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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/02/2015 (3) I Public Works Committee Agenda Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair November 2, 2015 4 p.m. Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 01 2. Roll Call Chair Higgins 01 3. Changes to the Agenda Chair Higgins 01 -- 4. Approval of October 19, 2015 Minutes YES Chair Higgins 03 03 5. 2016 Water Treatment Chemical YES Kevin Swinford 05 05 Agreement with ICI Jones Chemicals, Inc. 6. Joint Funding Agreement for Water YES Mike Mactutis 05 29 Resources Investigations with the U.W. Geological Survey (USGS) 7. Information Only/Federal Railway NO Kristine Adams 45 33 Administration — Quiet Zones Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 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 Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank Public Works Committee Minutes 3 October 19, 2015 Item 1 - Call to Order: The meeting was called to order at 4:00 p.m. by Committee Chair, Dennis Higgins. Item 2 - Roll Call: Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present. Item 3 - Chances to the Agenda: There were no changes to the agenda. Item 4 - Approval of Meeting Minutes Dated October 5, 2015: Committee member Fincher MOVED to approve the minutes of October 5, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 -Department of Ecology Coordinated Prevention Grant: Gina Hungerford, Conservation Coordinator noted that this grant covers a majority of the expenses for the three recycling events that are held annually within the City of Kent. There are no out of pocket expenses to the City. Hungerford went on to note, that the Coordinated Prevention Grant is a two year grant that is funded by the Washington State Department of Ecology. The grant pays 75% of the "maximum eligible program cost" which for Kent is $123,522.67. A 25% match ($30,880.67) will be provided by the King County Waste Reduction and Recycling Grant. Committee Member Ralph MOVED to recommend Council authorize the Mayor to accept the Coordinated Prevention Grant in the amount of $123,522.67 and authorize expenditure of the grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 6 - Local Hazardous Waste Management Program: Gina Hungerford, Conservation Coordinator stated that this is Grant Amendment No. 1 to the Local Hazardous Waste Management Program. The amendment reflects the Seattle - King County Health Department's move to a biennial budget cycle - through December 31, 2016. This grant fully funds the collection of hazardous waste collected at events the City of Kent hosts each year. Committee Member Fincher MOVED to recommend Council authorize the Mayor to accept Amendment 1 to the Local Hazardous Waste Management Program Grant providing $35,082.26 for 2016 and authorize expenditure of grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3 -0. Item 7 - Information Only/Snow and Ice Preparation: Bill Thomas, Street Superintendent gave an informative PowerPoint presentation outlining how crews are preparing for anticipated inclement weather conditions. Thomas stated that the Public Works Operations Division is responsible for responding to snow and ice conditions throughout the winter season. In a typical year, Kent experiences 2-3 significant events that require a prolonged response from staff. Staff is prepared to work around-the-clock to address conditions. 1 Public Works Committee Minutes 4 October 19, 2015 Thomas went on to say that there are enough snow and ice related materials stock piled to sustain us for a five day event. Snow and ice response equipment consisting of eight trucks with plows; seven with sanders; one truck with liquid anti-icing application equipment and a plow; and a motor grader are also being prepped for the season. During a snow and ice event Operations response staff addresses and prioritizes arterial routes first. These routes are identified in the Snow and Ice Response Plan, which is available on the City's website. As roadways are closed or opened during a response event, updates are posted on the City's www.drivekent.com website. Other public communication methods utilized include Kent radio, the Traffic Alert system (e-mail), and variable message boards. Staff works closely with Police personnel, the Department of Transportation and King County Metro. Thomas said that responding to snow and ice events are an unbudgeted general fund expense. Historically, response events have lasted from two to fourteen days. Costs have ranged between $10,000 and $150,000, not including clean-up costs. INFORMATION ONLY/NO MOTION REQUIRED Item 8 — Information Only/Stormwater Rates Analysis: Mike Mactutis, P.E., Environmental Engineering Manager gave a brief follow-up to the discussion from the August 17 Public Works Committee meeting regarding proposed changes to the way the city charges its stormwater rates. Staff is investigating options that will keep the rates revenue neutral. Committee suggested a possible 3-month or 6-month trial run where rates could be analyzed using projections from other cities' models. INFORMATION ONLY/NO MOTION REQUIRED The meeting was adjourned at 4:40 p.m. ChexyLVOetiV Council Committee Recorder 2 5 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 26, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 2 ,2015 From: Kevin R. Swinford, Source and Supply Supervisor Through: Dave Brock, P.E., Public Works Operations Manager Subject: 2016 Water Treatment Chemical Agreement with JCI Jones Chemicals, Inc. Motion: Move to recommend Council authorize the Mayor to sign the 2016 Water Treatment Chemical Supply Goods and Services Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and Sodium Hydroxide, in an amount not to exceed $93,150.