HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 11/07/2022 (2) Public Works Committee
• Monday, November 7, 2022
KEN T 4:00 PM
WASHINGTON
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 861 0481 1444, Passcode: 837908
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of October 3, 2022 YES Chair 01 MIN.
Minutes
B. 2023 Water Treatment YES Sean Bauer 05 MIN.
Chemical Supply Goods &
Services Agreement with
Northstar Chemical, Inc -
Authorize
C. King County Flood Control YES Rowena Valencia-Gica 10 MIN.
District - Cooperative Margaret Wagner
Watershed Management
Grant - Authorize
D. Compost Procurement YES Tony Donati 10 MIN.
Ordinance - Adopt
E. 2022 Asphalt Overlays YES Chad Bieren 05 MIN.
Traffic Calming Change
Order - Authorize
F. INFORMATION ONLY: Sub- NO Melissa Dahl 05 MIN.
Regional Opportunity Fund
Public Works Committee CC PW Regular Meeting November 7, 2022
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of
each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032.
For additional information, contact Nancy Yoshitake at 253-856-5508 or email
Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Pending Approval
Public Works Committee
KENT CC PW Regular Meeting
W—...... Minutes
October 3, 2022
Date: October 3, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
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Agenda:
1. Call to Order 4:00 p.m. —
2. Roll Call o
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Attendee Name Title Status Arrived g
Brenda Fincher � Committee Chair Present
Satwinder Kaur Councilmember Present o
Marli Larimer Councilmember Present
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3. Agenda Approval N
There were no changes to the agenda. r
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4. Business o
A. Approval of Minutes 3
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Approval of Minutes dated September 19, 2022
The minutes of the September 19, 2022 Public Works Committee meeting
were approved without changes.
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MOTION: Move to approve the Minutes dated September 19, 2022
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RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
B. Amendment to Contract with Compulink Management Center, Inc. -
Authorize
Deputy Director of IT, Tara Duckworth noted that on May 16, 2017, Council
authorized a contract with Compulink Management Center, Inc.
("Compulink") as part of the City's effort to implement a new document
imaging program citywide-Laserfiche. The original contract covered the City's
acquisition of the Laserfiche program and the first two years of the software
license renewal. The software license renewals for years three, four, and five
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Page I of 4 Packet Pg. 3
Public Works Committee CC PW Regular Meeting October 3, 2022
Minutes Kent, Washington
were covered under the Mayor's change order authority. In order to renew
the Laserfiche license renewal for year six, additional Council approval is
required.
The IT Department has worked with the Law Department to create a contract
amendment with Compulink that, if approved by Council, would: (i) provide
that the term of the City's contract with Compulink will run concurrently with
the term of DES's contract with Compulink, (ii) allow for additional purchases
during that extended contract term so long as those purchases can be made
within budgets previously established and approved by Council, and (iii)
ratifies all actions consistent with the authority of the contract amendment
and prior to its effective date.
MOTION: I move to authorize the Mayor to sign a contract amendment with o
Compulink Management Center, Inc. to extend the contract term to run
concurrently with the state's contract, to authorize future purchases within Q
budgets previously established by Council, and to ratify all prior acts Q
consistent with this motion and the contract amendment.
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM c
MOVER: Satwinder Kaur, Councilmember I
SECONDER: Marli Larimer, Councilmember c
AYES: Fincher, Kaur, Larimer N
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C. Highway Safety Improvement Grant for Canyon Drive and Weiland o
Street Access Control - Authorize o
Traffic Engineer, Erik Preston noted that in March 2022, the City of Kent w
applied for funding from the Washington State Department of Transportation
(WSDOT) Highway Safety Improvement Program. WSDOT evaluates projects
submitted by agencies from across the state and selects projects they feel
have the best safety benefit. The projects are selected from the City's 2022
Local Road Safety Plan. The City's project at the intersection of Canyon Dr
(SR 516) and Weiland Street was selected for funding. a
This project will construct median curb to physically restrict left turns out of
Weiland Street onto Canyon Drive, but still allow left-turns into Weiland
Street from Canyon Drive. This is an existing restriction that is currently
established through signing. The total project cost is estimated at $111,000.
