HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 03/03/2014 (3) 1
Public Works Committee Agenda
40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
�� KENT
WASHINGTON
Meeting Date:
March 3, 2014
4:00 P.m.
Item Description Action Speaker Time Paae
1. Approval of Meeting Minutes February 24, YES None 03 03
2014
2. Goods &Services Agreement with TMG YES Sean Bauer 05 05
Services for Chlorination Equipment for Kent
Springs
3. Acceptance of Grant for the Kent Regional YES Mark Madfai 05 23
Trails Connector Project
4. Consultant Services Agreement with Tetra YES Matt Knox 05 35
Tech, Inc. for 2014 Lakes Water Quality
Monitoring
5. Information Only/Residential Recycling Event, NO Gina Hungerford 10 73
Rain Barrel, Composter &Worm Bin Sale,
Curbside Cleanup & City-Wide Spring Clean
Event
6. Information Only/Republic Services' Rate NO Gina Hungerford 05 75
Adjustment
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 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.
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SPECIAL Public Works Committee Minutes
February 24, 2014
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins and Committee members Dana Ralph and Jim Berrios were
present. The meeting was called to order at 4:03 p.m.
Item 1 — Approval of Meeting Minutes Dated February 3, 2014:
Committee member Ralph MOVED to approve the minutes of February 3, 2014. The
motion was SECONDED by Committee member Berrios and PASSED 3-0.
Item 2 — Information Only/ Vehicle Weight Restrictions:
Chad Bieren, P.E., City Engineer noted that state law allows local municipalities to impose
weight restrictions or vehicle class restrictions on local roads via ordinance or resolution.
Bieren went on to note that in some instances, restrictions may be applicable to protect the
character of a neighborhood or the integrity of local roads from impacts of truck traffic where
cut throughs are occurring.
State law requires school buses, emergency vehicles and vehicles transporting commodities
necessary for the health and welfare of local residents to be authorized by rule or special
permit. Exemptions are also being considered for transit when applicable.
Perry Sobolik who lives on 3r' Avenue South in the Kent SoDo neighborhood handed out copies
of letters from residents including one he wrote himself, the letters stated how long they've
lived in the area; conditions of the road; speeding, and truck traffic. Sobolik also passed out
copies of letters addressed to businesses in the SoDo neighborhood written by Lauren Stephan
on behalf of their neighborhood council, requesting that truck drivers utilize South 2591h Street
to enter businesses, when possible. A petition to the Kent City Council was also handed out, it
has been signed by 30 SoDo residents, and request that an ordinance be adopted to make
truck traffic through their neighborhood illegal.
Councilmembers requested that staff move forward to draft an ordinance restricting truck traffic
in the SoDo neighborhood and put together a plan for where signs will be placed in the area
notifying truck traffic of the restrictions. Staff will also notify local businesses that would be
affected by the ordinance. Staff said they would come back to committee in about a month
with a draft.
Information Only/No Motion Required
Item 3 — Information Only/Snow Response - Update:
Bill Thomas, Street Superintendent briefed committee members on the two significant snow
events that blanketed the area so far this winter. Crews prepared for one of the events on the
Thursday before the snow was due to fall and had everything ready to go when the snow
started falling. Their planning made a huge difference in making the whole event run smoothly.
Information Only/No Motion Required
4
SPECIAL Public Works Committee Minutes
February 24, 2014
Item 4 Information Only/Updated 2014 Business & Occupation Project List:
Tim LaPorte, P.E., Public Works Director presented the B&O Project list to councilmembers for
any changes before bringing it back to the Council for adoption. Each councilmember discussed
their concerns they had with the list. It was decided to remove Communication to Panther Lake
Area Signals ($100,000) and Traffic Control Inter-Connect and Cameras ($100,000) as well as
the Neighborhood Traffic Control Program Capital projects list ($500,000) for a total change of
$700,000. Councilmembers made it clear that all of the projects on the list are important and
that they will try to find funding for the items through some other means.
Information Only/No Motion Required
The meeting was adjourned at 5:02 p.m.
Cheryl Viseth
Council Committee Recorder
5
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 27, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 3, 2014
From: Kevin Swinford, Interim Water Superintendent
Through: Chad Bieren, P.E., City Engineer
Subject: Goods and Service Agreement with TMG Services, Inc. for
Chlorination Equipment for Kent Springs
Item - 2
Motion: Move to recommend Council authorize the Mayor to sign a Goods
and Services Agreement with TMG Services, Inc. for purchase of
chlorination equipment in an amount not to exceed $22,499.00 subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
Summary:
Chlorine is used to kill bacteria and other microbes in the drinking water supply. The
chlorination equipment at our Kent Springs source is reaching the end of its service
life and needs to be replaced. This purchase would include equipment similar to that
used at our other four chlorination sites, which would reduce the amount of repair
parts maintained in stock. The purchase from TMG Services is for parts only; Water
Staff will complete the installation of equipment.
Budget Impact:
There is no unbudgeted fiscal impact as this cost was planned; the ($22,499.00)
would come from the Water Utility capital budget.
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GOODS & SERVICES AGREEMENT
between the City of Kent and
TMG Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the
State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA
98404, Phone: (800) 562-2310/Fax: (253) 779-4165, Contact: Mary Gazdik (hereinafter the
"Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall provide two automatic chlorinators, two chlorine injectors, and
two automatic switchover vacuum regulators for one-ton chlorine containers for the
City's Kent Springs water facility. For a description and Vendor's quote, see Exhibit
A which is attached and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 30, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Two Thousand, Four Hundred Ninety Nine Dollars ($22,499.00), including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
8
The Vendor shall be paid after delivery of chlorination equipment.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
9
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
10
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
11
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
12
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
13
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mary Gazdik Timothy J. LaPorte, P.E.
TMG Services, Inc. City of Kent
3216 East Portland Avenue 220 Fourth Avenue South
Tacoma, WA 98404 Kent, WA 98032
(800) 562-2310 (telephone) (253) 856-5500 (telephone)
(253) 779-4165 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
7MG Services-Chlotlnetlon Equip/Bauer
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
14
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
15
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
16
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
17
Scope of work:
Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine
injectors, and two automatic switchover vacuum regulators for one-ton chlorine
containers, in an amount not to exceed $22,499.00 including sales tax. For a
detailed description of the scope of work, see the vendor quote which is attached as
Exhibit A and incorporated by reference into this agreement.
