HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/09/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
January 9, 2017
4:00 p.m.
SPECIAL MEETING
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of Minutes December 5, 2016 YES None 03 03
5. Info Only/Kent Sounder Access Improvements NO Sandra Fann
Sound Transit
15 11
6. Stormwater Manual – Recommend YES Shawn Gilbertson 15 13
7. Local Hazardous Waste Management Program
Acceptance - Recommend
YES Gina Hungerford 05 51
8. King County Solid Waste Division/Waste
Reduction & Recycling Grant – Recommend
YES Gina Hungerford 05 69
9. King Conservation Futures Interlocal Agreement
Amendment for Anderson Property -
Recommend
YES Matt Knox 05 91
10. Consultant Services Agreement with Shearer
Design for Bridge Rating – Recommend
YES Joe Araucto 10 97
11. Transportation Improvement Board (TIB) 132nd
Ave SE Grant - Recommend
YES Drew Holcomb 10 115
12. Info Only/Railroad Issues & Quiet Zone Update NO Chad Bieren 05 129
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CITY OF KENT
PUBLIC WORKS COMMITTEE
Summary Minutes of Regular Meeting
December 5, 2016 Kent City Hall,
4:00 p.m. Council Chambers East
Kent, Washington
1. Call to Order
The meeting was called to order at 4:01p.m., by Chair Higgins.
2. Roll Call
Councilmembers B. Fincher and D. Ralph were present.
ABSENT:
3. Changes to the Agenda
Public Works Director Tim LaPorte indicated there was one addition to the agenda, an
information only item 5A Crosswalks.
4. Approval of Minutes, dated November 21, 2016
Committee member Fincher MOVED to approve the Minutes of November 21,
2016. The motion was SECONDED by Committee member Ralph and PASSED
3-0.
5. FASTLANE Grant Letter of Support to WSDOT – Recommend
Lacey Jane Wolfe, Senior Transportation Planner and Kelly Peterson, Transportation
Engineering Manager noted that in 2015, the Washington State Legislature approved
the Connecting Washington Legislation including the SR167 and SR509 Gateway
projects. Wolfe went on to note that this legislation identified a budget of $1.87
billion to construct both projects, though some funding is still needed. Alternatives
for these projects are currently being vetted.
Wolfe stated that a call for projects to apply for FASTLANE grants to help fund critical
freight and highway project across the country has been issued. The Gateway
projects qualify for this grant. WSDOT will be applying for the grant, asking for over
$100 million.
Support from stakeholders is beneficial to the grant application.
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Committee member Ralph MOVED to recommend Council authorize Council
President Boyce to sign a letter of support for the Washington State
Department of Transportation’s Puget Sound Gateway Program application
for the federal FASTLANE grant. The motion was SECONDED by Committee
member Fincher and PASSED 3-0.
Item 5A. Sidewalk Marking Removal – Information Only
Lacey Jane Wolfe, Senior Transportation Planner noted that 47 crosswalks that didn’t
meet regulations were removed and that staff will be adding new crosswalks that
meet warrants this spring/summer. Wolf will be back later in the year with updates.
Item 6. Consultant Services Agreement with Gray & Osborne for
Pressure Reducing Valves – Recommend
Bryan Bond, Engineering Project Coordinator presented information regarding the
design of the new 640 Zone. The City intends to complete the northern portion of
the new 640 Zone first in 2018 and then work to complete the southern portion of
the zone at a later date. Bond noted that most of the area will be served from the
640 Zone reservoir and will provide service pressures that are suitable per
Washington State Department of Health (DOH) Standards. Low lying areas will see
pressure that are too high, and in order to meet DOH standards, pressure reducing
valves need to be installed in affected homes and businesses. The City estimates that
approximately 625 individual PRVs will be required to convert the northern portion of
the new 640 Zone.
Gray & Osborne will prepare project designs and bid documents for the installation of
the PRV’s.
Committee member Fincher MOVED recommend Council authorize the Mayor
to sign a Consultant Services Agreement with Gray & Osborne Inc. in an
amount not to exceed $55,160.00 to prepare construction documents for the
installation of pressure reducing valves (PRV’s) at individual water services
as part of the 640 Zone Conversion Project, 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. Ordinance Adopting New City of Kent Surface Water Design
Manual - Recommend
Shawn Gilbertson, presented information on the Surface Water Design Manual noting
that this ordinance adopts Kent’s 2017 Surface Water Design Manual, which is
required under the State of Washington’s Phase II Municipal Stormwater General
Permit, under which the city of Kent is covered. This Manual adopts King County’s
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Surface Water Design Manual, with some local changes applicable in Kent. The
update is needed to comply with the State’s requirement that the city of Kent’s
standards for stormwater management be equivalent to those of the Washington
State Department of Ecology’s 2014 Stormwater Management Manual for Western
Washington, and adopted by January 1, 2017.
The new King County Surface Water Design Manual contains many of the same
requirements that have been part of Kent’s design standards for at least 14 years.
However, there will be new standards that will impact development in a significant
way; mainly the requirements for increased flow control, including the use of Low
Impact Development stormwater management practices like rain gardens and
pervious pavement. These new requirements may impact staff workload and
development costs, but this has not been quantified.
A public hearing on the new Surface Water Design Manual was held before the Land
Use and Planning Board (LUPB) on Monday, November 28, 2016. The LUPB
recommended the Manual’s adoption with a 60-day effective date and two minor
amendments to the manual itself.
Gilbertson noted that a copy of Kent’s Manual is available in the Council’s office and
the new King County Manual is available online at:
http://www.kingcounty.gov/services/environment/water-and-
land/stormwater/documents/surface-water-design-manual.aspx
Committee member Ralph MOVED recommend Council adopt an ordinance
that repeals Section 2 of Ordinance No. 3602 and Kent’s 2002 Surface Water
Design Manual, and adopts Kent’s new 2017 Surface Water Design Manual.
The motion was SECONDED by Committee member Fincher and PASSED 3 -
0.
Item 8. Consultant Agreement with Jacobs Engineering Group, Inc. for
GRNRA Pump Station – Recommend
Alex Murillo, Environmental Engineering Supervisor noted that there are a number of
stormwater drainage improvements citywide that need to be addressed to reduce
flood risk impacts to roadways, private properties and businesses. Some of these
projects have been identified in the city’s Drainage Master Plan, while others have
come up unexpectedly during storm events.
Anchor QEA will help city staff more readily respond to urgent stormwater drainage
design needs and will also help complete identified projects in the city’s Drainage
Master Plan. City staff have worked on similar projects in the past, but current
workload necessitates additional help from outside consultants.
