HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/05/2018 (2)
Unless otherwise noted, the Public Committee meets at 4 p.m. on the first and third Monday of each
month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032.
For additional information, contact Cheryl Viseth via email at cviseth@KentWA.gov, or 253-856-5504.
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.
Public Works Committee Agenda
Councilmembers: Brenda FincherToni TroutnerDennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
February 05, 2018
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair 01 --
2. Roll Call -- Chair 01 --
3. Changes to the Agenda -- Chair 01 --
4. January 22, 2018 Minutes - Approval YES None 03 03
5. Contract with AmTest Inc., for Water System
Bacteriological Sampling – Recommend
YES Sean Bauer 05 05
6. Info Only/Poverty Bay Shellfish Protection
District
NO Shawn Gilbertson
Todd Hunsdorfer
10 21
7. Info Only/Transportation Grants NO Kelly Peterson 30 43
8. Info Only/2018-2020 Overlay Projects NO Joe Araucto 15 45
9. Info Only/Quiet Zone – Update NO Chad Bieren 05 47
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PUBLIC WORKS COMMITTEE Minutes City of Kent, WA
Summary Minutes
Date: January 22, 2018
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee
member Higgins.
2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda
Fincher and Toni Troutner were present.
Absent: N/A
3. Changes to the Agenda: No changes to the agenda
4. Approval of Minutes, Dated January 22, 2017
Committee member Troutner MOVED to approve the Minutes of January 22,
2018. The motion was SECONDED by Committee member Fincher and PASSED
3-0.
5. Amendment to the 2018-2023 Six-Year Transportation Improvement
Program - Recommend
April Delchamps, Sr. Transportation Planner and Kelly Peterson, Transportation
Manager noted that this proposed amendment to the Six Year Transportation
Improvement Program (TIP) will add three projects to ensure eligibility for upcoming
grant opportunities. State and most Federal grant programs typically require that
projects/programs be listed in the most current.
The projects proposed for addition to the Six Year TIP are as follows.
Veteran’s Drive - Connects Veteran’s Drive to WSDOT’s SR 509 Gateway Project by
constructing a new roadway under I-5 from Military Rd to the I-5 Southbound off-
ramp. The project will include the construction of full-width paving; concrete curbs,
gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and
appurtenances. This project will improve the connection between Sea-Tac International
Airport, the Sea Port of Seattle and the Kent Manufacturing/Industrial Center.
Meet Me On Meeker (Driving Range) – Construct new sidewalk and multimodal
pathway along city-owned driving range frontage on Meeker Street consistent with the
Meet Me on Meeker Design Standards. The project will include construction of concrete
curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and
appurtenances.
Meet Me On Meeker (Apartments) – Replace existing narrow sidewalks with a
multimodal pathway consistent with the Meet Me on Meeker Design Standards east of
3
Russell Road. The project will include construction of concrete curbs, gutters,
sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances.
Committee member Fincher MOVED to recommend Council set March 6, 2018
as the date for a Public Hearing on the Amended 2018-2023 Six-Year
Transportation Improvement Program. The motion was SECONDED by
Committee member Troutner. The motion PASSED 3-0.
6. Info Only/Mill Creek Reestablishment Project – Update
Matt Knox, Environmental Supervisor gave a brief summary of the Mill Creek Re-
establishment project noting the Mill Creek Flooding and excess sediment and
vegetation in the creek channel at 76th Avenue South and at Kennebeck Avenue. Knox
noted that the project includes removing accumulated sediment from Mill Creek in
order to restore the original channel capacity of the creek. Accumulated sediments
have filled the creek channel at depths of up to five feet deep over the past three
decades since dredging last occurred; exacerbating flooding problems in the Kent
Valley.
Staff recently met with regulators from the US Army Corps of Engineers, Washington
State Department of Ecology and the Muckleshoot Indian Tribe Fisheries Division. A
public meeting was held on January 18 to discuss the project with interested residents.
These meetings were productive and provided staff with necessary information to help
permitting and design an effective project that meets the public’s needs.
Staff is currently working with consultants to finalize the studies and environmental
surveys needed to submit complete permit applications to regulators.
7. Information Only/Graffiti and Litter
Bill Thomas, Street and Vegetation Manager introduced Mike Houlihan and Ted Stanton
who briefed the committee on the amount of graffiti and litter that is cleaned up
throughout the city and the cost to take care of it.
Tony Donati noted that the City currently has 15 dedicated Adopt A Street Groups and
will soon be adding a new program called Adopt a Spot, more information to follow!
Mark your calendars for the upcoming TeamUp2CleanUp Event on May 12, 2018 more
information to follow on this event as it gets closer.
8. Information Only/Quiet Zone
Chad Bieren, Deputy Public Works Director / City Engineer noted that a draft
comments have been received from Burlington Northern. There are a number of items
not related to the Quiet Zone; but important to Burlington Northern. Bieren noted that
staff plans on having a protracted meeting with them in two to three weeks to discuss
the items.
