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
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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
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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
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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: 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.
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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.
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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
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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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
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
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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.
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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: 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.
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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.
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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.
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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
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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 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.
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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 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.
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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.
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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.
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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
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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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
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
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of ____ , 200__.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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ITEM 8
INFORMATION ONLY
SOLID WASTE UPDATE
Kelly Peterson, Conservation Supervisor
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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.
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ITEM 10
SPECIAL PUBLIC WORKS COMMITTEE MEETING
SET DATE
Tim LaPorte, Public Works Director
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