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Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign to a consultant services agreement with Anchor QEA, in an
amount not to exceed $249,786.00 for general stormwater drainage designs
services, 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 9. Consultant Agreement with Jacobs Engineering Group, Inc for
Green River Natural Resource Area Pump Station - Recommend
Toby Hallock, Environmental Engineer, noted that the Green River Natural Resources
Area (GRNRA) features a regional stormwater detention and water quality
improvement facility in the heart of the Kent valley. A series of ponds in the GRNRA
collect and treat stormwater runoff from streets and buildings in the valley. High
flows from Mill Creek are also directed to the GRNRA. The proposed stormwater
pump station will increase flood storage in the ponds by pumping treated stormwater
to the Green River, which will reduce flood risk along Mill Creek and other areas in
the Kent valley.
Jacobs Engineering Group, Inc. (Jacobs) will evaluate project alternatives for the
pump station sizing and location. Other future contract proposals with Jacobs will be
presented before committee for authorization as the project designs move forward.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to sign a Consultant Services Agreement with Jacobs Engineering
Group, Inc. for the Green River Natural Resources Area Pump Station project
not to exceed $74,318.28 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 10. King County Disposal Rate Increase - Information Only
Matt Knox Environmental Engineering Supervisor noted that after a lengthy analysis,
King County Solid Waste Division has confirmed a rate increase on disposal fees that
will take effect in January 2017 and 2018. The new fee will be $134.59 per ton, up
from $120 a ton.
The new rate will allow the Solid Waste Division to provide new recycling options at
transfer stations to help divert 42,000 additional tons of recyclable materials from
the landfill.
INFORMATION ONLY/NO MOTION REQUIRED
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Item 11. Snow & Ice Removal Plan - Information Only
Bill Thomas, Street and Vegetation Manager noted that staff begins preparing for
winter weather events in late summer and early fall. Staff coordinates with adjoining
jurisdictions as well as King County to make sure our life line routes and transit snow
routes are identified.
Kent Police play a very important part in our success with snow fighting. They have
the authority to have abandoned vehicles removed as needed to make it safe for our
staff as well as the motoring public.
We have 8,000 gallons of capacity in our de-icing storage tanks which translates to
eight loads of material. Thomas said that replacement material is ordered when
capacity is less than 50% - refill turnaround is about 72 hours. Anti-ice is typically
pre-applied on bridges and roadways to prevent black ice.
Thomas briefly went over the snow and ice priority routes. He reminded everyone to
be prepared at home, in your car and at work. If you know of an event that is
coming, take time to prepare. Should you want more information go to
DriveKent.com
INFORMATION ONLY/NO MOTION REQUIRED
12. 2016 Construction Recap – Information Only
Eric Connor, Construction Engineering Manager went over the projects that were
completed in 2016 by the following staff members:
Capital Projects Development Projects
Paul Kuehne Jim Ausburn
Jason Barry Jay Mounts
Jason Bryant Dave Devine
Phil McConnell Phil Becker
Tsz (Alan) Chau - Temporary Dave Agnew
Brian Shields - Temporary
Mazin Ghanim - Temporary
James Street Improvements – Watermain & Landscaping
James Street Pump Station
2016 Asphalt Overlays
72nd Avenue South Extension S 196th Street to South 200th Street
Central Ave South Pavement Preservation and Utility Improvements
Briscoe-Desimone Levee Improvements Reach 4
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SR 516 S 231st Way Levee Russell Road Upper Levee – South Reach
1st Avenue North Improvements
1st Avenue South Drainage Improvements
Armstrong Springs Motor Control Center and Generator Upgrades
Guiberson Reservoir Joint Sealing
Kent Regional Trails Connector
Kent Kangley Pedestrian Improvements
S 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft
Construction
Mill Creek Side Channel / Leber Homestead Property
Pacific Highway Median Planting (South 272nd St – South 240th St)
South 212th Street Erosion Repairs
76th Avenue South Storm Drainage Improvements
Private Development Projects:
Grandview
Amazon
5th Avenue Townhomes
BLT Transport
Rainier Pond
Verdana / Bridges
Bandon East
Kentridge Estate
Garrison Greek
Canyon Terrace
Balmoral Heights
Upcoming 2017 Capital Improvement Project (CIP):
132nd Avenue Pedestrian Improvements
208th Street Drainage and Guardrail
212th at 72nd Avenue Concrete Intersection
South 244th Street Improvements
80th Avenue South Pavement Rehabilitation
Upper Mill Creek Dam Improvements
2017 Asphalt Overlays
South 228th Street Grade Separation
It was a very busy year, many thanks to all involved!
INFORMATION ONLY/NO MOTION REQUIRED
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13. Quiet Zone Update – Information Only
Deputy Director / City Engineer, Chad Bieren gave a brief update on the Quiet Zone,
noting that channelization devices needing to be replaced will go through committee
in 2017.
Bieren noted the Burlington Northern equipment failure the day following the
presentation to the Public Works committee. Staff will continue to work with the
railroad and is in discussions with the United Transportation Commission (UTC) and
the Federal Railway Administration (FRA).
INFORMATION ONLY/NO MOTION REQUIRED
15. Adjournment
At 5:39 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Cheryl Viseth
Public Works Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: January 9 2017
TO: Public Works Committee Members
FROM: Sandra Fann, Sound Transit
ITEM 5: Information Only/Kent Sounder Access Improvements
SUMMARY: Sandra Fann from Sound Transit will provide information regarding Kent
Sounder access improvements.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Michael Mactutis, Environmental Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 6: Ordinance Adopting New City of Kent Surface Water Design Manual
SUMMARY: This ordinance adopts Kent’s 2017 Surface Water Design Manual, which is
required under the State of Washington’s Phase II Municipal Stormwater General Permit,
under which the city of Kent is covered. The update is needed to comply with the Permit’s
requirement that the city of Kent’s standards for stormwater management be equivalent
to those of the Washington State Department of Ecology’s 2014 Stormwater Management
Manual for Western Washington, and adopted by January 1, 2017.
The new King County Surface Water Design Manual contains many of the same
requirements that have been a part of Kent’s design standards for at least 14 years.
However, there will be new standards that will impact development in a significant way;
mainly the requirements for increased flow control, including the use of Low Impact
Development stormwater management practices like rain gardens and pervious
pavement. Attached is a summary of changes that highlights the most notable changes to
the King County Manual.
Since this ordinance was recommended for adoption by the Public Works
Committee on December 5, 2016, there has been additional communication with
the Master Builders Association related to design criteria specific to Kent. There
have been changes made to the Kent Surface Water Design Manual based on
those communications and those are attached.
EXHIBITS: (1) Ordinance; (2) Summary of Changes to King County’s Manual; and
Summary of Changes to Kent’s Manual. A copy of Kent’s Manual is available within the
Public Works and Council’s offices, and the new King County Manual is available online at:
http://www.kingcounty.gov/services/environment/water-and-
land/stormwater/documents/surface-water-design-manual.aspx
BUDGET IMPACT: None
MOTION: Recommend Council adopt an ordinance that repeals Section 2 of
Ordinance No. 3602 and Kent’s 2002 Surface Water Design Manual, and
adopts Kent’s new 2017 Surface Water Design Manual.