Bieren will be talking with the Utilities Transportation Commission (UTC) and the
Federal Rail Administration (FRA) to discuss next steps. Bieren will report back to the
committee in two weeks.
Adjournment: At 5:25 p.m., Committee Chair Higgins declared the meeting
adjourned.
Cheryl Viseth,
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: February 5, 2018
TO: Public Works Committee Members
FROM: Sean M. Bauer, Water System Manager
THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager
SUBJECT: Contract with AmTest Inc., for Water System Bacteriological
Sampling – Recommend
SUMMARY: Pursuant to WAC 246-290-300 the City routinely collects and analyzes
seventy-two bacteriological water samples per month at predetermined monitoring
locations in the distribution system. These tests ensure that drinking water is free of
coliform bacteria, which is monitored to protect public health.
EXHIBIT: Goods & Services Agreement with AmTest, Inc.
BUDGET IMPACT: There is no Unbudgeted Fiscal Impact as this is an annual cost
which is planned for and the funding ($53,011.00) would come from the 2018 Water
Utility Operating Budget.
Motion: Move to recommend Council authorize the Mayor to sign a Goods
and Services Agreement with AmTest, Inc. for routine bacteriological
water sample collection in an amount not to exceed $53,011.00 subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
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l I
KENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
AmTest, fnc
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and AmTest Inc. organized under the laws of the State of Washington, located
and doing business at 13600 NE 126th Pl., Suite C, Kirkland, wA 98034, phone: (425) ggs-tOo+/rax:
(425) 820-0245, Contact: Aaron Young (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 collect and analyze the City's state mandated routine coliform bacteria
samples. For a description, see the Vendor's Scope of Work 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 March t,2OZO.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifty Three
Thousand and Eleven Dollars ($53,011), 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:
Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor
shall be paid after submittal of invoice.
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
7
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.
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.
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.
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.
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,
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 daysof 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
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
A
C
D
E
F
8
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,
itemslthrough5below.
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;
The date of the Vendor's claim;
The nature and circumstances that caused the claim;
The provisions in this Agreement that support the claim;
The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
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.
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.
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
1
2
3
4
5
C
9
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),
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 theCity 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 ABILIW 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 anyother warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 624, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they wele 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 havingjurisdiction (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
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D
E
10
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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recvclable 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.
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
11
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.
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.
J. 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 bv 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 onthe last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VEN
By w
Print Name
DATE: I
t t (title)Itt ltB
CITY OF KENT:
By
Print Name:
(signature)
Dana Ralnh
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Aaron W. Young
AmTest Inc
13600 NE 126th Pt STE C
Kirkland, WA 98034
(425) BB5- 1664 (telephone)
(425) B2O-0245 (facsi m ile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-s500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
12
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 contractbr, will actively consider hiring and
promotion of women and minorities,
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 a gree to fulfill the five requirements referenced above,
(,/v
For: A k t
Title:v t L(, {lesrdr'nf
5
By
Date:ln II
EEO COMPLIANCE DOCUMENTS - 1 of 3
13
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:MINORIW AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
1
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:
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
14
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
th 6
By
(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.
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
15
EXHIBIT A
Scope of work:
AmTest, Inc. will collect and analyze the City of Kent's state mandated routine
coliform bacteria samples, Sampling consists of eighteen (18) coliform and free
chlorine residual samples per week, at City designated sampling locations, the first
four (4) Tuesdays of every month, fortwenty four (24) months. AmTest, Inc. will
also submit all necessary sample result paperwork to the Washington State
Department of Health Office of Drinking Water as required by the City in chapter
246.290.300 wAc, as well as copies to the city of Kent water Department.
16
4ilffi-msru-
LABOFATORIES
December 13,2011
To Tom Cunningham
City of Kent
Public Works/ Water Section
220 Fourth Ave S
Kent, WA 98032
Re: Price Quote for Laboratory Analysis and Sarnpling
'l'om
1. AmTest will perform allof the routine bacterialsampling and analysis atarateof $14
per sample and a flat fee of $250 per week for the sample collection process.
Considering l8 samples per week four times per month, the total cost for the collection,
analysis and reporting would be $24.096 per year. There would not be any price change
for the second year ofthe contract.
Additional drinki water ices are as follows
Parameter Price/ Each
FulllOC $ 200
VOC $ 150
Nitrates $ r 7.s0
TTHM's $7s
HAA5'S $ r00
Fluoride $tz
soc (s25)$ 2s0
soc (5 ts)$ rso
NWTPH-Dx $7s
,lfiql1ty Pol lutant Metals $ 100
1,4-Dioxane $ 2s0
TOC's $2s
Mendo Piates $ 1.50
E. Coli(raw water-Ground Water Rule)$2s
Nitrate/Nitrite total $ 17.s0
HPC $ls
Lead & Copper $ 17.50
Radium 228 $ l r0
Radium 226 $n0
Gross alpha/ Gloss Beta $ilO
17
If you have any questions or comments please feelfi'ee to contact me at 425-885-1664 or
by e m a i I a t ilt"!. o !_U:_:1.{,Ul-t_Lq:!_l-rtb-cr o n r
S ince rely,
Aaron W. Young
Lab Manager
18
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
fnsurance
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 1185 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 lnsurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000general aggregate and a $2,000,000 products-completed
operations aggregate limit.