The amount awarded by the WSDOT is $111,000, with no City match
required if all phases are obligated by April 30, 2026.
MOTION: I move to authorize the Mayor to take all action necessary
and sign all documents to accept grant funding from the WSDOT
Highway Safety Improvement Program to design and construct
safety improvements at the intersection of Canyon Drive (SR 516)
and Weiland Street
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Page 2 of 4 Packet Pg. 4
Public Works Committee CC PW Regular Meeting October 3, 2022
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/18/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
D. Highway Safety Improvement Grant for 104th Avenue SE Pedestrian
Safety Improvements - Authorize
Transportation Engineer, Erik Preston noted that in March 2022, the City of
Kent applied for funding from the Washington State Department of y
Transportation (WSDOT) Highway Safety Improvement Program. WSDOT r
evaluates projects submitted by agencies from across the state and selects
projects they feel have the best safety benefit. The projects are selected 4-
from the City's 2022 Local Road Safety Plan. The City's project for
pedestrian safety improvements at two locations on 104 Avenue SE (SR 515)
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was selected for funding. a
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This project will construct two mid block pedestrian crossings with a
rectangular rapid-flashing beacons (RRFB) on 104 Avenue SE (SR 515); one o
in the 23800 block and another south of SE 244 Street. The total project cost I
is estimated at $807,000. The amount awarded by the WSDOT is $807,000, N
with no City match required if all phases are obligated by April 30, 2026. N
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MOTION: I move to authorize the Mayor to take all action necessary o
and sign all documents to accept grant funding from the WSDOT
Highway Safety Improvement Program to design and construct ch
pedestrian safety improvements on 104 Avenue SE (SR 515). 3
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RESULT: MOTION PASSES [UNANIMOUS] Next: 10/18/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
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SECONDER: Marli Larimer, Councilmember a
AYES: Fincher, Kaur, Larimer
E. S 224th Street Projects Wetland Mitigation and Remediation - N
Authorize
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Public Works Director, Chad Bieren noted that constructing the first two
phases of the S 224th St project (84th Ave S to 941h Ave S) included wetland
and wetland buffer impacts. A wetland mitigation site was found in Kent that
could meet permitting requirements for filling wetlands. The site, owned by
Hytek Finishes (Hytek), is located at the west end of S. 216th Street, just
west of East Valley Highway.
During the acquisition process, contamination was discovered and slowed
down the City's ability to purchase the property. The City alleged that
cadmium used in Hytek's industrial processes had been released to the site
through its stormwater system. After considering other options, most notably
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Page 3 of 4 Packet Pg. 5
Public Works Committee CC PW Regular Meeting October 3, 2022
Minutes Kent, Washington
the King County In-Lieu Fee Mitigation Program, it was determined that
remediation of the Hytek site, with wetland mitigation was the best course of
action.
Bieren went on to note that the City purchased the site and advertised the S
224t" St Projects - Wetland Mitigation and Remediation project in July 2021.
While the major extents of contamination had been determined during
property negotiations, exact depths and the precise perimeter were only
determined with confirmation sampling during the excavation of
contaminated material. The costs associated with removal of contaminated
material and associated replacement materials required contract change
orders that exceed the Mayor's authority.
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Therefore, staff request that Council ratify the necessary expenses to
complete the work. The awarded contract was $573,800 and payment to 0
date is $991,351.66. This is $417,551.66 over the original award. Staff a
anticipates that an additional $50,000 will be needed to close out the project. g
While it would have been better to have this additional work determined prior o
to bidding, the sampling and testing required would have been expensive and
would not have significantly changed the overall cost of the project. Once N
completed, the Hytek site will be free of contamination and providing N
compensatory wetland habitat and functions. M
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MOTION: I move to authorize payment of additional costs in excess o
of the Mayor's authority for the contract with OMA Construction, Inc., ch
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to complete the S 224t" St Projects - Wetland Mitigation and a
Remediation, and ratify past actions consistent with this motion,
subject to final terms and conditions acceptable to the Public Works 2
Director and City Attorney.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 10/18/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember Q
AYES: Fincher, Kaur, Larimer
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S. Adjournment 4:30 p.m.