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1 Surface Water Design Manual
Repeal 2002 Ed. & Adopt 2016 Ed.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Section 2 of
Ordinance No. 3602 that had adopted Kent’s 2002
Surface Water Design Manual, and adopting Kent’s
new 2017 Surface Water Design Manual.
RECITALS
A. The city of Kent’s existing Surface Water Design Manual
(“KSWDM”) was last updated approximately 14 years ago, in May of 2002,
through the adoption of Ordinance No. 3602.
B. The public health, safety, and welfare of the residents of Kent
require the proper design, construction, and maintenance of surface water
and stormwater control systems. The KSWDM presents the City’s strategy
to reduce public hazards due to floods, erosion, and landslides; enhance
public health, safety, and welfare; better protects the City’s environmental
resources, specifically our native salmon; improves regulatory review by
introducing more certainty in the requirements; assists developers by
providing more detailed information about how to analyze and design
acceptable stormwater control systems; provides the City with the latest
technology available for designing and constructing stormwater controls;
and meets state and federal regulatory requirements for local
municipalities under the Endangered Species Act and Clean Water Acts.
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2 Surface Water Design Manual
Repeal 2002 Ed. & Adopt 2016 Ed.
C. Due to the requirements of federal and state law, and updates
King County made recently to its Surface Water Design Manual, it is
appropriate for Kent to update its KSWDM. During preparation of the
current KSWDM, City staff met with the development community and the
manual was subject to review under the State Environmental Policy Act
(“SEPA”). The City’s SEPA responsible official has determined that the
proposed amendments to the KSWDM are procedural in nature and further
SEPA analysis is not required for the adoption of the KSWDM.
D. A draft version of this ordinance and the KSWDM was
submitted to the Washington State Department of Commerce for expedited
review on November 4, 2016, which was granted on November 29, 2016.
The ordinance and the KSWDM were discussed as informational items
before the Economic and Community Development Committee and the
Public Works Committee on November 14, 2016, and November 21, 2016,
respectively. They were considered by the City’s Land Use and Planning
Board after a duly noticed public hearing on November 28, 2016. They
were also considered by the Public Works Committee on December 5,
2016, which recommended Council adoption. Council has considered this
ordinance, the 2017 edition of the KSWDM, together with all public
comment, and has determined that adoption is appropriate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Repealer – 2002 edition of Kent Surface Water
Design Manual. Section 2 of Ordinance No. 3602, which adopted the May
2002 edition of the Kent Surface Water Design Manual is hereby repealed
in its entirety.
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3 Surface Water Design Manual
Repeal 2002 Ed. & Adopt 2016 Ed.
SECTION 2. – Adoption – 2016 edition of Kent Surface Water
Design Manual. Kent’s 2017 Surface Water Design Manual, attached and
incorporated as Exhibit A, is hereby adopted for application and
enforcement within the city of Kent. To the extent not inconsistent with
any express provision of the Surface Water Design Manual, the Directors of
the City’s Public Works Department and the Economic and Community
Development Department may amend, revise, supplement, and
incorporate minor changes to the Surface Water Design Manual as they
become necessary. Major, substantive changes shall include an opportunity
for public review and comment.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Savings. The 2002 edition of the Surface Water
Design Manual, which is repealed and replaced by this ordinance, shall
remain in full force and effect until the effective date of this ordinance.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force sixty (60) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
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Repeal 2002 Ed. & Adopt 2016 Ed.
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of December, 2016.
APPROVED: day of December, 2016.
PUBLISHED: day of December, 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Ordinance\SurfaceWaterDesignManual-2017.docx
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Changes to the city of Kent's Surface Water Design Manual - January 5, 2017
Section Page Prior Language Proposed Language Reason for Change
Acknowledgements i Listed former contributors to production of the
manual.
Edited to include contributors to the new manual.To reflect current efforts.
Table of Contents iv - v Old table of contents.Updated table of contents.To reflect new organization of
the 2016 KCSWDM.
Key Terms and
Definitions
vi - xiv Lacked sufficient definitions to describe current
standards.
Added definitions as listed in the King County SWDM.For consistency with
KCSWDM.
Throughout Multiple "Public Works Department""Economic and Community Development
Department"
Change in city department
structure.
Chapter 1 Multiple "small site drainage review""simplified site drainage review"Consistency with King County
nomenclature.
Chapter 2 Multiple "tentative plat""preliminary plat"Change in nomenclature.
Use of Undergound
Detention Facilities
1 -38 Prohibited the use of detention vaults in residential
developments where the facilities would be Public.
Conditionally allows the use of detention vaults. To add flexibility for
development activities.
Detention Ponds
Design Criteria - Side
Slopes
5-1 Pond walls may be vertical retaining walls, provided
that at least 50% of the pond perimeter will be a
vegetated soil slope not steeper than 3H:1V with one
access for maintenance equipment at a maximum 6:1
slope
Pond walls may be vertical retaining walls, provided
that at least 25% of the pond perimeter will be a
vegetated soil slope not steeper than 3H:1V in
addition to one access for maintenance equipment at
a maximum 6:1 slope
To add flexibility for
development activities.
Detention Ponds
Design Criteria -
Embankments
5-1 The top width of the berm shall be 15 feet, unless
otherwise approved by the City.
Conditionally allows the outer edge of the berm slope
to be located within the outer 10 feet of critical area
buffers or within pond landscape setbacks.
To add flexibility for
development activities.
Maps M-3 Old Flow Control Map was outdated.Flow Control Map now indicates Conservation FC
(level 2) is required in most areas of city.
To maintain equivalence with
WA Dept of Ecology minimum
standards.
Maps M-6 Old Water Quality Map was outdated.Water Quality Map now indicates that the GRNRA and
Lake Fenwick basins are the only exceptions to
enhanced-basic WQ treatment. GRNRA is exempt and
Fenwick basin requires Sensitive Lake WQ.
To maintain equivalence with
WA Dept of Ecology minimum
standards.
Other changes in the KSWDM are added as a direct result of updates to the King County manual. Changes to the King County SWDM are highlighted in the "King Co SWDM_
2016_Summary of Changes" document.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Matt Knox, P.W.S., Environmental Supervisor
THROUGH: Chad Bieren P.E. Deputy Director / City Engineer
ITEM 7: Seattle-King County Health Department
Local Hazardous Waste Management Program (LHWMP)
Summary: The Seattle-King County Health Department’s Local Hazardous Waste
Management Program Grant is a two-year grant that helps cities protect public
health and the environment from toxics and hazardous products and wastes. The
grant covers collection of hazardous waste at three Special Recycling and Collection
Events for residents as described in the attached Grant Agreement’s Scope of Work.