19
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 A:VII.
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.
20
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 5, 2018
TO: Public Works Committee Members
FROM: Shawn Gilbertson, Environmental Supervisor
THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Poverty Bay Shellfish Protection District
SUMMARY: Based on an evaluation by the Washington State Department of Health (DOH)
King County is establishing the Poverty Bay Shellfish Protection District. Poverty Bay is
located along the eastern coast of Puget Sound from Federal Way to Des Moines. In 2016,
shellfish bed water quality monitoring results indicated elevated levels of bacteria. Due to
these elevated levels of bacteria, DOH downgraded approximately 125 acres in the Poverty
Bay commercial shellfish growing area from “Approved” to “Conditionally Approved”. Per
State law, this downgrade requires King County to develop a Shellfish Protection District in
the area in order to protect shellfish beds.
The purpose of the new district is to more closely monitor water quality in areas that drain
to Poverty Bay. Parts of Kent are included in the district; these include the westernmost
parts of Kent near Interstate 5 that drain to McSorley Creek and Massey Creek which drain
into Puget Sound at Poverty Bay. A map is included in the attached documents.
Kent’s role in implementing the district will be to provide pollution prevention educational
outreach and targeted pollution screening efforts in the areas of Kent that are within the
district boundaries. These activities are already part of Kent’s requirements under the
National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit.
Todd Hunsdorfer from King County Water and Land Resources Division will present more
details about the planned district.
EXHIBITS: Draft King County Ordinance – Poverty Bay Shellfish Protection District
Draft Poverty Bay Shellfish Protection District – Closure Response Plan
BUDGET IMPACT: We are still evaluating potential impacts.
Information Only/No Motion Required
21
This page intentionally left blank
22
1
Date Created:
Drafted by: Todd Hunsdorfer
Sponsors: TBD
Attachments: A. Poverty Bay Shellfish Protection District Boundaries
B. Poverty Bay Shellfish Protection District Closure Response
Plan
..Title 1
AN ORDINANCE creating the Poverty Bay Shellfish Protection 2
District; establishing its boundaries; adopting the Poverty Bay 3
Closure Response Plan; and adding a new chapter to K.C.C. Title 4
2. 5
.. Body 6
STATEMENT OF FACTS: 7
1. The Washington state Department of Health regulates commercial shellfish 8
beds consistent with the National Shellfish Sanitation Program. 9
2. The Washington state Department of Health collects a minimum of six water 10
quality samples per year at defined nearshore marine water quality monitoring 11
stations. The monitoring stations are labeled in Attachment A to this ordinance. 12
The National Shellfish Sanitation Program standard for approved shellfish 13
harvesting is a fecal coliform geometric mean not greater than fourteen organisms 14
per one hundred milliliters with an estimated ninetieth percentile not greater than 15
forty-three organisms per one hundred milliliters. 16
3. Due to the failure to meet the National Shellfish Sanitation Program standard 17
at the Washington state Department of Health marine water quality monitoring 18
stations at the mouth of Cold creek and at the mouth of Woodmont creek, on 19
23
2
September 14, 2016, the Washington state Department of Health officially 20
downgraded the classification of 124.4 acres of commercial shellfish harvesting 21
area in Poverty bay, which is located on Puget Sound in King County. 22
4. Chapter 90.72 RCW requires the King County council to create a shellfish 23
protection district and establish a shellfish protection program to address the 24
causes or suspected causes of pollution contributing to the water quality 25
degradation that led to the downgrade. 26
5. The Washington state Department of Health determined that the degradation of 27
Poverty bay water quality is primarily due to sources of fecal coliform. 28
6. Sources of fecal coliform, including, but not limited to, failing on-site sewage 29
systems, pet waste and agricultural runoff, threaten public health and safety when 30
consuming shellfish harvested from Poverty bay. 31
7. Because of the downgrade, King County convened a technical committee 32
consisting of representatives of the cities of Des Moines, Federal Way, Kent and 33
SeaTac, the Washington state Department of Health, Department of Ecology, 34
Department of Natural Resources, the Washington state Parks and Recreation 35
Commission, the Lakehaven and Midway sewer districts, the University of 36
Washington, and the Puyallup Tribe. The technical committee held several 37
meetings in 2015, 2016 and 2017 to discuss the boundaries of the district. It 38
reviewed five options based on monitoring data and watershed boundaries, and 39
recommended the boundaries in Attachment A to this ordinance. 40
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 41
24
3
SECTION 1. Sections 2 through 6 of this ordinance should constitute a new chapter in 42
K.C.C. Title 2. 43
NEW SECTION. SECTION 2. The Poverty Bay Shellfish Protection District is hereby 44
created as required by chapter 90.72 RCW. 45
NEW SECTION. SECTION 3. The legal boundaries of the Poverty Bay Shellfish 46
Protection District are in Attachment A to this ordinance. 47
NEW SECTION. SECTION 4. The purpose of the Poverty Bay Shellfish Protection 48
District is to implement a shellfish protection program to address the causes or suspected causes 49