18
1111111111111111111111111M Aoft 3216 E Portland Avenue
Quality Products- Excellent Service Tacoma, WA 98404
253-779-4160
SERVICES tmginc@tmgservices.net
January 17, 2014
Ron Halverson
Kent, City of-Water
220 Fourth Avenue S.
5821 South 240th
Kent, WA 98032-5985
Reference: Wallace and Tiernan Clorinators
i
Dear Ron:
The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators
for ton containers.Current lead time is 4-6 weeks.
i
1 Wallace and Tienan VI OK Chlorinator
-25 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Wallace and Tienan VI OK Chlorinator
-50 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Pair Wallace and Tiernan Vacuum Regualtors
-Auto Switchover
-200 PPD
-Heater and Drip Leg
2 Wallace and Tiernan %" Injectors
-Nozzle ?
-Tailway?
PRICE: $18,611 (Includes Freight)*
*Does not include Installation or Start-up
Terms&Conditions of Sale:
-F.O.B.: Kent,WA
-Payment Terms: Net 30 Days
-This price is in effect for 60 days. '..
-Submittals, if required,will be provided 2 weeks after receipt of all technical data at T M G Services.
-Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical '..
data at T M G Services.
-Quotation prices do not include any sales taxes or any other taxes that may apply.
-This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed.
Sincerely,
T M G SERVICE'S, INC.
Dean Brown
19
"SIEMENS Siemens Water Technologies, LLC. 10300 Suncrest Drive
Brian F. Shugrue Leavenworth, WA 98826
Regional Sales Manager, Western USA PH: 509-548-6408
FAX: 509-548-2382
brian.shuorue(�siemens.corn
August 1, 2013
To Whom It May Concern:
This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative
for Siemens Wallace &Tiernan products in the States of Washington, Oregon, Idaho, Montana
and Alaska.
Brian Shugrue
20
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
21
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
22
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23
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
Wnsu INGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 25, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 4, 2014
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: Grant Acceptance - Kent Regional Trails Connector
Item - 3
Motion: Move to recommend Council accept the federal grant in the
amount of $1,125,368 for the Kent Regional Trails Connector Project and
direct staff to establish a budget for the funds to be spent within the Kent
Regional Trails Connector Project subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Summary:
The Public Works Department competed for and was successful in obtaining a
$1,125,368 federal grant for the Kent Regional Trails Connector project. This project
will construct a new, east-west, multi-use trail connecting the existing Green River
Trail to the Interurban Trail. The trail location will be adjacent to the Green River
Natural Resources Area and will include the installation of rectangular rapid flashing
beacons at 64th Avenue and 72nd Avenue and a new "HAWK" signal at the crossing of
West Valley Highway. A new, non-motorized bridge will be constructed across Mill
Creek on the east end connecting to the Interurban Trail.
Budget Impact:
Funding for this work will be provided with a local funding match of $176,635.00, a
federal grant from the Federal Highway Administration (FHWA) for $1,125,368.00.
The City's funding match will be through Parks Trails and Open Space funding that
comes to the City, through King County.
24
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AOL
Washington State ecal Agency Fedet�a51 Aid
Department �ff �n��®�tatt®n 5. Project Prospectus
Date 5/9i2013
Prefix Route
Federal Aid \ Central Contractor
Project Number tst�A— Registration Exp.Date
Local Agency / WSDOTI Federal Employer
P )roject Number `Use only Tax ID Number 91-6001254
Agency Federal Program Title
CITY OF ICENT N 20.205 ❑ Other
Project Title Start Latitude N4.7.402423 Stan Longitude W 122.254867
KENT REGIONAL TRAILS CONNECTOR
End Latitude N47.406744 End Longitude _W 122.242169
Project Termini From--To Nearest City Name Project Zip Code
S.224th St&64th Ave S S.218th St&73rd Ave S. KENT 98032
From: To: Length of Project Award Type '....
64th Av S. Interurban 0.84 miles N Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name I WSDOT Region
❑ FHWA N Others STP/CMA 0615 17 KING Northwest Region _
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
8 &9 11, 33 and 47 I
Total Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year
P.E. $247.566 ! $34 286 $213,280 6/2013
RNV
$0 �'� $0 $0_ na
Const. $1 054 437 _ _ $142 349 $_912,088 3/2014
Total $1,302.003 $176,635 $1125,368
Description of Existing Facile Existing Design and Present Condition
Roadway Width Number of Lanes
12 foot wide multi-use trail Not applicable
Both the Interurban Trail and the Green River Trail are used by thousands of people each year,but they are both north/south
corridors in Kent, with no opportunities to transfer from one trail system to the other, except by using the bike facilities in the
street or on sidewalks.
Descrip tit5n 2f P�sed Work
Description of Proposed Work(Attach additional sheet(s) if necessary)
The Kent Regional Trails Connector Project will expand the pedestrian and bicycle network by connecting two regional hails
within the City's street network. An approximately 4,430 long foot hail extension wilt be built comrecthng the Green Rivet-Trail
and the Interurban Trail. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a
new"HAWK"(a high intensity pedestrian activated crosswalk)Katlic signal to encourage year-round use and promore safe
crossings of city sheets.
Local Agency Contact Person Title - Phone
Mark Howlett Design En ineering Managc_r 253-856-5523
Mailing Address City State Zip Code
400 West Gowe St. Kent —AA-1 98032
Project Prospectus Approval ✓ " Approving Authority 1
L Title Director of Public Works Diat' j f'
DOT Form 140-101 EF Page 1 of 3 0 Previous Editions Obsolete j,
Revised 11110
26
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
® New Construction ® Path /Trail ❑ 3-R 12 foot not applicable
❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
❑ Principal Arterial ❑ Principal Arterial
Federal ❑ Urban ® Minor Arterial ❑ Urban ® Minor Arterial
Functional El Collector ❑ Collector
❑ Major Collector ❑ Major Collector
Classification ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ® Flat ❑ Roll ❑ Mountain ® Flat ❑ Roll ❑ Mountain
Posted Speed n/a n/a '..