Hazardous items collected at the events include: Refrigerators and freezers, as well
as batteries. In addition, the grant pays for some staffing and printing and mailing
costs.
Exhibit: Local Hazardous Waste Management Program Grant
Budget Impact: The City will receive $73,041.27 in 2017/18. No match is
required. The Local Hazardous Waste Management Program grant fully funds the
collection of hazardous waste at the three events the City hosts.
Motion: Move to recommend Council authorize the Mayor to accept the
Local Hazardous Waste Management Program Grant in the amount of
$73,041.27 for 2017/2018, establish a budget and authorize expenditure
of the grant funds accordingly, and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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1
COMMUNITY SERVICES
AGREEMENT
PHSKC Agreement #
1280 EHS
This Agreement is between King County and the Recipient identified below. The County
department overseeing the work to be performed in this Agreement is the Department of Public
Health (PHSKC).
RECIPIENT NAME
City of Kent
RECIPIENT FEDERAL TAX ID #
91-1355875
RECIPIENT ADDRESS
220 4th Ave. S
Kent, WA 98032-5895
RECIPIENT CONTACT & EMAIL ADDRESS
Gina Hungerford
ghungerford@kentwa.gov
PHSKC DIVISION
EHS
PROJECT TITLE
Local Hazardous Waste Management Program
AGREEMENT START DATE
Jan 01 2017
AGREEMENT END DATE
Dec 31 2018
AGREEMENT MAXIMUM AMOUNT
$73,041.27
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
County NA $73,041.27 Jan 01 2017 TO Dec 31 2018
FUNDING SUMMARY
FEDERAL: $0
COUNTY: $73,041.27
STATE: $0
OTHER: $0
IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT: No
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
EXHIBIT A – Scope of Work
EXHIBIT B – Budget
EXHIBIT C – Invoice
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties mutually agree that the Recipient shall provide se rvices and comply with the requirements set
forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and
have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided
herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements
on the PHSKC website (http://www.kingcounty.gov/health/Agreements), and agrees to comply with all of the Agreeme nt
terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as
applicable.
RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
(This form is available in alternate formats for people with disabilities upon request.)
DocuSign Envelope ID: B4BCC0F8-1272-424B-BC6D-F034E0106D64
Gina Hungerford
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KING COUNTY TERMS AND CONDITIONS
1. Agreement Term and Termination
A. This Agreement shall commence on the Agreement Start Date and shall terminate on the
Agreement End Date as specified on page 1 of this Agreement, unless extended or
terminated earlier, pursuant to the terms and conditions of the Agreement.
B. This Agreement may be terminated by the County or the Recipient without cause, in whole or
in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance
written notice of the termination. The Agreement may be suspended by the County without
cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing
the Recipient thirty (30) days advance written notice of the suspension.
C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7)
days advance written notice in the event: (1) the Recipient materially breaches any duty,
obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, or
services required herein become impossible, illegal, or not feasible. If the Agreement is
terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for
damages, including any additional costs of procurement of similar services from another
source.
If the termination results from acts or omissions of the Recipient, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Recipient shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A., the County may, upon written
notification to the Recipient, terminate or suspend this Agreement in whole or in part.
If the Agreement is terminated or suspended as provided in this Section: (1) the County will be
liable only for payment in accordance with the terms of this Agreement for services rendered
prior to the effective date of termination or suspension; and (2) in the case of termination the
Recipient shall be released from any obligation to provide such further services pursuant to
the Agreement ; and (3) in the case of suspension the Recipient shall be released from any
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services..
Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Agreement. Should such appropriation not be approved, this
Agreement will terminate at the close of the current appropriation year.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by the other party.
2. Compensation and Method of Payment
A. The County shall reimburse the Recipient for satisfactory completion of the services and
requirements specified in this Agreement, payable upon receipt and approval by the County of
a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with
the attached Budget Exhibit.
B. The Recipient shall submit an invoice and all accompanying reports as specified in the
attached exhibits not more than 15 working days after the close of each indicated reporting
period. The County shall make payment to the Recipient not more than 30 days after a
complete and accurate invoice is received.
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C. The Recipient shall submit its final invoice and all outstanding reports within 30 days of the
date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted
by the day specified in this subsection, the County will be relieved of all liability for payment to
the Recipient of the amounts set forth in said invoice or any subsequent invoice.
D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received
from the County under this Agreement in accordance with said budget. The Agreement may
contain separate budgets for separate program components. The Recipient shall request
prior approval from the County for an amendment to this Agreement when the cumulative
amount of transfers among the budget categories is expected to exceed 10% of the
Agreement am ount in any Agreement budget. Supporting documents necessary to explain
fully the nature and purpose of the amendment must accompany each request for an
amendment. Cumulative transfers between budget categories of 10% or less need not be
incorporated by written amendment; however, the County must be informed immediately in
writing of each such change.
E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated
under this Agreement, the County may recapture and reprogram any such under-expenditures
unilaterally and without the need for further amendment of this Agreement. The County may
unilaterally make changes to the funding source without the need for an amendment. The
Recipient shall be notified in writing of any changes in the fund source or the recapturing or
reprograming of under expenditures.
F. If travel costs are contained in the attached budget, reimbursement of Recipient travel,
lodging, and meal expenses are limited to the eligible costs based on the following rate s and
criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal
Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS
mileage rate shall be paid for the operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost. When rental vehicles are authorized, government
rates shall be requested. If the Recipient does not request government rates, the
Recipient shall be personally responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal
travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,
App.A. Please reference http://www.gsa.gov for the current host city per diem rates.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes .
The Recipient shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal Control and Accounting System
The Recipient shall establish and maintain a system of accounting and internal controls which
complies with generally accepted accounting principles promulgated by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Recipient’s form of incorporation.
4. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Recipient, by signature
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to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Recipient also agrees that it will n ot enter
into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The
Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or
proposed for debarment by any Federal department or agency.
5. Maintenance of Records/Evaluations and Inspections
A. The Recipient shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set
forth in Section 13. below, the Recipient shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Agreement; and
2. Rec ords, including written quotes, bids, estimates or proposals submitted to the
Recipient by all businesses seeking to participate on this Agreement, and any other
information necessary to document the actual use of and payments to sub-awardees
and suppliers in this Agreement, including employment records.
The County may visit the site of the work and the Recipient’s office to review the foregoing
records. The Recipient shall provide every assistance requested by the County during such
visits and make the foregoing records available to the County for inspection and copying
upon request. The Recipient shall provide right of access to its facilities —including those of
any sub-awardee assigned any portion of this Agreement pursuant to Section 12—to the
County, the state, and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the services provided under this Agreement. The County will give
advance notice to the Recipient in the case of fiscal audits to be conducted by the Cou nty.