Che4lyLv4etlV
Committee Secretary
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Page 4 of 4 Packet Pg. 6
4.B
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: November 7, 2022
TO: Public Works Committee
SUBJECT: 2023 Water Treatment Chemical Supply Goods & Services
Agreement with Northstar Chemical, Inc - Authorize
MOTION: I move to authorize the Mayor to sign the 2023 Water Treatment
Chemical Supply Agreement with Northstar Chemical, Inc. for water
treatment supply chemicals, in an amount not to exceed $217,520, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The City advertises for water treatment supply chemicals annually.
This ensures that the water utility is paying a consistent price throughout the year.
The purpose of water treatment is to meet state and federal regulations.
Sodium hydroxide is used in the water system as a pH adjustment for corrosion
control and sodium hypochlorite is used to disinfect the water supply and protect it
from bacterial contamination.
BUDGET IMPACT: There are no unbudgeted impacts as this is an annual expense
planned for in the Water Utility operating budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Northstar Chemical, Inc. Agreement (PDF)
Packet Pg. 7
4.B.a
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GOODS & SERVICES AGREEMENT
between the City of Kent and
Northstar Chemical, Inc.
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Northstar Chemical, Inc. organized under the laws of the State of Washington,
located and doing business at 14200 SW Tualatin-Sherwood Road, Sherwood, OR 97140, Phone: (503) a
625-3770, Contact: Matt Werger (hereinafter the "Vendor").
AGREEMENT ci
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I. DESCRIPTION OF WORK.
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The Vendor shall provide the following goods and materials and/or perform the following services for E
the City:
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The Vendor shall supply the City of Kent Water Department with water treatment chemicals
(bid items 7, 10, 11, 12, and 13) according to the bid proposal submitted October 19, 2022,
which is attached as Exhibit A and incorporated by this reference. N
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and a
services through other sources. ci
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2023. E
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Two Hundred U
Seventeen Thousand, Five Hundred Twenty Dollars ($217,520), including applicable Washington State Sales
Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor z
the following amounts according to the following schedule: o
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Compensation of up to $217,520 is based on an estimate of annual need. Actual need may E
vary as follows:
Item #7: Zero to 10,000 Gallons r
Item #10: Zero to 96,000 Gallons Q
Item #11: Zero to 12,000 Gallons
Item #12: Zero to 1,000 Gallons
Item #13: Zero to 8,000 Gallons
Therefore, actual compensation will be between $0 and $217,520 and be based on the exact
quantity of chemicals ordered by the City.
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 8
4.B.a
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
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A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the L
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is Q
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for a
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, in
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement n
price specified above. The City further reserves its right to deduct these additional costs .2
incurred to complete this Agreement with other sources, from any and all amounts due or to E
become due the Vendor. v
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
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IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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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 N
accordance with Ch. 51.08 RCW, the parties make the following representations: N
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A. The Vendor has the ability to control and direct the performance and details of its M
work, the City being interested only in the results obtained under this Agreement.
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B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a business a
deduction for federal income tax purposes that existed before the City retained the c
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this MU
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
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E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's a
business, and has obtained a Unified Business Identifier (UBI) number from the State E
of Washington. U
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its Q
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.
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 9
4.B.a
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the E
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for L
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must Q
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below. Q-
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The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the .2
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract aEi
time and for direct, indirect and consequential costs, including costs of delays related to any work, either j
covered or affected by the change.
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VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, T
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or L
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing N
state or national declarations of emergency, or any current social distancing restrictions or personal N
protective equipment requirements that may be required under federal, state, or local law in response to rn
the current pandemic.