Design Speed n/a n/a
Existing ADT n/a n/a
Design Year ADT n/a n/a i
Design Year ma n/a
Design Hourly Volume(DHV) n/a n/a '...
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City of Kent % 100
Construction Will Be Performed By Contract Agency
Contractor 100 % ! %
Environmental Classification
❑ Final ® Preliminary
❑ Class I- Environmental Impact Statement(EIS) Class II- Categorically Excluded ICE)
❑ Project Involves NEPA/SEPA Section 404 Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
The trail improvements will be constructed along the surfaces of existing right of ways. Pervious asphalt is proposed along
sections of the trail adjacent to environmentally sensitive areas. The installations of the Rectangular Rapid Flashing Beacons,
marked crosswalks,traffic signals for pedestrians on West Valley Highway(SR 181), and a pedestrian bridge installed across
Mill Creek will be the bulk of the physical construction associated with this project.
DOT Form 140-101 EF Page 2 of 3
Revised 11/10
27
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the
❑contract can be accomplished No Relocation ❑ Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The trail will be constructed along the surface of the existing right of way, so no relocation of existing major
structures is anticipated. Should some existing utility structures be encountered, sufficient room exists to move the
trail in order to avoid conflict. Minor,adjustment to the rims of existing underground structures is expected.
Placement locations for the traffic signal pole and flashing beacon bases can be adjusted to avoid possible conflicts
with any existing structures.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency City Of Kent i
Date By
!I Mayor/Chairperson
DOI Form 140-i01 EF Pagc 3 of 3 Previous Edltinns Obsolete
Revised 11/10
28
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29
MD I4arapl lo Palk
Olympia, niv 9350d-7300
Oynn Peterscn 360-705-7000
Secretary of Transportation T iY:t-coo-a33-6338
vdshw.msdoi:a,._gov ',,.
June 27, 2013
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
z
Kent, Washington 98032-5838
City of Kent
Kent Regional Trails Connector
CM-0615(008)
FUND AUTHORIZATION
Dear Mr, LaPorte:
We have received FHWA fund authorization, effective June 24, 2013, for this project as
follows:
PHASE TOTAL FEDERAL SHARE
Preliminary Engineering $247,566 $213,280
Enclosed for your information and file is a fully executed copy of Local Agency Agreement
LA-8128 between the state and your agency. All costs exceeding those shown on this
agreement are the sole responsibility of your agency.
FHWA requires projects utilizing federal funds for preliminary engineering or right of way to
advance to construction. Tf this project is unable to proceed to construction, any expended
federal funds must be repaid.
W SDOT authorization to proceed with right of way and/or construction is contingent upon
receipt and approval of your environmental documents.
You may proceed with the administration of this project in accordance with your W SLOT
approved Certification Acceptance agreement.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways& Local Programs
ST:jg:ac
Enclosure
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NE82-121
30
VrWashington Mate
Af Department off Transportation L®CalY Agency Agreement
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 - 4th Ave. S. ' "�
Project No. _ _ r "jam. _
Kent, Washington 98032 Agreement No. _
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the
State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on '....
tine r, column 3, without written authority by the State, subject to the approval of the Federal I Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name (Cent Regional Trails Connector Length 0.84 miles
Termini From PSE Trail and 64th Ave. S. to S. 218th St. and Interurban Trail
Description of Work
The Kent Regional Trails Connector Project will expand the pedestrian/bicycle network,cormecting two regional trails
within the City's street network. An approx. 4,430 foot trail extension will connect the Green River and Interurban
Trails. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a new
"HAWK"traffic signal,to encourage year-round use and promote safe crossings of City streets.
Estimate of Funding
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds I Funds Federal Funds
PE a.Agency
86.5_ % b. Other Federal on 246 566.00 _ 33,28 213.280.00
c. Other
Federal Aid Participation d. State _ 1,000.00 1,000.00
Ratio for PE e. Total PE Cost Estimate L+b+c+d 247 566.00 34 286.00 213 280.00
Right of Way f. Agency__
0 % —g._Other
Federal Aid —---__--h. Other
Participation i. State
Ratio forRW _j. Total R/W Cost Estimate(f-+p+h+I)
Construction k Contract
I. Other
m Other _
n. Other
o. Agency
Federal Aid p State
Participation
Ratio for clv ...c.Total CN Cost Estimate(k+l+m+n+o+
r. Total Project Cost Estimate(e+j+ql 247 '566.00 34286.001 213 280.00
Agency Offi6 al",F, -, Washington State ep tment of Tranflr'portation
By By
�f
Title Du etetoi of Puhlie-WorIls Director of Highways and Local Prograrn�
�1UN '2s`���a
ag 1? j_� Date Executed _
DOT Form 140-039 EF '
Revised 09/2011
31
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑ Method B-Withhold from qas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
® Method C-Aoencv cost incurred with oartial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
.forth below. Adopted by official action on
Resolution/Ordinance No,
Provisions
1. Scope of Work
The Agency shall provide all the work,labor,materials, and services necessary to perform the project which is described and set forth in detail in
the`Project Description"and"Type of Work." '.......
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Ifighway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the Stale will further act for the Agency in
all matters contenting the project as requested by the Agency,If the Local Agency advertises and awards the project,the State shall review the work
to ensm e conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work j
above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications,and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by Slate forces upon the project
will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of 1'ransportation.The records shalt be open to inspection by the State and Federal Government at all reasonable times
and shalt be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification.The classifications of work for projects are:
1.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road,for which preliminary,engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terns of this agreement(see Section IX),
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFIt 225 and Office of
Management and Budget circulars A-102 and A-133. 'I he State shall not be ultimately responsible for any of the costs of the project. The Agency
shall be ultimately responsible tot all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation In Ihis project.