The Recipient shall comply with all record keeping requirements set forth in any federal rules,
regulations or statutes included or referenced in the Agreement documents. The Recipient
shall inform the County in writing of the location, if different f rom the Recipient address listed
on page one of this Agreement, of the aforesaid books, records, documents, and other
evidence and shall notify the County in writing of any changes in location within ten (10)
working days of any such relocation.
C. The records listed in A and B above shall be maintained for a period of six (6) years after
termination of this Agreement. The records and documents with respect to all matters covered
by this Agreement shall be subject at all time to inspection, review, or audit by the County
and/or federal/state officials so authorized by law during the performance of this Agreement
and six (6) years after termination hereof, unless a longer retention period is required by law.
D. Medical records shall be maintained and preserved by t he Recipient in accordance with state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Recipient ceases operations under this
Agreement, the Recipient shall be responsible for the disposition and maintenance of such
medical records.
E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the
Recipient’s performance under this Agreement and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
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F. The Recipient agrees that all information, records, and data collected in connection with this
Agreement s hall be protected from unauthorized disclosure in accordance with applicable
state and federal law.
6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Recipient shall not use protected health information created or shared under this Agreement in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliance with all HIPAA requirements at
http://www.kingcounty.gov/healthservic es/health/partnerships/contracts
7. Audits
A. If the Recipient, for-profit or non-profit, receives in excess of ,000 in funds during its fiscal year
from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close
of the Recipient’s fiscal year.
B. Additional audit or review requirements which may be imposed on the County will be passed
on to the Recipient and the Recipient will be required to comply with any such requirements.
8. Corrective Action
If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed
to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Recipient in writing of the nature of the breach;
The Recipient shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bri nging
the Agreement into compliance, which date shall not be more than ten (10) days from the date
of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective ac tions;
B. The County will notify the Recipient in writing of the County’s determination as to the
sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the
Recipient’s corrective action plan shall be at the sole discretion of the County;
C. In the event that the Recipient does not respond within the appropriate time with a corrective
action plan, or the Recipient’s corrective action plan is determined by the County to be
insufficient, the County may commence termination or sus pension of this Agreement in whole
or in part pursuant to Section 1.C.;
D. In addition, the County may withhold any payment owed the Recipient or prohibit the
Recipient from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Agreement. Both parties will make a good faith effort to continue without
delay to carry out their respective responsibilities under this Agreement while attempting to resolve
the dispute under this section.
10. Hold Harmless and Indemnification
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A. In providing services under this Agreement, the Recipient is an independent contractor, and
neither it nor its officers, agents, or employees are employees of the County for any purpose.
The Recipient shall be responsible for all federal and/or state tax, industrial insurance, and
Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to
a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits,
or taxes, by, or on behalf of the Recipient, its employees, and/or others by reason of this
Agreement. The Recipient shall protect, indemnify, defend and save harmless the County, its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Recipient ’s failure to pay any s uch
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work,
services, materials, or supplies by Recipient employees or other suppliers in connection with
or support of the performance of this Agreement.
B. The Recipient further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Agreement by the
Recipient, its officers, employees, agents, and/or representatives. This duty to repay the
County shall not be diminished or extinguished by the prior termination of the Agreement
pursuant to the Term and Termination section.
C. The Recipient shall protect, defend, indemnify, and save harmless the County, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of damages,
arising out of, or in any way resulting from, the negligent acts or omissions of the Recipient, its
officers, employees, sub-awardees and/or agents, in its performance and/or non-performance
of its obligations under this Agreement. The Recipient agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action br ought by, or on behalf
of, any of its employees or agents. For this purpose, the Recipient, by mutual negotiation,
hereby waives, as respects the County only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event
the County incurs any judgment, award, and/or cost arising therefrom including attorneys ’
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Recipient.
D. The County shall protect, defend, indemnify, and save harmless the Recipient, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of damages,
arising out of, or in any way resulting from, the sole negligent acts or omissions of the County,
its officers, employees, and/or agents, in its performance and/or non-performance of its
obligations under this Agreement. The County agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf
of, any of its employees or agents. For this purpose, the County, by mutual negotiation,
hereby waives, as respects the Recipient only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the
event the Recipient incurs any judgment, award, and/or cost arising therefrom including
attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Agreement.
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G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
11. Insurance Requirements
By the date of execution of this Agreement, the Recipient shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with, the performance of work hereunder by the Recipient,
its agents, representatives, employees, and/or sub-awardees. The costs of suc h insurance shall be
paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance
and policy endorsements for each sub-awardee as evidence of compliance with the insurance
requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Recipient, its agents, employees, officers, sub -
awardee, providers, and/or provider sub-awardees to comply with the insurance requirements
stated herein shall constitute a material breach of this Agreement. Specific coverages and
requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts;
Recipients shall read and provide required insurance documentation prior to the s igning of this
Agreement.
12. Assignment/Sub-agreements
A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or
assign any claim arising pursuant to this Agreement without the written consent of the County.
Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to
the date of any proposed assignment.
B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or
between sub-awardees that is based on this Agreement, provided that the term “sub-
awardee” does not include the purchase of (1) support services not related to the subject
matter of this Agreement, or (2) supplies.
C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 25, and the Funder’s Special Terms and Conditions, if attached, in every sub-
agreement or purchase agreement for services that relate to the subject matter of this
Agreement.
D. The Recipient agrees to include the following language verbatim in every sub-agreement for
services which relate to the subject matter of this Agreement:
“Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of sub -awardee, its
officers, employees, and/or agents in connection with or in support of this Agreement. Sub -
awardee expressly agrees and understands that King County is a third party beneficiary to this
Agreement and shall have the right to bring an action against sub -awardee to enforce the
provisions of this paragraph.”
13. Nondiscrimination; Equal Employment Opportunity; Payment of a Living Wage
The Recipient shall comply with all applicable federal, state and local laws regarding discrimination,
including those set forth in this Section.
A. During performance of the Agreement, the Recipient agrees that it will not discriminate against
any employee or applicant for employment because of the employee or applicant's sex, race,
color, marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless ba sed
upon a bona fide occupational qualification. The Recipient will make equal employment
opportunity efforts to ensure that applicants and employees are treated, without regard to their
sex, race, color, marital status, national origin, religious affiliat ion, disability, sexual orientation,
gender identity or expression or age. Additional requirements are at
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http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read
and certify compliance.
B. Requirements of King County Living Wage Ordinance
In accordance with King County Ordinance 17909, as a condition of award for agreements
beginning on or after April 1, 2015, for services with an initial or amended value of ,000 or
more, the Recipient agrees that it shall pay and require all sub-awardees and subcontractors
to pay a living wage as described in the ordinance to employees for each hour the employee
performs a Measurable Amount of Work on this Agreement. The requirements of the
ordinance, including payment schedules, are detailed at
http://www.kingcounty.gov/operations/procurement/Resources/ordinance-17909.aspx.