of water quality degradation that led to the Washington state Department of Health downgrade of 50
the classification of the commercial shellfish harvesting area of Poverty Bay. The Poverty Bay 51
Closure Response Plan, Attachment B to this ordinance, is hereby adopted. 52
NEW SECTION. SECTION 5. The King County department of natural resources and 53
parks shall be the lead agency for the shellfish protection program and shall coordinate with the 54
Washington state Department of Health, Department of Ecology, Department of Natural 55
Resources, and Department of Transportation, the Washington state Parks and Recreation 56
Commission, Seattle-King County Public Health, the cities of Des Moines, Federal Way, Kent 57
and SeaTac, the Midway and Lakehaven sewer districts, the Puyallup tribe and other appropriate 58
entities with regulatory authority or activities within the boundary to implement the Poverty Bay 59
Closure Response Plan. 60
NEW SECTION. SECTION 6. Within one year of the effective date of this ordinance, 61
and every year thereafter until the Poverty Bay Shellfish Protection District is dissolved, the 62
King County department of natural resources and parks shall transmit a report about 63
implementation of this ordinance to the council. The report shall be prepared in cooperation with 64
25
4
the entities listed in section 5 of this ordinance. It shall include a description of the status and 65
progress of the shellfish protection program, a review of the legal boundaries of the district and, 66
if applicable, a recommended adjustment to the legal boundaries. The report shall be filed in the 67
form of a paper original and an electronic copy with the clerk of the council, who shall retain the 68
original and provide an electronic copy to all councilmembers, the council chief of staff and the 69
lead staff to the transportation, economy and environment committee or its successor. 70
NEW SECTION. SECTION 7. The Poverty Bay Shellfish Protection District shall be 71
dissolved and this chapter repealed upon the Washington state Department of Health's removal 72
of the downgrade of the commercial shellfish harvesting area of Poverty Bay. 73
26
5
Attachment A: Poverty Bay Shellfish Protection District Map Boundary 74
75
27
6
Attachment B: The Poverty Bay Closure Response Plan 76
Still being edited… 77
28
2018
Poverty Bay Shellfish
Protection District
CLOSURE RESPONSE PLAN
DRAFT
29
1
Table of Contents
Preface .......................................................................................................................................................... 1
Introduction .................................................................................................................................................. 1
Boundaries of the Shellfish Protection District ............................................................................................. 2
Description of the Area ................................................................................................................................. 2
Strategy and Actions ..................................................................................................................................... 3
Appendix A: Poverty Bay Shellfish Protection District Boundary Map ......................................................... 7
Appendix B: Poverty Bay Pollution Identification Process Flow Chart: ........................................................ 8
Appendix C: Dye Testing Protocols ............................................................................................................... 9
Preface
The goal of the Poverty Bay Shellfish Protection District is to identify and eliminate sources of bacterial
pollution within the district boundaries. This Closure Response Plan is an iterative document designed to
evolve and change in response to the needs of the Shellfish Protection District.
Introduction
Poverty Bay is located along the eastern coast of Puget Sound from Federal Way to Des Moines. The
shellfish harvesting area is nearly 1000 acres. Half of the wild geoducks are harvested by the Puyallup
Tribe while the remaining are auctioned off by the Washington State Department of Natural Resources
(DNR). The proceeds fund aquatic restoration projects throughout Puget Sound.
Based on their marine water quality sampling stations 722 and 720 failing the National Shellfish
Sanitation Program standard, the Washington State Department of Health (DOH) downgraded
approximately 125 acres in the Poverty Bay commercial shellfish growing area from “Approved” to
“Conditionally Approved” in 2016. In accordance with RCW 90.72 this triggered the requirement for the
development of a Shellfish Protection District (SPD), and the need for a strategy to address bacterial
pollution in the area.
RCW 90.72.040 requires counties to cooperate with cities, towns, and water-related special districts to
establish shellfish protection district boundaries and implement shellfish protection programs, so in
response to the notification from DOH, King County formed the Poverty Bay Technical Committee (TC),
and initiated a bacterial Pollution Identification and Correction (PIC) field monitoring program with
National Estuary Program funds from the EPA. The TC consists of representatives from state and local
entities with regulatory authority or activities in the area including King County, the cities of Des Moines,
Federal Way, Kent, and SeaTac, DOH, Washington state Department of Ecology, Washington state
30
2
Department of Natural Resources, Washington state Parks and Recreation Commission, Washington
state Department of Transportation, Lakehaven and Midway Sewer Districts, the University of
Washington, and the Puyallup Tribe.