DOT Fonn 140-039 EF 2
Revised 03/2011
32
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid fiords and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration, supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CAR 225 - Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project.Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of
the Agency's share of the total construction cost based on the contract award. The State will notify,the Agency of the exact amount to be deposited
with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B— The Agency's share of tine total construction cost as shown on the face of this agreement shall be withheld iiom its monthly fuel tax
allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the
contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
Method C—'The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate,not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project-Expenditures
by the Local Agency for maintenance, general administration,supervision, and other overhead shall not be eligible for Federal participation unless ,
claimed under apreviously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall he in the Agency's files and made available to the Stale and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of tine United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and FIIWA; and Office of Management
and Budget Circular A-133, '..
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, (he Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as welt as all !,
applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or moic in federal awards from all sources during a
given fiscal year shall have a single or program-specific, audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensming that a copy of the report is transmitted promptly to the Slate.
IX. Payment of Milling
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation,etc.) is not made to the State within 45 days after the Agency has been hillcd,the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of highways and Local
Programs-
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals, or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense,maintain
the improvement covered by this agreement.
XI. indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process arid defend at its own expense all claims, demands,
or suits,whether at law or equity brought against(he Agency,State,or Federal Government, raising from the Agency's execution,
DOT Form 140-039 LF 3
Revised 0912011
33
performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all neuessary,
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and
agreements. The WSD0'1's I)BE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to cant'out its approved program, the Department may impose sanctions as provided for under Paul 26
and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1996(31 U.
S.C.3801 etseq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained firm
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for
Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided,that if the applicant so participating is a Stale or Local Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees: '.....
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretory of Labor pursuant to Part II,subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failme or refusal
occurred until satisfactory assurance of future conlpl iance has been received from the Agency;and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CPR Part 635. Subpart 127, as supplemented; relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve(lie Agency from reduction of federal participation in accordance with this Inn ag aph.
XIV. Termination for Public Convenience
the Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive Order of the President at Governor of the State with respect to the
preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or pennanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts m omissions of persons or agencies other than
the contractm.
(4) The Secretary determines that such termination is in the best interests of the State.
XV. Vonue for Maims and/or Gauzes of Action
For the convenience of the parties to this contract, it is agreed that anv claims and/or causes of action which the Local Agency has against the
State of Wasiington, growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4
Revised 09/2011
34
;.VL Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
'fhe approving authority certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member '.
of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan. or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,acid contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission _
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 FF- 5
Revised 0912011
35
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 25, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 3, 2014
From: Matt Knox, Environmental Ecologist
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement with Tetra Tech, Inc. for
2014 Lakes Water Quality Monitoring
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign a consultant
services agreement with Tetra Tech, Inc. in an amount not to exceed
$24,432.97 to monitor and analyze surface water quality conditions and
aquatic weeds in Lake Fenwick and Lake Meridian during 2014, subject to
terms and final conditions acceptable to the City Attorney and the Public
Works Director.
Summary:
Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's list of
"impaired waters" compiled by the State Department of Ecology and the
Environmental Protection Agency) for a number of water quality parameters.
The City has enacted a number of measures to improve water quality at both lakes
including: Constructing stormwater treatment measures and requiring them on
private systems; educating residents about ways to reduce polluted runoff (e.g.
natural yard care and car washing); and in the case of Lake Fenwick, installing an
in-lake aeration system and introducing weed-eating fish (Grass Carp) to reduce
non-native aquatic plants. More improvements are proposed in the near future
including increasing the capabilities of the aeration system and treating Lake
Fenwick with non-toxic, algae-inhibiting chemicals.
Water quality and aquatic weed monitoring and analyses need to occur in order to
direct our management actions, to assess progress in improving water quality and in
meeting standards and to ensure safe conditions for swimming and fishing. This
contract will assist staff by providing the expert help and specialized equipment
necessary to accurately assess lake conditions.
Budget Impact:
No additional unbudgeted funds will be required. The contract will be paid through
the Stormwater Utility Fund.
36
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37
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tetra Tech. Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of
Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101,
Phone: (206) 838-6261/Fax: (206) 728-9670, Contact: Harry Gibbons (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 environmental conditions at Lake Fenwick and Lake
Meridian. 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. Consultant
shall complete the work described in Section I by May 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Four Thousand, Four Hundred Thirty Two Dollars and ninety seven
cents ($24,432.97), for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
38
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
39
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
40
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
41
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Harry Gibbons Timothy J. LaPorte, P.E.
Tetra Tech, Inc. City of Kent
1420 5th Ave., Suite 550 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 838-6261 (telephone) (253) 856-5500 (telephone)
(206) 728-9670 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Tet a Tech-2014 Lakes Monitoring/Knox
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
42
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
43
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
44
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
45
i
For
2013 Water Quality Monitoring
Lakes
Fenwick and Meridian
February 12,2014
Prepared for:
City of Kent
Prepared by:
Tetra Tech, Inc.
1420 5th Avenue, Suite 550
Seattle, WA 98101
Attn: Harry Gibbons
206.838.6261
Scope Overview
The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental
conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2014 is
a continuation of the monitoring efforts perfonned since 2006. The scope of work
describes the specific activities that Tt will perform in order to aid the City's continued
effort to collect water quality data from its lakes for 2014.
The primary goals of this project are to:
1) Continue to collect baseline data for amoral assessment of the lakes' enviroranental
health and to provide a long-term database for potential management decisions in the
fahue. said
2) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL
listing for phosphorus.
i
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), pII, Secchi disk,
chlorophyl] a (chl a), and phytoplankton. Additionally at the City's request, sampling at 2
public beaches will be conducted on Lake Meridian. The collected dataset will be
suramaiized and a detailed assessment made as to the overall condition of the lakes for
2014. A specific scope of work is outlined below. Cost estimates for these tasks are
included.
This scope of work is for the cost associated with the collection of the samples orrly and
does not reflect any laboratory analysis. It is assrmred that all laboratory analysis will be
paid for in fiill 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 costs associated with
the monitoring of the proposed sites.
i
I
46
Detailed Work Tasks:
Task 1: Project Management
L l Tt will prepare monthly invoicing.
L2 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 2014
monitoring period. Sampling events will occur on or approximately on the following
dates:
May - 14
June - 11
July - 16
August-13
September -10
October - 15
November- 12
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, and phytoplankton. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date. On one
sampling event, in September, additional samples will be collected for TP
and chl a analysis at mid depth and 0.5 meter above bottom sediments.