Violations of this requirement may result in disqualification of the Recipient from bidding on or
being awarded a County agreement or contract for up to two years ; contractual remedies
including, but not limited to, liquidated damages and/or termination of the Agreement;
remedial action as set forth in public rule; and other civil remedies and sanctions allowed by
law. For purposes of this Section, a “Measurable Am ount of Work” is defined as a definitive
allocation of an employee’s time that can be attributed to work performed under this
Agreement, but that is not less than a total of one hour in any one week period.
14. Conflict of Interest
A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply
with such requirements shall be a material breach of this Agreement, and may result in
termination of this Agreement pursuant to Section II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any
county official or employee. The Recipient acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current Agreements wit h the county will be cancelled
and it shall not be able to bid on any county Agreement for a period of two years.
C. The Recipient acknowledges that for one year after leaving County employment, a former
County employee may not have a financial or beneficial interest in an agreement or grant that
was planned, authorized, or funded by a County action in which the former County employee
participated during County employment. Recipient shall identify at the time of offer current or
former County employees involved in the preparation of proposals or the anticipated
performance of Work if awarded the Agreement. Failure to identify current or former County
employees involved in this transaction may result in the County’s denying or terminating this
Agreement. After Agreement award, the Recipient is responsible for notifying the County’s
Project Manager of current or former County employees who may become involved in the
Agreement any time during the term of the Agreement.
15. Equipment Purchase, Maintenance, and Ownership
A. The Recipient agrees that any equipment purchased, in whole or in part, with Agreement
funds at a cost of ,000 per item or more, when the purchase of such equipment is
reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the
County and/or federal/state government. The Recipient shall be responsible for all such
property, including the proper care and maintenance of the equipment.
B. The Recipient shall ensure that all such equipment will be returned to the County or
federal/state government upon termination of this Agreement unless otherwise agreed upon
by the parties.
16. Proprietary Rights
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The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material
or article should result from the w ork described herein, all rights accruing from such material or
article shall be the sole property of the County. The County agrees to and does hereby grant to the
Recipient, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material
or article and use any method that may be developed as part of the work under this Agreement.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient which are modified for use in the
performance of this Agreement.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient that are not modified for use in the
performance of this Agreement.
17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further t he election or defeat of any
candidate for public office.
18. King County Recycled Product Procurement Policy
In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides
of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper
copies are required.
19. Future Support
The County makes no commitment to support the services awarded for herein and assumes no
obligation for future support of the activity awarded herein except as expressly set forth in this
Agreement.
20. Entire Agreement/Waiver of Default
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
21. Amendments
Either party may request changes to this Agreement. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Agreement. Changes to the
County’s Agreement numbering system or fund source may be made unilaterally b y the County and
without the need for amendment of this Agreement. The Recipient shall be notified in writing of any
changes in the Agreement number or fund source assigned by the County; provided, however, that
the total compensation allocated by the County through this Agreement does not change.
22. Notices
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive office of the Recipient and the project
representative of the County department specified on page one of this Agreement. Any time within
which a party must take some action shall be computed from the date that the notice is received by
said party.
23. Services Provided in Accordance with Law and Rule and Regula tion
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The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted und er this Agreement, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Agreement, the language in the Agreement shall have control over the lan guage
contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Applicable Law
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
25. Electronic Processing and Signatures
The parties agree that this Agreement may be processed and signed electronically, which if done
so, will be subject to additional terms and conditions found at
https://www.docusign.com/company/terms -of-use.
The parties acknowledge that they have consulted with their respective attorneys and have had the
opportunity to review this Agreement. Therefore, the parties expressly agree that this Agreement
shall be given full force and effect according to each and all of its express terms and provisions and
the rule of construction that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement.
The parties executing this Agreement electronically have authority to sign and bind its represented
party to this Agreement.
26. No Third Party Beneficiaries
Except for the parties to whom this Agreement is assigned in compliance with the terms of this
Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not
impart any rights enforceable by any person or entity that is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
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City of Kent 1
EXHIBIT A
SCOPE OF WORK
CITY OF KENT
1/1/2017-12/31/2018
Background
The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997
and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the Seattle
Public Utilities, the King County Water and Land Resources Division and the Seattle -King County
Department of Public Health) and the cities located in King County. The Washington State Department
of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an
active and valued partner in the regional Local Hazardous Waste Management Program (hereafter
referred to as the “Program”).
The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City
activities performed under the auspices of the Plan and as approved by the Program’s Management
Coordination Committee (hereinafter referred to as the “MCC”). This Agreement further defines the
responsibilities of the City and the Seattle-King County Department of Public Health with respect to the
transfer of Program monies.
Scope of Work
The City of Kent will organize six citywide household hazardous waste collection and recycling events.
At these events the following materials will be collected and recycled: batteries, CFCs and other
materials if determined to be cost effective.
Responsibilities of the Parties
The City
1. The City shall develop and submit project proposals and budget requests to the Program’s
Contract Administrator. Funds provided to the City by the Program pursuant to this Contract
shall be used to implement hazardous waste programs and/or services as approved by the
MCC .
2. The City shall submit timely reimbursement requests as negotiated with the Contract
Administrator. For reimbursement, the City shall submit the following to the Contract
Administrator:
a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator
for approval and payment.
b) A brief description of activity accomplished and funds expended in accordance with
the scope of work.
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City of Kent 2
c) Copies of invoices for expenditures or a financial statement prepared by the City’s
finance department. The financial statement should include vendor names, a
description of services provided, date paid and a check or warrant number.
3. The City shall notify the Contract Administrator no later than December 15th regarding the amount
of outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting
requirements with respect to the collection and transfer of moderate risk wastes. The City shall
report to the Contract Administrator the quantity, by type, of moderate risk waste collected using
Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non-
Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste
collected through Program-funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities
associated with the City’s events or in any other way associated with activities conducted within the
scope of this Contract. In the event of a spill or other emergency, the City is responsible for
complying with all applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced – in part or in
whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of
this provision is to further strengthen this regional partnership in the public’s mind.
7. The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The City
also agrees to allow the Program to reproduce media materials created with Program money
provided that the Program credits the City as the originator of that material.
8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S,
Kent at (253) 856-5549, (ghungerford@kentwa.gov) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled
by the Contract Administrator should be referred to the LHWMP Program Director for resolution.
Seattle -King County Department of Public Health
1. The Seattle-King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management events and
activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City, the
Contract Administrator shall either notify the City of any exceptions to the request which have
been identified or shall process the request for payment. If any exceptions to the request are
made, this shall be done by written notification to the City providing the reason for such
exception. The Contract Administrator will not authorize payment for activities and/or
expenditures that are not included in the scope of work, unless the scope has been amended.