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and a
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City m2
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any E
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. v
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance Z
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the E
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under um
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Q
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 10
4.B.a
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN c
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY E
THAT DELAY.
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A. Notice of Claim. Provide a signed written notice of claim that provides the following
information: �-
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1. The date of the Vendor's claim; n
2. The nature and circumstances that caused the claim; 2
3. The provisions in this Agreement that support the claim; E
4. The estimated dollar cost, if any, of the claimed work and how that estimate v
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
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B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result L
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the N
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest. M
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor a
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this E
section, the Vendor completely waives any claims for protested work and accepts from the v
City any written or oral order (including directions, instructions, interpretations, and
determination). r
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING Z
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. 44i
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. E
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work Q
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 11
4.B.a
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national E
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who L
is qualified and available to perform the work to which the employment relates. The Vendor shall execute Q
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2. a
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, N
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or .2
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's E
performance of this Agreement, except for that portion of the injuries and damages caused by the City's j
negligence. r
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER N
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. N
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made M
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. c
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. E
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or Z
other articles used or held for use in connection with the work.
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XV. MISCELLANEOUS PROVISIONS. E
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its r
contractors and consultants to use recycled and recyclable products whenever practicable. A price Q
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.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 12
4.B.a
C. Resolution of Disputes and Governing. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement. E
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at Q
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 a
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this in
Agreement or such other address as may be hereafter specified in writing. n
E. Assignment. Any assignment of this Agreement by either party without the written consent aEi
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
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the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
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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 the Vendor. L
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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 N
of the City, and such statements shall not be effective or be construed as entering into or forming a part of N
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 M
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of a
the performance of those operations.
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be E
subject to public review and disclosure, even if those records are not produced to or possessed by the City v
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and L
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, 0
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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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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any U
number of counterparts, each of which shall constitute an original, and all of which will together constitute Q
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.
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 13
4.B.a
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.
VENDOR: CITY OF KENT:
By: By:
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Print Name: Print Name: Dana Ralph L
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Its Its Mayor
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DATE: DATE: N
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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VENDOR: CITY OF KENT:
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Matt Werger Chad Bieren, P.E.
Northstar Chemical, Inc. City of Kent
14200 SW Tualatin-Sherwood Road 220 Fourth Avenue South ~L
Sherwood, OR 97140 Kent, WA 98032
(503) 625-3770 (telephone) (253) 856-5500 (telephone) N
(503) 625-1478 (facsimile) (253) 856-6500 (facsimile) N
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APPROVED AS TO FORM: M
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Kent Law Department
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 14
4.B.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following: L
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 21
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil E
Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and o
Regulations". N
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The following statements specifically identify the requirements the City deems necessary for any am
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination a
regarding suspension or termination for all or part of the Agreement.
The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, y
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, 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 Q
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 15
4.B.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it E
during the contract, will not discriminate on the grounds of race, color, or national L
origin in the selection and retention of subcontractors, including procurements of Q
materials and leases of equipment. The contractor will not participate directly or 21
indirectly in the discrimination prohibited by the Acts and the Regulations, including 3
employment practices when the contract covers any activity, project, or program N_
set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including E
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports N
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its M
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information E
required of a contractor is in the exclusive possession of another who fails or ;v
refuses to furnish the information, the contractor will so certify to the City or the a
Washington State Department of Transportation, as appropriate, and will set forth J
what efforts it has made to obtain the information. —
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with E
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the Z
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. E
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F. Incorporation of Provisions: The contractor will include the provisions of a
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 16
4.B.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities: a
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 3
21. U)
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, .2
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and L)
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discriminationCU
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on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, r
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), o
(prohibits discrimination on the basis of age); N
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
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amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, E
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by a
expanding the definition of the terms "programs or activities" to include all of the S
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not); E
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viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination �
on the basis of disability in the operation of public entities, public and private r
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation z
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Q
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 17
4.B.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) E
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the Q
preceding statements were complied with during the course of the contract's performance. 2,
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By signing below, I agree to fulfill the five requirements referenced above. N
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Title:
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4.B.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 L
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APPROVED BY Dana Ralph, Mayor 1
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POLICY: N
Equal employment opportunity and non-discrimination in contracting requirements for the City of E
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:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. N
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the M
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract a
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 coordinate with the City's Title VI coordinator, and perform the following E
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these n
regulations are familiar with the regulations and the City's equal employment opportunity
policy. Z
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 19
4.B.a
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EXHIBIT A
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4.B.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2023
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.3 & 1.6) for the
following fees:
Bidder's Name: Northstar Chemical, Inc
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Item Estimated Description Bid Unit Total Q
Annual Unit Prices >4
Usage a-
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7 10,000 12 1/2% Sodium Hypochlorite in $3.04 $30,400.00
GALS* 500-1,000 Gal. Deliveries BULK GAL.