Lake Fenwick Monitoring
In-lake activities at Lake Fenwick will include water quality samples
taken during each sampling event listed above at the deepest point of the
lake at a depth of 1 meter below the lake surface and 0.5 meters above
bottom sediments for TP and chl a. Additionally, phytoplankton will be
collected at 1 meter below the lake surface once per month on the
proposed sampling dates. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date.
47
Fenwick Inlet Monitoring
The outflow from the Fenwick Wetland is Lake Fenwick's largest inflow
source other than direct precipitation and is delivered to Lake Fenwick
via an inlet channel on the west side of the park Water quality samples
will be taken during each sampling event listed above within the inlet
channel to Lake Fenwick for TP. When possible (depending on water
depth), flow will also be taken in this channel using a Marsh McBirney
Flo-Mate 2000 and USGS top-setting wading rod.
Lake Meridian Swimming Beaches
As a continuation from previous monitoring efforts if request by the City,
Fecal Coliform(FC) samples will be obtained from two designated sampling
locations within the swimming area at Lake Meridian. 'the events will
coincide with designated sampling dates in late July through early September
(July I Irh,August 0", and September 10"). A total of 6 FC samples will be
collected and analyzed.
Assmmiptions:
• 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 Envlrornnental
Services, Inc, and will be paid for directly by the City. It will be responsible for
transporting the samples to the laboratories mentioned above. Tt wilt provide QA/QC of
the results from samples delivered.
Deliverables
• Water quality data collected during the sampling events listed in Task 4 will be sent
to the city in hard copy and electronic form(Included within Monitoring Report)
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 grass carp, a detailed survey for mapping and assessment
of grass carp impact on macrophytes will be conducted in August. A Trimble GeoXH GPS Receiver
will be used to map the spatial extent of macrophytes within Lake Fenwick Species type and
abrmclance will be recorded. The results of the survey, the comparison, and detailed mapping of the
macrophytes will be summarized in'the technical memorandum detailed in Task 4.
Deliverables:
• GIS Shapefiles of macrophyte mapping
Task 4: Water Quality Technical Memorandum
To determine if water quality trends exist, a technical memorandum presenting the data in tabular
and graphical form will be prepared. An assessment of the water quality for 2014 for the sites listed
in Task 2 and 3 will be included in this memorandum. Water quality and phytoplairkton data (•om
2014 will be assessed in the context of similar monitoring data from 2006 through 2013 to
i
48
determine if trends exist. This assessment will highlight observations and conclusions learned from
previous monitoring results acid focus on the interrelationships between water quality parameters
and phytoplankton production and species community structure. It will also identify potential
environmental risks to water quality or problems that require management response for each
lake.
i
Deliverables:
• Technical memorandum presenting the data in tabular and graphical form and relative
assessment of water quality for 2014 will be prepared. The memorandum will include
data collected by'1't. Two hard copies and one compact disk will be submitted.
Task 5: Record Water Levels
Tetra Tech will continue to maintain data loggers at the inlet(outlet of the wetland) to Lake
Fenwick and the lake itself near the Park Dock in order to collect information on temperature and
water levels.
In order to obtain outlet flow information at Lake Fenwick, a survey of the outlet channel will be
needed. Tt requests that the City provide survey points that will to include X/Y/Z coordinates
and can be delivered in either a CSV data file or an ESRI shapefile with all relevant survey
datums and coordinate systems specified. This survey should include detailed cross sections
across the outlet channel as close to the lake as possible and progressing down the outlet channel
to the south. Two or three sections within the first 100 feet oP the channel and another section
400-500 feet downstream would be best. Ideally, the survey should include a cross section (This
can be one of the 2-3 sections mentioned above) of the channel at its hydraulic control point or
the "tipping point" where the lalce level is high enough that water begins to flow out through the �
channel. It is important to take these sections up past any visible high water marks in the
vicinity on both sides of the channel to maximize the accuracy of any flow data subsequently
derived from this survey. Also, as part of this survey, a stream thalweg profile extending 500 feet
dowrrstrearn of the lake in 50-foot increments (i.e. 10 points) should be collected to determine
the typical slope for the outlet channel as well.
The survey should also include multiple water surface elevation(WSE)points around the edge of
the lake near the outlet, as well as near the lake level logger near the boat launch in the middle of
the park. These will serve as control points to link the level logger data for the day with the
survey data, and thus provide a way to measure the outlet flow in the channel using the lake level
logger data.
j
4 Tetra Tcch, Inc.
49
In summary:
• 2-3 sections within the first 100 feet of the stream channel, one of which is taken at the
"tipping point" of the stream channel; 1 section 400-500 feet downstream of the
beginning of the channel; Take sections up past high water marks on both sides of
channel;
• Strewn profile with points every 50 feet for 500 feet downstream along the thalweg;
• Multiple water surface elevation points near the stream inlet and near the lake level
logger the same day as the stream survey.
Data will be downloaded at the time of sampling and recorded ror water, TY budgets and
modeling.
Deliverables
• Hourly water level data for lake, inlet
50
2/12/2014
TETRA TFCD,NC. Surface Water Group _ _... ) Fee Estimate
;
C1'EY OP RUNT
)VA'1'FL2 QUALITY Il'ION ITORING FEEESl'NIAM
Principal 1'rolocl L m
a m Lab
r n kicld A:hn 'law Totnl or
ental Technician*
Scientist Scientist Dn 'n - Srpport Hems with OH
Direct Labor+OH +prpfit• S222.51 $16].13 $10'15 S77.25 W OD
7 T
,. Deacriptinn
Plujocl Manancmmrt 2 2 6 10 $1,d 11.98
2 Ivfonitoriny 2 2 4 128 136 S11,08908
3 Lake I'm....k lvlacmphyte S:alev 4 16 20 $2,126.04
4 TcclutioalVerLdum 4 4 24 Ifi 2 50 $'5,425,36
5 Collect WatermoLm Ns t 10 16 27 $2513,01
1'otnl La bur 13 8 44 1i6 2 243 S22,565.47
°Picas e rate tall e below for DJW
_..- MATERIALS
Ducrip[fon Unit 1 Unit Cost Quantity Coal Notes
---.. ilycholab day I S80.00 7 $560.00
- Secchi Disk day $5.00 7 $35.00
Boat Rental day s50.00 '/ $350.00
Data Recorders far wxt er level - month $25.00 14 $350 00
_.... ceS Rcntat day $Iln.00 1 $11000
- TOTAL MATERIALS: $1,405.00
- -� RGPRODUCl'ION
Description L-it I/;nit Cos[1 Quantity Cost Votes
Nlorrtorir,rport and technic,menus pg $0.10 )DU $50.00
TD TAL REPRO:': $50.00 '..