The Contract Administrator retains the right to withhold all or partial payment if the City’s
invoices are incomplete (e.g. they do not include prope r documentation of expenditures for
DocuSign Envelope ID: B4BCC0F8-1272-424B-BC6D-F034E0106D64
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City of Kent 3
which reimbursement is being requested) or are not consistent with the submitted scope of
work.
Program Contacts
Lynda Ransley Paul Shallow
LHWMP Program Director LHWMP Contract Administrator
150 Nickerson Street, Suite 204 401 Fifth Ave., Suite 1100
Seattle WA 98109 Seattle WA 98104
206-263-8241 206-263-8487
lynda.ransley@kingcounty.gov paul.shallow@kingcounty.gov
DocuSign Envelope ID: B4BCC0F8-1272-424B-BC6D-F034E0106D64
65
City of Kent
EXHIBIT B
2017 -2018 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Kent
220 Fourth Ave. S
Kent, WA 98032
Component Description 2017 -2018 Budget Total
Household Hazardous
Waste Education
Household Hazardous
Waste Collection
$73,041.27 $73,041.27
TOTAL $73,041.27 $73,041.27
Footnote: The 2017-2018 budget can be partly or totally spend in either 2017 and/or 2018 but
cannot exceed the budget total in these two years.
DocuSign Envelope ID: B4BCC0F8-1272-424B-BC6D-F034E0106D64
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ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
Purchase Order #
Supplier Name City of Kent
Contract Number: 1280 Supplier #1585
Exhibit: C Supplier Pay Site City of Kent
Remit to Address
Invoice Date
Invoice #
Amount to be Paid
Note to AP
Payment Type
Print on Remittance
PH Program name & phone
Start End
Date Date
1/1/17 12/31/18
MM/DD/YY
Project DPH Acct CPA
Subrecipient Signed Date PH Authorization / Approval Date
Print Name
Entered FM Review Official Copy Rcvd
Date
Initial
Attach sheet for multiple POETAs
Expenditure Item
$73,041.27 $73,041.27
CM/PM ReviewReceived
For Public Health Use Only
INVOICE
City of Kent
220 Fourth Avenue South
Kent WA 98032
Invoice Processing Contact: Gina Hungerford
(253) 856-5549
ghungerford@kentwa.gov
Paul Shallow
Local Hazardous Waste Management Program
Task
Current
401 5th Ave., Suite 1100
Seattle, WA 98104
Invoice for services rendered under this
contract for the period of:
Organization Amount
Paul Shallow (206) 263-8487
Submit signed hardcopy invoice to:
Expend Acct Award CFDA
King County Accounts Payable Information
(Circle One) CHECK or ACH
Public Health - Seattle & King County
Contract Period of Performance: 1/1/17-12/31/18
I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that
any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve
as supporting documentation to this reimbursement request.
Total
2017-18 Budget Previously Billed Cumulative Balance
$73,041.27$73,041.27HHW Collection
HHW Education
DocuSign Envelope ID: B4BCC0F8-1272-424B-BC6D-F034E0106D64
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Matt Knox, P.W.S., Environmental Supervisor
THROUGH: Chad Bieren P.E., Deputy Director / City Engineer
ITEM 8: King County Solid Waste Division/Waste Reduction and
Recycling Grant (WRR) - Recommend
Summary: The King County Waste Reduction and Recycling grant is used to fund
three Special Recycling and Collection Events for residents for the collection of hard-
to-recycle materials, including appliances, electronic equipment, mattresses,
Styrofoam, bulky yard debris, concrete, and tires.
The grant also funds activities and events associated with the Business Recycling
Program, the Multi-Family Recycling Program, and the purchase, distribution and
promotion of products made from recycled materials, including Recycling Bags.
Exhibit: Waste Reduction and Recycling Grant
Budget Impact: The City will receive $177,044 for 2017/18. No match is required.
Motion: Move to recommend Council authorize the Mayor to accept the
Waste Reduction and Recycling Grant in the amount for $177,044 for
2017/18, establish a budget and authorize expenditure of the grant funds
accordingly, and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Matt Knox, P.W.S., Environmental Supervisor
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 9: King County Conservation Futures Interlocal Agreement
Amendment - Anderson Property - Recommend
Summary: The City recently purchased the 4.09 acre Anderson Property near Soos
Creek on the east boundary of Kent after receiving authorization from Council. The
property contains critical areas including steep slopes and a forested, high quality
wetland adjacent to Gary Grant Soos Creek Park and Trail. The property is bounded
to the north and northeast by properties owned by King County, the City of Kent and
Cascade (Soos Creek) Water and Sewer. These parcels contain high quality wetlands
and the Anderson Property is connected to a stream restoration project completed
by the City and Corps of Engineers in 2006.
The City received a King County Conservation Futures grant to purchase this
property in 2011. The property was appraised for $67,500 but purchased for
$36,500 with the sellers graciously donating the remainder of the appraised value.
Exhibit: King County Conservations Futures Interlocal Agreement Amendment
Budget Impact: Signing this agreement amendment will allow the city to be
reimbursed for property acquisition costs.
Motion: Move to recommend Council authorize the Mayor to sign the
Interlocal Agreement Amendment with King County Conservation Futures
to reimburse the City up to $43,000 for purchase of the 4.09 acre
Anderson Property, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
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Amendment P
CFT Interlocal Amendment Kent - King County
Clark Lake Project
1
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban
cities. This amendment is entered into to provide for the allocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and
amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement
entered into between the parties on the 29th day of January, 1991.
The parties agree to the following amendments:
Amendment 1: Article I. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
(CFT) Fund allocation for the Anderson Property acquisition Project, and hereafter reads:
On November 15, 2010, the King County Council passed Ordinance 16984, which
allocated Fifty-Two Thousand Dollars ($52,000) in CFT proceeds to the City of Kent’s
Anderson Property acquisition Project. On June 27, 2011 the King County Council
passed Ordinance 17125, authorizing the King County Executive to enter into interlocal
agreements with the City for the disbursement of CFT proceeds as provided in Ordinance
16984.
On September 14, 2015, the King County Council passed Ordinance 18110, which
removed Nine Thousand Dollars ($9,000) in CFT proceeds from the City of Kent’s
Anderson Property acquisition. On November 9, 2015 the King County Council passed
Ordinance 18151, authorizing the King County Executive to enter into interlocal
agreements with the City for the disbursement of CFT proceeds as provided in Ordinance
18110.