FOB 212th St. Treatment Plant
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Note: Contractor must submit a firm proposal for the contract term(s).
Packet Pg. 21
4.B.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2023
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the
following fees:
Bidder's Name: Northstar Chemical, Inc
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Item Estimated Description Bid Unit Total
Annual Unit Prices Q
Usage
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10 96,000 25% Sodium Hydroxide in $1.58 $151,680.00 N
GALS* 4,000 Gal. Deliveries BULK GAL. 2
FOB Pump Station #5 E
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Packet Pg. 22
4.B.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2023
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the
following fees:
Bidder's Name: Northstar Chemical, Inc
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Item Estimated Description Bid Unit Total
Annual Unit Prices Q
Usage a-
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11 12,000 25% Sodium Hydroxide in 1.58 $18,960.00 N
GALS* 4,000 Gal. Deliveries BULK GAL. °
FOB East Hill Well
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*Estimated annual need is 12,000 Gals. Actual need may vary.
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Packet Pg. 23
4.B.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2023
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the
following fees:
Bidder's Name: Northstar Chemical, Inc
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Item Estimated Description Bid Unit Total
Annual Unit Prices Q
Usage Q-
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12 1,000 25% Sodium Hydroxide $3.84 $3,840.00 in
GALS* 1,000 to 2,000 Gal. Deliveries BULK GAL.
FOB 212th Treatment Plant E
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Packet Pg. 24
4.B.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2023
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the
following fees:
Bidder's Name: Northstar Chemical, Inc
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Item Estimated Description Bid Unit Total Q
Annual Unit Prices
Usage Q-
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13 8,000 25% Sodium Hydroxide in $1.58 $ 12,640.00 N
GALS* 4,000 Gal. Deliveries BULK GAL.
FOB Guiberson Corrosion Facility E
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Packet Pg. 25
4.B.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees or subcontractors. E
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A. Minimum Scope of Insurance Q
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Contractor shall obtain insurance of the types described below: a
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 E
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
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2. Commercial General Liability insurance shall be written on ISO occurrence E
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form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury L
and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City N
shall be named as an insured under the Contractor's Commercial General N
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 M
endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance E
laws of the State of Washington.
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B. Minimum Amounts of Insurance a
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Contractor shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined single limit for E
bodily injury and property damage of $1,000,000 per accident.
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2. Commercial General Liability insurance shall be written with limits no less N
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. 0
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EXHIBIT B (continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect ,
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and E
shall not contribute with it.
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2. The Contractor's insurance shall be endorsed to state that coverage shall not 21
be cancelled by either party, except after thirty (30) days prior written a
notice by certified mail, return receipt requested, has been given to the City. in
3. The City of Kent shall be named as an additional insured on all policies •2
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional U
insured shall be attached to the Certificate of Insurance. The City reserves c
the right to receive a certified copy of all required insurance policies. The E
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers N
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than on
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E. Verification of Coverage
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Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional a
insured endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
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Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the same insurance requirements as stated
herein for the Contractor. o
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4.0
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: November 7, 2022
TO: Public Works Committee
SUBJECT: King County Flood Control District - Cooperative Watershed
Management Grant - Authorize
MOTION: I move to authorize the Mayor to sign the King County
Cooperative Watershed Management Grant Agreement, in the amount of
$289,941, subject to final terms and conditions acceptable to the Public
Works and Parks Directors and City Attorney.