_. (RAVEL
Description unrf I Unit Cost Qrmtity Cnst Notes
Mileage miles $0.550 750 1 $41250 JGS aarczgeraw
TOTAL UULV EL: $412.50
TO TALCO ST. $24,432.97
I
Labor Rate Table
"H1arR-op -Tabor,
;Staff/Labor Class DJR 'I (ovencca� Rate
Harry Gibbons/Principal Scientist 74.17 3 $222 51 I
Robert Plotnikoff/ProJ ect Scientist 55.71 3 $16713 i
-Shannon Brat telxi/Lnvixonmental Hbgmcer 3515 3 $lOc.45
-
AdamHaines/b'ield Technician" 3057 3 $ 9171 f
Jessica Rliyard/Field 1 echmcian^* 22.44 3 $ 67.32 j
Renec Vandeimause/Field Teclinicran** 24.24 3 $ 7272 j
**Field Technician rate of$77.25 blended bo weri j
Adani,dessica,and Renee;use torn of three on a
`given dale '
51
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
52
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
53
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 13, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 3, 2014
From: Ken Langholz, Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement with GEI Consultants, Inc.
for Briscoe-Desimone Levee Reach 2 & 3
Item — 5
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Contract with GEI Consultants, Inc. in an amount not
to exceed $152,552 to provide engineering services for the Briscoe-
Desimone Levee Reach 2 & 3 project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Summary:
The Briscoe-Desimone Levee is located along the Green River between S. 180th St.
and S. 200th St. Reach 2 & 3 of this levee is located within the city limits of Kent
and provides flood protection for the Cities of Kent, Tukwila and Renton.
In 2011, the City, in conjunction with the King County Flood Control District
(KCFCD), was successful in obtaining a $7 million grant from the Washington State
Legislature to fund reconstruction of the Briscoe-Desimone Levee. And, in June
2013 the City entered into an Interlocal Agreement with the KCFCD which allocated
an additional $11 million of District funds and assigned responsibility for design and
construction of the project to the City of Kent.
The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from
the Federal Emergency Management Agency (FEMA). As part of this accreditation
effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which
identified 4 areas, or reaches, of the levee that do not meet current FEMA standards.
These areas will be repaired utilizing sheet piles to construct a secondary floodwall.
At the January 21, 2014 Council meeting, the construction contract for Reach 2 & 3
was awarded to Tapani, Inc. Under this consultant services agreement, GEI will
provide construction engineering support for Reaches 2 & 3.
Budget Impact:
This contract will be funded out of the $18 million which was allocated to the
Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD.
54
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55
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GEI Consultants, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of
California, located and doing business at 180 Grand Avenue, Suite 1410, Oakland, CA 94612,
Phone: (510) 350-2900/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide engineering construction support for Reach 2 and 3 of
the Briscoe-Desimone Levee Improvements Project. For a description, see the
Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by June 1, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed One Hundred Fifty Two Thousand, Five Hundred Fifty Two Dollars
($152,552.00), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
56
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
57
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 willfully wrongful acts of negligent performance of this
Agreement.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
58
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
59
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Alberto Pujol Timothy J. LaPorte, P.E.
GEI Consultants, Inc. City of Kent
180 Grand Ave., Suite 1410 220 Fourth Avenue South
Oakland, CA 94612 Kent, WA 98032
(510) 350-2900 (telephone) (253) 856-5500 (telephone)
(510) 350-2901 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
GEI-Briscoe-0eslmone Levee 4/L ngholz
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
so
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
61
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
62
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
63
EConsultants
Glotld'-'al February 13,2014
P,nn nmCnM
\team[Remv¢ce.
Mr. Ken Langholz
City of Kent
Public Works Department
220 Fourth Avenue South
Kent, WA 98032
Re: Scope and Cost estimate for Construction Phase Engineering Support
Reach 2 and 3 Briscoe-Desimone Levee Improvements
Dear Mr.Langholz:
This letter presents our proposed scope and budget estimate for the Constriction Phase
Engineering Support for the Reach 2 and 3 Briscoe-Desimone Levee Improvements. The
proposed levee improvements in Reaches 2 and 3 consist of installing a sheet pile floodwall
landward of the existing levee. The space between the sheet pile wall and the landward slope of
the existing embankment will be filled, and the existing trail will be relocated on top of the fill. A
reinforced concrete cap beam and barrier will be constructed on top of the sheet piles,and the
exposed surface of the sheet piles above the landside finished grade will be painted. The upper
portion of the riverbank slope will be excavated to create a flatter slope with a planting bench just
above the ordinary high watermark along most of the design reach. Reach 2 is located between
River Miles 15.44 and 15.57. Reach 3 is located between River Miles 15.98 and 16.36.
We will work closely with the City and our proposed structural subconsultant Shearer Design
LLC to provide engineering support during construction in regards to the following design
elements:
c Steel Sheet Piles
o Construction Noise and Vibration Control Activities
o Settlement Monitoring Activities
o Concrete cap beam
o Concrete barrier
o Hand Railing
o Deadman and Anchors '..
o Earthwork
o Floodgate
o Stairs
o Retaining Walls
Scope of Services
We propose to perform the following scope of services:
wwva.ye ieu nsuIton ts.com GEI Cevs.I ants,Inc.
180 Grnnd Ave,Suite 1410,Oakland,CA 94612
510.350.2900 fax 510.350.2901
64
i
Mr. Ken Langholz 2 February 13, 2014
• Attend an early construction meeting to review the City's needs and expectations and meet
project personnel.