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water which is provided to the City's water customers. Gas chlorine is used to disinfect the water supply and protect it from contamination; Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. Exhibit: Goods and Services Agreement with JCI Jones Chemicals, Inc. Budget Impact: There is no unbudgeted fiscal impact as this is an annual cost planned for in the water utility operating budget. 6 This page intentionally left blank 7 GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274- 0104/Fax: (253) 572-2352, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 3, 4, 5, 10, 11, and 13) according to the bid proposal submitted October 20, 2015, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety Three Thousand, One Hundred Fifty Dollars ($93,150.00), 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: Compensation of up to $93,150.00 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 1,500 lbs. Item 4: zero to 600 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 12,000 gals. Item 13: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $93,150.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. 8 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. 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 9 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 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). 10 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. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally 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 promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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. 11 XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 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. 12 I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 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: Michelle Trammell Timothy ]. LaPorte, P.E. ICI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) (253) 572-2352 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]CI-2016 Water Chem i cal s/Sminfocd 13 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 14 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 15 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 16 Exholbl@t i i i I i 17 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: //�� ftl� cn Bidder's Name: TCI Jones, 1 kaki +dam• Item Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in One-Ton Containers 1 $bw,nO $ 3/900 0© TONS* FOB Clark Springs TON CONT. Total $ 51q 00.00 *Estimated annual need is 6 tons. Actual need may vary. I J01 �� (%e, a(s,-In C . � i Company Submitting Proposal ' I thorized Signature Note: Contractor must submit a firm proposal for the contract term(s), II 18 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: �^ C f Bidder's Name: '�/� �.J r oiries VM.i Ws) Tn , Item Estimated Description Bid Unit Total Annual Unit Prices Usage ..'..� 2 5 Chlorine Gas in One-Ton Containers 1 $ (pW.Co $3,250.00 TONS* FOB Kent Springs TON CONT. PI ti4S 7GO,OD/Canf,,_( ey- dtp) Total i *Estimated annual need is 5 tons. Actual need may vary. i jC ,�o Ch LS . a e r� l ,� �► Tn C Company Submitting Proposal n�AA I uthorized Signature Note; Contractor must submit a firm proposal for the contract term(s), i ii i 19 i WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: _ Bidder's Name: J (l jorws C-htmic s,-Inc Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 1,500 Chlorine Gas in 150 Lb. Containers 150 $moo $ 3,0MOD LBS* FOB East Hill Well LB CYL Pt U-S, 100.0o/wnt71-AMr f Total $ 3cmaci *Estimated annual need is 1,500 lbs. Actual need may vary. Ii it I ' i JO one O'�yAi c6,lhc Company Submitting Proposal Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). I 20 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM i The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: _ Bidder's Name. � ,�i)nes Ch t6cAs,--EnC Item Estimated Description Bid Unit Total Annual Unit. Prices Usage 4 600 Chlorine Gas in 150 Lb. Containers 150 $ ' aoo $ 112b® oo LBS* FOB Armstrong Springs Well #1 LB CYL Total $ *Estimated annual need is 600 lbs. Actual need may vary. it it i i ipMS l%,"i CAI CC:;mac . � Company Submitting Proposal n �u uthorized Signature ii Note; Contractor must submit a firm proposal for the contract term(s). 21 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder's Name: JLT J DYVS I Srtc i Item Estimated Description Bid Unit Total j Annual Unit Prices Usage 5 300 Chlorine Gas in 150 Lb. Containers 150 $500 oo $ U00 po LBS* FOB Seven Oaks Well LB CYL Total $ (PD0100 *Estimated annual need is 300 lbs. Actual need may vary. I j , i I �C ;Tones 0_AklmhcAkarlC Company Submitting Proposal u�d Signature Note: Contractor must submit a firm proposal for the contract term(s), 22 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for .the following fees: Bidder's Name: L� �1UYlee �V'�Qi��� tSiC f Item Estimated Description Bid Unit Total Annual Unit Prices Usage 10 96,000 25/a Sodium Hydroxide in D H id �l GALS* 4,000 Gal, Deliveries BULK GAL, o' ` 0 , 0D oo FOB Pump Station #5 I r � I Total $ *Estimated annual need is 96,000 Gals. Actual need may vary. I ij � i � I � I Jones (rn. icrEQsr�C. Company Submitting Proposal uthorized Signature Note: Contractor must submit a firm proposal for the contract term(s). 