SUMMARY: The grant covers two separate projects: $200,000 for Public Works'
Lower Russell Habitat Area A, and $89,941 for Parks' Mill Creek Canyon Riparian
Revegetation.
The Lower Russell Habitat Area A project involves the excavation of a new off-
channel habitat area and installation of large woody structures that will provide
rearing and refuge habitat for juvenile Chinook salmon. This project is associated
with the Lower Russell Levee Setback project--part of the overall flood
management strategy for the lower Green River.
The City of Kent will use the Cooperative Watershed Management funding to
conduct an alternatives analysis, wetland design, hydrogeological study,
archaeological survey, geotechnical analysis, stakeholder coordination, refine the
60% preliminary design, prepare a maintenance, monitoring and adaptive
management plan, and prepare permit documents to construct Habitat Area A.
Mill Creek Canyon Riparian Revegetation will involve invasive weeds removal and
subsequent replanting of the riparian corridor along Mill Creek at Mill Creek Canyon
Park and Earthworks Park. In 2020, the City began a major cleanup and nature trail
maintenance project through the Mill Creek Canyon Park stream corridor. This
project will expand this effort by conducting riparian enhancement along 3,000 feet
of Mill Creek. This work will increase community engagement, environmental
education, nature trail usage, and participation in hands on volunteer events.
BUDGET IMPACT: Grant funds will be added to the Drainage Fund ($200,000) for
Public Works' Lower Russell Habitat Area A, and the General Fund ($89,941) for
Parks' Mill Creek Canyon Riparian Revegetation.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 28
4.0
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Grant Agreement (PDF)
Packet Pg. 29
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No.2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF KENT AND KING COUNTY �.
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This Agreement is made between King County, a municipal corporation, and the City of
Kent("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from the
date of execution to December 31, 2025.
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Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper(kkin cg ounty.gov.
Primary Contacts for Recipient: ;
Project No. 1: Rowena Valencia-Gica, 253-856-5551, Rvalenciakkentwa.gov.
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Project No. 2: Margaret Wagner,Natural Areas Specialist, 206-798-7894,
Mwagner(kkentwa.gov. Q.
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SECTION 1. RECITALS
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1.1 Whereas, the King County Flood Control District("District") is a quasi-municipal 6
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water v
resource, and habitat protection and management; 0
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1.2 Whereas King County is the service provider to the District under the terms of an 0
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interlocal agreement("ILA")by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
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1.3 Whereas, the Board of Supervisors of the District(the "Board"), the District's governing
body, passed Resolution FCD 2021-12 on November 9, 2021, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $10,309,697 in 2022 for water quality, water resources and habitat restoration and
management projects and activities in King County,provided that the project list is a
approved by the Board;
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1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities; a
1.5 Whereas, the Recipient submitted applications to its respective WRIA forum or
committee for the Projects, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Projects for funding under
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Packet Pg. 30
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No.2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
the Cooperative Watershed Management Grant Program in accordance with King
County's Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference ("Grant Policies and Procedures");
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1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Projects, and the Board of Supervisors has approved the Projects, in E
Resolution FCD2022-09, for funding up to the amount of$289,941 as follows:
$$200,000 for the Project titled"Habitat Area A", and $89,941 for the Project titled"Mill
Creek Canyon Riparian Revegetation";
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1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from
the Recipient and has determined that the Scopes of Work, attached hereto and o
incorporated herein as Exhibit B-1 and B-2, collectively referred to as "Scopes of Work",
and the Budgets, attached hereto and incorporated herein as Exhibit C ("Budget
Summary"), are consistent with the Grant Policies and Procedures;
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1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the ci
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the n
Recipient will implement the Projects. c
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SECTION 2. AGREEMENT 0
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2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this 00
reference. 0
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2.2. King County agrees to award the Recipient an award in the total amount of$289,941 S
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Projects. King County shall pay the Recipient in accordance with the M
Grant Policies and Procedures.