• Participate in select construction meetings by conference call. Participation will be limited
to meetings where discussion of the following activities will be a significant topic of the
meeting:
o Pre-Construction Inspection Activities
o Sheet Piles
o Construction Noise and Vibration Control Activities
o Settlement Monitoring Activities
o Concrete cap beam
o Concrete barrier
o Hand Railing
o Deadman and Anchors
o Earthwork
o Floodgate
o Stairs
o Retaining Walls
• Support City in reviewing contractor submittals with significant engineering content,
including contractor work plans and proposed materials for earthwork,sheet piles,
construction noise and vibration monitoring, settlement monitoring, sheet piles, concrete
cap beam and barrier,retaining walls, stairs,hand railing, deadman and anchors,
earthwork and floodgate,
• Review material certificates and QC and QA test reports for noise and vibration
monitoring, settlement,fill,sheet piles, concrete and other items associated with the work
outlined above,
• Support City in reviewing and responding to RFI's that involve significant engineering
content,
• Participate onsite at the startup of the following construction activities:
o Sheet Pile Installation Test Program
o Sheet Pile Installation
o Earthwork
o Deadman and anchors
o Concrete cap beam and barrier
o Stair and Retaining wall construction
The purpose of the onsite participation at the startup of these activities is to evaluate site
conditions and construction procedures to confirm they are consistent with design
assumptions.
• Support City in reviewing change order requests if desired by the City
• Support City with evaluation of contractor claims if needed
• Perform design evaluations and prepare design modifications as required to conform
design to conditions exposed during construction
65
Mr. Ken Langholz 3 February 13, 2014
• Assist the City in reviewing As-built Drawings prepared by the City or the Contractor as
requested
Materials testing, daily inspections, and other construction management duties are not included in
this scope. We have assumed that they will be performed by the City's construction management
personnel and an inspection/testing firm such as Jason Engineering.
Schedule
We are prepared to begin the work within two weeks of receiving a Notice to Proceed. We have
assumed the following schedule:
• Early construction meeting will occur in February or March 2014,
• Sheet pile installation will occur between May and August 2014,
• Earthwork activities will occur between June and September 2014,
• Concrete cap beam and barrier installation will occur between July and October 2014,
• Construction will be substantially complete by mid November 2014.
Cost Estimate
The proposed scope and level of effort are dependent on actual project duration, contractor
activities,submittals,requests for information,and other items outside our control. For budgeting
purposes, a preliminary breakdown of the estimated costs is included in the table below. We will
not exceed the total estimated amount of$152,552 without your written authorization.
Project ShearerI
Staff: Engr. Nickerson Pujol GE] Labor GEI Direct Design Total
Total Expenses Subcontract
Rate: $122 $218 $246
Early Const. 4 2 $1,364 $3,878 $5,242
Meeting
Conference 24 24 8 $10,128 $10,128
Calls
Submittal 24 36 6 $12,252 $12,252
Review
Review QA/QC Documentation 96 48 12 $25,128 $16,109 $41,237
Support RFI 12 40 6 $11,660 $13,515 $25,175
Response
Const.t 64 24 6 $14,516 $7,200 $7,505 $29,221
Site V
Support CO 2 4 2 $1,608 $1,608
Request
Support Claims 2 4 2 $1,608 $1,608
Request
Design Modifications 12 6 2 $3,264 $3,264
I
Review
lts 12 8 2 $3,700 $3,700
Project 24 8 $7,200 $11,918 $19,118
Management
Subtotals $92,428 $7,200 $52,924
Suggested Budget $152,552
ss
Mr. Ken Langholz 4 February 13, 2014
Conditions
Our services will be provided in accordance with previously negotiated contract terms and
conditions for the Briscoe-Desimone Levee. We will perform the above scope of work on a time
and materials basis. Invoices will be submitted monthly based on the service performed as of the
end of each billing period.
Closing
Thank you for the opportunity to submit this scope and cost estimate. We look forward to
continuing to work with you on this project. Please call meat 510-350-2908 or Jim Nickerson at
781-712-4023 if you have any questions.
Sincerely,
GET CONSULTANTS,INC.
W
Alberto Pujol, P.E.
Vice President,Project Manager
Attachments: Shearer Design Letter of Scope
C: Jim Nickerson
i
it
I
67
so SHEARER DESIGN LLC.
SHEARER DESIGN iteso Bridge Design, Construction Engineering and Infrastructure Aesthetics
3613 Phinney Ave N#3
Seattle,WA 98103
(206)781-7830
January 24, 2014
GEI Consultants, Inc.
180 Grand Avenue, Suite 1410
Oakland, CA 94612
Subject: Kent Briscoe-Desimone Levee Improvements Construction Support
i
Attn: Alberto Pujol, P.E., G.E. and Jim Nickerson P.E.
Dear Jim;
We are happy to provide continued engineering services for the Kent Briscoe-Desimone Levee
Improvement Project. This attached scope pertains to Construction Support for Levee Reaches
2& 3.
As discussed I believe the best way we can support the project is in the following areas:
Task 1.1 Pre-Construction Meeting
This task will cover the review of the current bid documents and attendance at the pre-
construction meeting.
Task 1.2 RFI &Shop Drawings
Under this task we will review and comment on project submitted shop drawings and request for
information (RFI) from the Contractor that pertain to drawings prepared by Shearer Design in the
bid set.
Areas Covered
• Stairs
• Retaining Wall
• Railing
• Materials
Task 1.3 Routine Inspections
This task will cover onsite inspections for compliance with the bid documents or for construction
problem solving.
Areas Covered
• Stairs
• Cap Beam
• General Sheet Pile to support GEI
11SHEARERSERVER\D-Ddve\ADMIN\Job Contracts\C-0219 Kent Levee\Contract\0219 scope 5 Construction Support.docx
68
ER
N LLC.
SHEARER DESIGN
I1p� B 9 EngineeringInfrastructure
3613 Phinney Ave N#3
Le Bridge Design, Construction En inneeee,iinn` and Infrfi�cart e,Aesthetics
e th 03
(206)781-7830
Task 1.4 Monitoring Program Q.C.