23 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to j perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: CT Mies 0ymlc ts, 1yy Bidder's Name: Item Estimated Description Bid Unit Total I Annual Unit Prices Usage 11 12,000 25% Sodium Hydroxide in $ ® ri ® $ Q �� �® GALS 4,000 Gal. Deliveries BULK GAL, v ✓' FOB East Hill Well Total 1 400. "`J *Estimated annual need is 12,000 Gals. Actual need may vary. E it � II i Company Submitting Proposal ^^ �� y p I Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). 24 WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: s Bidder's Name: �n- d i Item Estimated Description Bid Unit Total Annual Unit Prices Usage l 13 8,000 25% Sodium Hydroxide in $ 010 $ (4)Dp,D© j GALS* 4,000 Gal. Deliveries BULK GAL. FOB Guiberson Corrosion Facility Total $ 15, UOO,DO *Estimated annual need is 8,000 Gals. Actual need may vary. l I 25 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. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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. 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 $2,000,000 products-completed operations aggregate limit. 26 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. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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. 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 $2,000,000 products-completed operations aggregate limit. 27 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. 2s This page intentionally left blank 29 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 20, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 2, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey Motion: Move to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2016, The City of Kent will contribute $66,530 to the annual program costs of $112,180 with the USGS and City of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, and are used to calibrate the City's stream flow models. The gages, through links to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is required as part of the Clark Springs Habitat Conservation Plan to help determine the City's augmentation of flows in Rock Creek from October through December. This contract will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?tvpe=flow Exhibit: U.S. Geological Survey Joint Funding Agreement Budget Impact: Costs for this contract will be charged to the Water Utility (Rock Creek gages) and to the Stormwater Utility (Green River, Mill and Springbrook gages). 30 This page intentionally left blank 31 Form 9-1366 U.S. Department of the Interior Customer#: 6000000723 FY16-A (Oct. 2005) U.S. Geological Survey Agreement #: 15WNWA09800 Joint Funding Agreement project#: 97229EU TIN#: 916001254 Fixed Cost ft% p° , Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 16r day of OCTOBER 2015, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation and maintenance of streamgaging stations at the Green River, and Springbrook, Mill and Rock Creeks, herein called the program.The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of $ N/& i by the party of the first part during the period (a) $45,650 OCTOBER 1, 2015 to SEpTEMBER 30, 2016 by the party of the second part during the period (b) $66,530 OCTOBER 1, 2015 to SEpTEMBER 30, 2016 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 4� I j I 32 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Down Payment (Bill) Request (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717, Comptroller General File B-212222, August 23, 1983). U.S. Geological Survey Name of Customer United States City of Kent Department of the Interior USGS Point of Contact Customer Point of Contact 1 Name: Marijke van Heeswijk Name: Address: USGS Washington Water Science Ctr Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1625 Telephone: Email: V,.ieeswijlt.COuLa ggi/ Email: �j I 1 Signatures Signatures By W✓� �'Lt-a Date /0 / .. By Date i Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center i By Date _ By, Date Name: Name: i Title: Title: T I 600 00 0072 3/1 6 W N W A09800/FY16-A i 33 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 28, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 2, 2015 From: Chad Bieren, P.E., City Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Federal Railway Administration — Quiet Zones INFORMATION ONLY/NO MOTION REQUIRED Summary: In the summer of 2015, City Council authorized staff to analyze the feasibility of developing a Quiet Zone for the Burlington Northern (BNRR) and the Union Pacific Railroads (UPRR) through the downtown area. The feasibility included the development of Railroad Diagnostic Studies for both the BNRR and the UPRR. The city met with the BNRR on August 26, 2015, and the UPRR on September 23, 2015, to complete the diagnostic studies. The initial feedback from the railroads, The Federal Railway Administration (FRA) and the Utilities and Transportation Commission staff is positive. The endeavor may be less difficult than previously anticipated. Kristine Adams from the FRA will provide a presentation on the development of Quiet Zones from the FRA perspective. Exhibit: None Budget Impact: to be determined. The city needs to propose changes at a number of the railroad crossings and submit an application to the FRA and the Washington State Utilities and Trade Commission for approval to construct a Quiet Zone. Costs will be estimated and presented to the Public Works Committee before submitting the application. Any changes required as part of the approval would be presented to the Committee with estimated budget impacts.