Boundaries of the Shellfish Protection District
The drainage basins for the attached boundary map (Appendix A) are nearly 10 square miles of mostly
urban and suburban residential development with some commercial corridors. The boundary
encompasses parts of the City of Des Moines, Federal Way, Kent, and SeaTac, and both Lakehaven and
Midway Sewer districts operate within these drainage basins. There are five primary freshwater creeks
that discharge within the boundary limits. Starting with the most southerly and moving northward they
are Cold, Redondo, Woodmont, the South Fork of McSorley, and Massey creeks.
The map boundaries were drawn to include all areas with the potential to further influence the status of
the downgraded shellfish bed. The boundary map includes areas in which nonpoint pollution may be
threatening water quality and the restoration of shellfish harvesting. The TC has identified the need to
develop a process for reviewing and recommending revisions the SPD boundaries if applicable. Once
that has been formalized the boundaries may be subject to change when monitoring data supports a
revision, and a recommendation from the TC is adopted by King County council.
There is currently no plan to use the district as a funding mechanism. All parties are working towards the
upgrade of the identified shellfish beds and designations that will allow for the year-round harvest of
shellfish with existing resources, programs, and actions. This will be accomplished through a series of
coordinated education and outreach, pollution identification, and source control efforts outlined in
Table 1.
Description of the Area
The SPD includes 11 different sub-basins that drain to nearly 5 miles of shoreline. Approximately 4 miles
of shoreline falls within the City of Des Moines, and about 1 mile is located within the City of Federal
Way. Additionally, a small portion of shoreline falls within Saltwater State Park and is the responsibility
of Washington State Parks. There is approximately 1000 acres of shellfish harvesting beds in Poverty
Bay. In nearly 600 acres shellfish harvesting is “prohibited”, and it is “approved” in about 300 acres and
now “conditionally approved” in 125 acres. About half of geoduck are exclusively available to the
Puyallup Tribe and the other available by auction and managed by Washington State DNR. This Closure
Response Plan sets forth proposed actions intended to restore the acres that are classified as
“conditionally approved” to an “approved” classification.
Site investigations have located 20 discharge points along the shoreline from Saltwater State Park to the
Redondo Creek stream discharge, with many more located up each of the major creek systems. More
extensive shoreline investigations are planned.
Wastewater collection and disposal is managed by three primary organizations. Midway Sewer District
and Lakehaven Sewer District both operate within the SPD boundaries. Lakehaven Sewer District
operates a Wastewater Treatment Plant within the SPD boundaries. While the Wastewater Treatment
Plant for Midway Sewer district is adjacent to Des Moines Creek, it sits outside the proposed SPD
boundary. In addition, Public Health - Seattle & King County’s septic system program reviews and
approves the design and installation of new on-site sewage (septic) systems (OSS) and repair proposals
31
3
and installations for failing on-site sewage systems. When a failure is suspected, they will investigate the
site for evidence of surfacing sewage. If a failure is confirmed, they will ensure the system is repaired or
connected tosanitary sewer lines, if possible. Within the SPD boundary map, 15% of residential, 1.5%
condominium, and 5.4% commercial parcels have been identified as being on septic systems.
There are no major agricultural activities identified within the SPD. Most likely there are a few hobbyists
operating some small scale domestic animal operations, including chicken coops and private pony or
horse barns, within the guidelines of various city ordinances, but these potential sources of bacteria are
not considered a priority to the SPD at this time.
Boating and accessing the shoreline are the primary recreational activities within the SPD. Only a couple
of businesses are located along the shoreline, with the bulk of commercial activity located upland in the
Woodmont Creek, McSoreley Creek, and Massey Creek drainage basins. The city of Des Moines operates
a marina for 840 vessels on the northernmost edge, just outside of the SPD boundary where they offer
free pump out of sewage included in the moorage fee. The City of Des Moines also operates a boat
launch at Redondo Beach where there is public beach access.
Strategy and Actions
King County is currently the lead agency administering and coordinating the Shellfish Protection District
and Closure Response Plan. The cities of Des Moines, Federal Way, Kent, and SeaTac are all involved as
partner organizations. In addition, Washington State Department of Health, Washington State
Department of Ecology, Washington State Department of Transportation, Department of Natural
Resources, Washington State Parks and Recreation Commision, and Lakehaven and Midway Sewer
Districts are also partners in the Shellfish Protection District.