This task will cover review of the Contractors "Construction monitoring program"for compliance
with the project bid documents.
Areas Covered
• Verification of instrumentation placement
• Periodic Inspection
Areas Not Covered
• Review of Monitoring Plan for compliance with bid documents
• Pre- Construction Building Condition Verification
Task 1.6 Administration
This task will cover the general project coordination and project meeting points. Included will be:
• Conference calls with GEI to discuss the project progress.
• Communicate periodically through the advancement of the construction to discuss
any interim results, challenges and directions.
Items not included in this proposal.
Full time onsite inspection (Assumed to be City of Kent).
Materials testing services.
Please see the enclosed spreadsheet for a summary of our estimated cost& hours for this phase
of the project. We look forward to working with you again on this project. If you have any
questions please feel free to call.
Sincerely,
D,_
»
David R. Shearer S.E. Principal
SHEARER DESIGN
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EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees or subcontractors.
A„ Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$5,000,000 per occurrence and in the aggregate for each 1 year policy
period. This coverage may be any combination of primary, umbrella or
excess liability coverage affording total liability limits of not less than
$5,000,000 per occurrence and in the aggregate. Products and
Completed Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate per Project
Endorsement ISO form CG 25 03 11 85. The City, King County and
the King County Flood Control District shall be named as an
Additional Insureds under the Contactor's Commercial General
Liability insurance policy with respect to the work performed for
the City, the District and the County. All endorsements adding
Additional Insureds shall be issued on form CG 20 10 1185 or a
form deemed equivalent, providing the Additional Insureds with
all policies and endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington. +
4. Professional Liability (Errors & Omissions) insurance appropriate to
the Consultant's profession.
71
EXHIBIT C (Continued)
B. I14iiiniiirmuirn Airnoanirnts of :Unsanrairnce
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with minimum
limits of $5,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of not
less than $5,000,000 per occurrence and in the aggregate. Products and
Completed Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of at least $2,000,000 per accident.
3. Professional Liability (Errors & Omissions) insurance shall be written
with limits no less than $5,000,000 per claim and $5,000,000 policy
aggregate limit.
C. Othier :I:irnsanrairnce IProviisiioins
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent, King County Flood District and King County shall be
named as an additional insureds on all policies (except Professional
Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall
be attached to the Certificate of Insurance. The City reserves the right to
receive a certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause stating
that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of the
insurer's liability.
72
EXHIBIT C (Continued)
D. Coimbra tor's :Unsuiiraim a for OtIheir ILosses
The Contractor shall assume full responsibility for all loss or damage from any
cause whatsoever to any tools, Contractor's employee owned tools, machinery,
equipment, or motor vehicles owned or rented by the Contractor, or the
Contractor's agents, suppliers or contractors as well as to any temporary
structures, scaffolding and protective fences.
E. Waiver of Sulbirogatioin
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
IF., Accelptalbillity of ;I;un uair it
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
G. V iriiffiic atiioin of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General
Liability insurance of the Contractor before commencement of the work.
H. SuIbcointiractoirs
Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
73
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
Wnsu INGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 25, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 3, 2014
From: Gina Hungerford, Conservation Coordinator
Through: Kelly Peterson, AICP, Environmental Conservation Supervisor
Mike Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., City Engineer
Subject: Information Only/Residential Recycling Event, Rain Barrel,
Composter &Worm Bin Sale, Curbside Cleanup, & City-Wide
Spring Clean Event
Item — 5
Motion:
Information Item/No Motion Required
Summary:
The annual Spring Recycling Event will be held March 15, 9:00am-3:00pm, at
Russell Road Park. Residents are invited to bring items not easily recycled at the
curb including appliances, tires, bulky yard debris & Styrofoam at no charge. NW
Center will be on site to collect reusable household goods.
The Composter, Worm Bin & Rain Barrel Sale will take place at Russell Road
Park on March 22. Composters & Worm Bins will be available for $25 and Rain
barrels for $35, while supplies last.
Both these events are paid for by the Department of Ecology Coordinated Prevention
Grant, the King County Waste Reduction and Recycling Grant, and the Local
Hazardous Waste Management Program Grant. Flyers will be going out in the mail
this week. For a list of what to bring, visit www.KentRecycles.com.
March 31-April 4 is Spring Curbside Cleanup Week wherein residents can place
additional garbage and yard waste at the curb. A flyer with details will be sent in
mid-March and will also be available at KentRe cycles.com.
The 2nd Annual City-Wide Litter Cleanup will take place Saturday, April 5.
Residents may sign up online at www.KentWA.cloy/LitterFreeEventReclistration .
Budget Impact:
None
74
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75
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 25, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 3, 2014
From: Gina Hungerford, Conservation Coordinator
Through: Kelly Peterson, AICP, Environmental Conservation Supervisor
Mike Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., City Engineer
Subject: Information Only/Republic Services' Rate Adjustment
Item - 6
Motion:
Information Item/No Motion Required
Summary: Solid waste rates are comprised of a collection component, which covers
Republic Services' costs to provide these services, including, but not limited to fuel,
labor, insurance, and a waste disposal component, the latter having last been
increased by King County in January 2013.
In accordance with the Garbage, Recycling, Yard and Food Waste Contract with
Republic Services, increased rates for collection services are based on inflation; the
calculation utilizes an inflation adjustment factor, computed by the United States
Department of Labor. This annual rate adjustment becomes effective April 1, each
year. Bills are sent out quarterly.
Solid waste rates (not including taxes and the hazardous waste fee) will increase
slightly beginning April 1, 2014, as noted below:
Service Level April 1, 2013 April 1, 2014 Increase
13-gallon $ 5.09/mo. $ 5.14/mo. $0.05/mo.
20-gallon $10.18/mo. $10.27/mo. $0.09/mo.
32-gallon $16.94/mo. $17.09/mo. $0.15/mo.
45-gallon $24.54/mo. $24.76/mo. $0.22/mo.
54-gallon $37.12/mo. $37.47/mo. $0.35/mo.
96-gallon $55.69/mo. $56.20/mo. $0.51/mo.
The City of Kent continues to have some of the lowest solid waste rates in King
County.
Budget Impact: None