, organize a Spring compost bin and rain barrel sale, and provide grant administration. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand, Seven Hundred Forty Five Dollars ($63,745.00) 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. 87 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 88 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 89 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. 90 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: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 (206) 938-8262 (telephone) (206) 938-9873 (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 OER - 2010 Recycling/Hungerford 91 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: _________________________________________ 92 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. 93 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: _________________________________________ 94 95 96 97 98 99 100 ITEM 8 INFORMATION ONLY SOLID WASTE UPDATE Kelly Peterson, Conservation Supervisor 101 This page intentionally left blank. 102 CANCELLATION NOTICE PUBLIC WORKS COMMITTEE FEBRUARY 15, 2010 This notice is to inform you that the City Council Public Works Committee meeting scheduled for Monday, February 15, 2010, 4:00 p.m., has been cancelled due to Presidents Day Holiday. Councilmembers: Debbie Raplee, Chair Ron Harmon Dennis Higgins The Public Works Committee meets the 1st and 3rd Mondays of each month at 4:00 p.m. in Chambers east, unless otherwise noted. For agenda information please call Cheryl Viseth at 253-856-5504. ANY PERSON REQUIRING DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY OF KENT AT (253) 856-5725 IN ADVANCE FOR MORE INFORMATION. FOR TDD RELAY SERVICE CALL 1-800-635-9993. 103 This page intentionally left blank. 104 ITEM 10 SPECIAL PUBLIC WORKS COMMITTEE MEETING SET DATE Tim LaPorte, Public Works Director 105