Closure Response Plan activities are dependent upon the results of an ongoing sampling program and
will evolve to reflect the outcomes of traditional bacterial culture and bacteriological genetic analyses
designed to more accurately identify sources of bacteria. For the following table the designation of
“Cities/County” means Des Moines, Federal Way, Kent, SeaTac, and King County:
Table 1: Poverty Bay Shellfish Protection District Proposed Actions
Task & Objective Lead
Agency/Partner Timeline Funding
Source Priority Status
Actions/Products
/Outcomes
Comments/Challenges/
Resources Needed
Objective 1: Planning, Coordination, and Reporting
Create Shellfish
Protection District
King County / All 1st Quarter
of 2018
King
County
High In progress District created
Develop a closure
response
plan/shellfish
protection program
King County / All Started King
County
High Drafted Adaptive management
plan
Develop a Shellfish
Protection District
work group
King County / All 1st Quarter
of 2018
King
County
High Completed Workgroup and email
distribution list
Regular meetings of
the Shellfish
King County / All Started King High Ongoing Regular meetings
32
4
Task & Objective Lead
Agency/Partner Timeline Funding
Source Priority Status
Actions/Products
/Outcomes
Comments/Challenges/
Resources Needed
Protection District
Committee or work
group
County
Annual Reporting
to WDOH under
RCW 90.72
King County Started King
County
High Ongoing Annual report
Develop a Pollution
Identification and
Correction Program
King County / All Unknown King
County
High Not started PIC program
documentation
Dependent on sampling
results for genetic
markers
Create Pollution
Identification
Process Flowchart
King County Complete King
County
High Complete Flowchart Attached to this
document (Appendix B)
Develop a formal
process for
recommending
boundary changes,
if applicable
King County/All 3rd Quarter
of 2018
King
County
High Not started Clear process for
recommending boundary
changes to be made by
the King County council, if
applicable
Objective 2: Monitor Water Quality, Sampling and Analyses
Conduct marine
water quality
monitoring of the
Growing Area
DNR / WA DOH Started DNR / WA
DOH
High Ongoing
Ambient
freshwater
monitoring
program
King County / UW /
Des Moines /
Federal Way
Started King
County /
UW / Des
Moines /
Federal
Way /
National
Estuary
Program
High Ongoing
Shoreline sampling
and analyses
King County / DNR
/ WA DOH
Started DNR / King
County
High Ongoing
Develop PIC
sampling protocol
including “hot spot”
criteria and
bracketed sampling
King County Complete Septage
Fee
Completed QAPP finalized
Identify source
tracing team roles
and responsibilities
Cities/County Not started King
County
High Not started Documented roles and
responsibilities
Sampling for bacteria in
the MS4
Circulation study of
the growing area
DOH Not started Unknown low
Advanced fecal
coliform source
methodology
(Sewage Sniffing
Dog, MST, MSC,
Chemical Tracers)
King County /
University of
Washington
Started King
County /
National
Estuary
Program
medium Ongoing
33
5
Task & Objective Lead
Agency/Partner Timeline Funding
Source Priority Status
Actions/Products
/Outcomes
Comments/Challenges/
Resources Needed
Water quality data
management
King County Started King
County
High Drafted Singular location for
storing all the data
Combining existing
datasets from various
agencies is complicated
Share water quality
data with
stakeholder group
All Parties Started All High In progress Singular location for
storing all the data
Objective 3: Control OSS Sources
Implement
enhanced OSS
Operation and
Management
Seattle - King
County Public
Health
TBD Septage
fee
Low Not Started Low priority until source
of bacteria is
determined pending
approved authority
Identify location
and risk level of
septic systems in
the shellfish
protection district
Seattle - King
County Public
Health
TBD Septage
fee
Low In progress Location – Complete
Risk level – not
determined
Low priority until source
of bacteria is
determined
Sanitary/Parcel
Surveys of marine
and freshwater
shoreline
properties
Lakehaven sewer
district, Midway
sewer district,
Seattle - King
County Public
Health
TBD Partner
agencies
Low Not started Low priority until source
of bacteria is
determined
Septic O&M
notification and
incentives
Seattle - King
County Public
Health
TBD Septage
fee
Low Not started Low priority until source
of bacteria and funding
is determined
Develop dye test
protocol and dye
test where
warranted
Seattle - King
County Public
Health
Complete Low - High Drafted -
attached
Low priority until
suspected source of
bacteria are
determined, then high.