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Amendment P
CFT Interlocal Amendment Kent - King County
Clark Lake Project
2
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include reference to Attachment P, which lists a 2011 Conservation
Futures Levy funding allocation to, and a 2015 re-allocation from, the City of Kent Anderson
Property acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment P, which
lists a Conservation Futures Levy funding allocation lists a 2011 Conservation Futures Levy
funding allocation to, and a 2015 re-allocation from, the City of Kent Anderson Property
acquisition Project as follows:
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments A through P to be used
for the Projects listed in Attachments A through P. The City may request
additional funds; however, the County has no obligation to provide funds to the
City for the Projects in excess of the total amounts shown in Attachments A
through P. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
Amendment 4: Attachment P
The attachments to the interlocal agreement are hereby amended by adding Attachment P, which
is hereby attached to the interlocal agreement, incorporated therein and made a part thereof.
In all other respects, the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
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Amendment P
CFT Interlocal Amendment Kent - King County
Clark Lake Project
3
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF KENT
____________________________ ________________________
Dow Constantine Suzette Cooke
King County Executive Mayor
Date: _________________ Date________________
Acting under the authority of Acting under the authority of
Ordinances 17125 and 18151 Ordinance:
Approved as to form: Approved as to form:
____________________________ ________________________
Dan Satterberg
King County Prosecuting Attorney City Attorney
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Amendment P
CFT Interlocal Amendment Kent - King County
Clark Lake Project
4
ATTACHMENT P
2011 and 2015 CONSERVATION FUTURES LEVY
CITY OF KENT FUNDING
for the ANDERSON PROPERTY PROJECT
Jurisdiction Project Allocation
Kent
(2011: Ordinance 16984)
Anderson Property
$52,000
Kent
(2015: Ordinance 18110)
Anderson Property
($ 9,000)
TOTAL $ 43,000
Project Description:
(Ordinance 17125):
315804 – Kent Anderson Property
The goal of this project is to acquire a 4 acre property adjacent to Soos Creek Park. The property
will provide additional protection to Soos Creek Park and improve access to the Soos Creek
regional trail. It is located on SE 256th Street in Kent.
(Ordinance 18151):
2015: $9,000 is reallocated from the Anderson Property CFT project to the Green River
Parcels/Holiday Kennel project, to help meet a shortfall for a previously partially funded project.
City of KENT– Anderson Property acquisition: $ 43,000
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Joseph S. Araucto, P.E. – Pavement Manager Engineer
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 10: Consultant Services Agreement with Shearer Design, LLC -
Recommend
SUMMARY: The Federal Highway Administration (FHWA) required agencies who
own bridges listed in the National Bridge Inventory (NBI) to have structural analysis
of the bridges performed for specialized hauling vehicles. Specialized hauling
vehicles are commercial vehicles with closely spaced multi-axles including dump
trucks, cranes, solid waste trucks, specialized hauling trucks and other multi-axle
vehicles that were introduced by the trucking industry during the last decade.
The City of Kent maintains 18 vehicle carrying bridges that are contained in the NBI.
Of the 18 bridges, one bridge, Col Joe M Jackson bridge, has already been rated
using the new requirements and is already compliant, Frager Road north bridge was
de-listed from the NBI, leaving 16 bridges needing to comply.
The compliance schedule provided by the FHWA allows the City to group its bridges
into 2 groups based on bridge span length and previous rating information. Group 1
bridges are required to be analyzed by December 31, 2017 for compliance (5 City of
Kent bridges), and Group 2 by December 31, 2022 (11 City of Kent bridges).
This Agreement with Shearer Design, LLC will provide the specialized structural
engineering expertise to perform the bridge rating for the following Group 1 bridges:
Mill Creek Slab bridge, Mill Creek Arch bridge, Meeker Street bridge, Central Ave
bridge (co-owned with King County), and South Frager Road bridges.
EXHIBIT: Consultant Contract
BUDGET IMPACT: Funding is from 2016 Business & Occupation tax revenue.
Motion: Authorize the Mayor to sign a Consultant Services Agreement
with Shearer Design, LLC, in the amount of $48,387.60 for the purpose of
performing structural analysis on five city owned bridges, upon
concurrence of the language therein by the City Attorney and Public
Works Director.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shearer Design LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington,
located and doing business at 3613 Phinney Ave. N. #B, Seattle, WA 98103, Phone: (206) 781-7830,
Contact: David Shearer (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide load rating analysis and reports for five bridge in the City of
Kent. For a description, see the Consultant's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by August 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Forty Eight Thousand, Three Hundred Eighty Seven Dollars and sixty cents ($48,387.60),
for the services described in this Agreement. This is the maximum amount to be paid under
this Agreement for the work described in Section I above, and shall not be exceeded without
the prior written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate charged
by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a
period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant 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. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant 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 Consultant 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 Consultant 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.
/ /
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
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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. 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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
David Shearer
Shearer Design LLC
3613 Phinney Ave. N. #B
Seattle, WA 98103
(206) 781-7830 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Shearer - Bridge Load Rating/Araucto
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: January 9, 2017
TO: Public Works Committee Members
FROM: Drew Holcomb, Design Engineer
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 11: Transportation Improvement Board (TIB) 132nd Avenue SE Grant -
Recommend
SUMMARY: The Public Works Department competed for and was successful in receiving a
$473,784 grant from the Washington State Transportation Improvement Board for the
City’s 132nd Ave Sidewalk Improvement Project from 248th St to Kent Kangley Rd. This
grant will help finance the 2017 construction of a pedestrian walkway between SE 248th
Street and Kent Kangley Road. This project intends to maximize available funding to
install sidewalks or paved paths to provide the biggest benefit to the community.
The Transportation Master Plan identifies multiple projects that would widen 132nd Ave SE
to 5 lanes within this project area including curb, gutter, sidewalks and bicycle lanes on
both sides at an estimated cost of nearly $50 Million. Funding for the project as outlined
in the TMP has not been identified and is unlikely for the foreseeable future. Private
developments have constructed curb gutter and sidewalks in some locations; most
notably between Kent Kangley Road and SE 240th St. Future phase(s) of the project will
complete the walkway from 240th Street to 248th Street and from Kent Kangley to the
southern City limits at SE 282nd Street.
EXHIBIT: State of Washington Transportation Improvement Board Agreement for 132nd
Avenue SE, 248th Street to S 272nd St
BUDGET IMPACT: The budget impact for this grant is an increase of $473,784 in the
funding for the 132nd Ave Sidewalk Improvements Capital Project from $1,183,400 to
$1,657,184, allowing for completion of the project between SE 248th Street and Kent-
Kangley Road.
Motion: Move to recommend Council authorize the Mayor to sign the
Washington State Transportation Improvement Board Fuel Tax Grant
Distribution Agreement and Project Funding Status Form for the 132nd
Ave Sidewalk Improvements Project subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: January 9 2017
TO: Public Works Committee Members
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 12: Information Only/Railroad Issues and Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
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