Objective 4: Control Storm Water Sources
NPDES Program
Implementation
Des Moines /
Federal Way / Kent
/ SeaTac
Started Des Moines
/ Federal
Way / Kent
/ SeaTac
High Ongoing Annual Report and
Stormwater Management
Program Plans
Illicit discharge
detection and
elimination
program
Des Moines /
Federal Way / Kent
/ SeaTac
Started Des Moines
/ Federal
Way / Kent
/ SeaTac
High Ongoing Ongoing record keeping
of identified and
eliminated discharges
Storm water facility
maintenance and
inspection
Des Moines /
Federal Way / Kent
/ SeaTac
Started Des Moines
/ Federal
Way / Kent
/ SeaTac
High Ongoing Compliance with
Municipal NPDES permit
Low impact
development
Des Moines /
Federal Way / Kent
/ SeaTac
Started Des Moines
/ Federal
Way / Kent
/ SeaTac
High Ongoing Compliance with
Municipal NPDES permit
34
6
Task & Objective Lead
Agency/Partner Timeline Funding
Source Priority Status
Actions/Products
/Outcomes
Comments/Challenges/
Resources Needed
Objective 5: Education/Outreach
Develop a
communication/
social marketing
plan
Cities/County TBD Team
NPDES
Programs
High Not started Communication tool with
general focus
Genetic testing will
provide more guidance
on targeted outreach
Create Website for
project history,
summary and
updates
King County TBD Unknown Medium Not started Centralized website for
district
information/data/studies
Funding and time are
the greatest obstacles
Pet waste outreach
program
Cities/County TBD Team
NPDES
Programs
Low Not started Genetic testing will
provide more guidance
on targeted outreach
Septic workshops
for homeowners
and realtors
Seattle – King
County Public
Health
TBD Unknown Low Unfunded Public workshops or easily
accessible information
Genetic testing will
provide more guidance
on targeted outreach
Community
Outreach Events
Cities/County TBD Team
NPDES
Programs
Medium Not started Tabling at public festivals
and various events
Need materials specific
to the district, and a
presence at events
Objective 7: Point Sources - WWTP and Marinas
Review WWTP
records and
performance
Midway and
Lakehaven sewer
districts
Started Midway
and
Lakehaven
sewer
districts
High Ongoing Compliance with
regulations
Collection system
and CSO evaluation
Midway and
Lakehaven sewer
districts
Started Midway
and
Lakehaven
sewer
districts
High Ongoing Compliance with
regulations
Develop
procedures for
identifying and
cleaning up
homeless
encampments
All Parties Started All Medium Ongoing Defined procedures for
each jurisdiction
Politically sensitive issue
35
7
Appendix A: Poverty Bay Shellfish Protection District Boundary Map
36
8
Appendix B: Poverty Bay Pollution Identification Process Flow Chart:
37
9
Appendix C: Dye Testing Protocols
King County Public Health dye test procedures for detecting On-site Sewage System Failures
(two methods)
A. Visual dye testing procedures for visual surfacing sewage & dye procedures – rough
version
When it appears that obvious discharge is present, PHSKC will use established dye test
procedures to confirm source of pollution.
Procedure
a) Pour a minimum of 100 ml premixed dye solution into plumbing fixtures.
b) Flush dye with an ample volume of water
c) Walk the property for signs of dye immediately
d) If dye is not immediately observed, return two to three days later to observe dye
e) If dye is observed, the failure is confirmed
f) Initiate corrective procedures
g) Initiate enforcement procedures
B. Charcoal packet dye testing procedures for identifying acute sources of pollution
Public Health – Seattle & King County adapted dye testing procedures developed by Dr. Tom
Aley of Ozark Underground Laboratories (OUL). (www.ozarkundergroundlab.com).
Field materials:
Black Ink marker
Whirl-Pak bags
Fluorescein, Eosine, Rhodamine WT or Sulforhodamine B (powder or liquid. Fluorescein
is most common. Rhodamine used as back up with multiple tests)
Preassembled charcoal packets from OUL
Sterile gloves
Tweezers or tongs
Cooler with ice packs (for specimen transport)
Hand sanitizer
Container for garbage
Log book and pen
125 M/L sterilized sampling bottles
Camera
Lab materials: eluent to be handled by OUL or mixed in KC lab (at date to be determined)
Eluent: 99% Isopropyl alcohol
Deionized water
Potassium hydroxide (KOH) pellets
38
10
Mixture: 350 ML of isopropyl alcoho1, 150 ML of deionized water, 21-25 G of
KOH pellets/ pour off supernatant and discard remaining supersaturated
solution. Use 20 ML elution per packet.
Various glassware – pipettes, beakers, graduated cylinders, test tubes
Sterile gloves
Handheld UV light or Fluorimeter (preferred method)
Dyes and charcoal packets are obtained through Ozark Underground Laboratories. Other
materials obtained from supply houses.
General: These procedures only during wet weather. Recommend planning to begin tests in
the fall.
Always use sterile gloves when handling charcoal packets and dye bottles. Avoid potential for
cross contamination during field work and transport of samples. Optimally, two people should
be used for dye testing- one to collect and reset dye packets and take field notes; one to apply
dye to suspect discharge source. Place charcoal packets prior to dye test. Change gloves
between procedures.
Procedure:
In the field
Limitations of the test include possible interference from fluorescein introduced from other
sources: e.g. antifreeze, tap water in some areas, dyes and food additives, etc. Placement of
background control packets should be used in advance of the dye test procedure.
Background packets should be placed at least one week prior to plan dye test. Through a
survey of the property, select optimal site(s) downstream of residence for background charcoal
packet placement. Adequate flowing water is crucial for dye test success. Packets need to be
exposed to as much water as possible. Place packets in drainage ditches, creeks, streams, water
bodies, seasonal flow paths, outlet pipes or culverts. 2 or 3 packets are adequate to detect
sewage failure. Secure packets by wiring or zip tying to branch, tree, outlet pipe or grate, under
rocks- anything to avoid washing away. If possible, place in shade away from direct sunlight.
Note placement with detailed notes detailing location, date and time of placement or by
flagging on site. Use discretion with flagging in field to limit interference from public.
Retrieve background packets 5-7 days after wet weather events, possibly later dependent upon
septic use, stream flow, time of year, etc. Use sterilized rubber gloves and/or tweezers to
retrieve packets. No bare hand contact. Place packets in Whirl-Pak bags immediately and label
clearly with address, location, date of placement, pickup and time Store in dark cooler with ice
blocks for transport to lab. At this time, new packets must be placed in same area as
background packs utilizing the same procedure. Place at least one (preferably 2-3) in same
proximity as controls packs. Packets must be securely fastened to prevent washing away.
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Dye may be introduced directly into septic or pump tank or other component of the system. If
unavailable, choose a toilet, sink, wash basin, shower or tub inside the residence. Carefully pour
200 ml dye solution into the system, preferably more than one fixture. Use two bottles if
needed. Flush toilet or run water to assure no blockage and to wash residual dye. NOTE: DYE
may STAIN FIXTURES, and definitely stains carpet, vinyl, linoleum, handles, clothes, etc. – avoid
splashing. Retain empty dye bottle separately from all other supplies and return to lab for
cleaning and refilling.
Dye packets should be retrieved 7-10 days after dye test dependent upon system use, rainfall
and water flow. If lacking in flow to suspect area, it is advised to soak control packs longer. It’s
optional to retrieve packs and introduce new packets. Use the Whirl-Pak sealable bags
provided by OUL upon retrieval from site. Rinse packet in the stream flow to remove excess
debris and sediment. The packet should then be sealed in zip lock bag for further protection
from contamination. Label each packet with permanent marker detailing the names, dates and
times, and keep cool and away from direct light with ice chest for transport to lab. Note and
verify with pictures any visible dye in the area.
Transportation to OUL
Charcoal packets should be shipped promptly to OUL. UPS and FedEx can do overnight and
second day air service to OUL. The US postal service typically does not provide next day air
service to OUL. All shipments should be mailed Monday-Thursday, as OUL does not receive
Saturday shipments. Charcoal packs are double bagged, and mailed using bubble wrapped
envelops or bubble wrapped boxes, depending on number of packets. OUL mailing address:
Ozark Underground Laboratory
1572 Aley Lane
Protem, MO 65733
Each shipment of samples must be accompanied by a sample custody document, which is
provided by OUL. A full size form can be found on their website at:
http://ozarkundergroundlab.com/assets/procedures-and-criteria-standard-dyes.pdf
Payment for OUL is processed via Debra Cannon – (206) 477-8146 or
Debra.Cannon@kingcounty.gov
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Laboratory procedures
To be developed if a laboratory becomes available
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 5, 2018
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP Transportation Manager
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Transportation Grants - Update
SUMMARY: Staff will present recommendations for grant opportunities. These
include federal grant distributions overseen by the Puget Sound Regional Council
(PSRC) and state grants administered by the Washington State Department of
Transportation.
EXHIBITS: N/A
BUDGET IMPACT: N/A
INFORMATION ONLY/NO MOTION REQUIRED
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44
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: February 5, 2018
T0: Public Works Committee Members
FROM: Joe Araucto, P.E., Utility Engineer
THROUGH: Dave Brock, P.E., Deputy Director/Operations Manager
SUBJECT: Information Only/2018 - 2020 Overlay Projects
SUMMARY: Public Works staff has completed a majority of the 2017 overlay
projects approved by Council within the adopted 2017/2018 biennium budget. The
remaining overlay work approved for 2017 on James Street, between Central and
Clark Avenues was deferred to 2018. The S. 212th Way overlay, near Winco Foods,
proceeded in 2017 in lieu of the work on James Street. Staff will review the
remaining 2018 overlay projects with the Committee.
Formal action for the 2019/2020 overlay projects is anticipated to occur as part of
the 2019/2020 budget process. To position the City in the most advantageous
bidding timeframe, staff needs to begin working on 2019 projects in the near future.
In advance of the budget process, staff will present proposed 2019/2020 overlay
projects to foster discussion and obtain initial feedback.
EXHIBIT: None
BUDGET IMPACT: Funding would come from Business & Occupation and Solid
Waste Utility Taxes.
INFORMATION ONLY/NO ACTION REQUIRED
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46
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: February 5, 2018
TO: Public Works Committee Members
FROM: Chad Bieren P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
EXHIBIT: None
BUDGET IMPACT: N/A
Information Only/No Action Required
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