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2.3. The Recipient represents and warrants that it will only use the Award for the Scopes of
Work of this Agreement and in accordance with the Project Budgets. The Recipient shall i
be required to refund to King County that portion of the Award which is used for work or a
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scopes of Work and issuance of the Final Reports, as further described below.
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2.4. Activities carried out for these Projects and expenses incurred by the Recipient may
predate the execution date of this Agreement provided that 1) they have been identified
by Recipient as being within the scopes of numbers 2) and 3)below, and have been a
approved by King County as being within such scopes; 2) The activities are specified in
the Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scopes of Work and are authorized by the Award as identified in the Budgets of this
Page 2 of 8
Packet Pg. 31
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No.2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
were approved by the District and reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
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2.5. The Recipient shall invoice King County for incurred expenses for each project
separately using the Request for Payment form and Progress Report form, or online E
equivalents to these forms upon the County's implementation of an online reporting
database, for those documented and allowable expenses identified in the Budgets and
according to the rules set forth in the Grant Policies and Procedures. Requests for
payment shall be made no less frequently than every six months after the effective date of
this Agreement nor more frequently than every three months after the aforementioned
date. A Progress Report form shall be submitted with all payment requests. A one-time
advance may be allowed, in the discretion of King County, for expenses anticipated to be
incurred in the three months following the date of submission of the advance Request for '-
Payment only for work that is included in the Scopes of Work of this Agreement, and
identified as such in the Request for Payment. The amount of the advance may not c
exceed 25% of the total award amount. Documentation of payments made from advances U
shall be submitted to King County prior to any further requests for payment.
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2.6. The Recipient shall be required to submit to King County a final report for each Project
which documents the Recipient's completion of the work in conformance with the terms
of this Agreement within thirty(30) days after the completion of the work. The final v
reports may be submitted on the Close-out Report form or online equivalent to this form 'a
upon the County's implementation of an online reporting database. Each final report shall °o
include a summary of each Project's successes and shall address the watershed benefits _
accomplished by the work. V
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2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
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2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the a
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
Page 3 of 8
Packet Pg. 32
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No.2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
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2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the E
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
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2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims, o
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
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2.13. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA 0
as a funding partner, for the Projects on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in n
association with the Projects. Grant recipients shall submit documentation of c
acknowledgement activities with their final reporting documents.
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SECTION 3. GENERAL PROVISIONS 00
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3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their U
respective successors and assigns. c
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
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3.3. No amendment to this Agreement shall be binding on any of the parties unless such a
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
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3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a parry
warrants and represents that he/she has been fully authorized to execute this Agreement a
on behalf of such party and that such party is bound by the signature of such
representative.
Page 4 of 8
Packet Pg. 33
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No.2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
3.5. The Projects shall be completed by no later than December 31, 2025. In the event that
the Projects are not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
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3.6. This Agreement may be signed in multiple counterparts.
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3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable E
under applicable law, such provision will be ineffective to that extent only,without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
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3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made. 0
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KING COUNTY: RECIPIENT:
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Packet Pg. 34
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
EXHIBIT A: Project Descriptions
WRIA Project Recipient Description Leverage Award
Conduct an alternatives analysis,wetland design,
hydrogeological and other studies; coordinate ;a
stakeholders; prepare a maintenance, monitoring
and adaptive management plan; refine the 60%
design;and begin preparing the permit application aEi
documents for Habitat Area A(formerly a part of
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9 Habitat Area A the Lower Russell Levee Setback. King County will $300,000 $200,000
complete the initial phases of the project including
limited stakeholder coordination and up to draft m
City of 60%design, after which the City of Kent will take w
Kent over the project to do the remaining tasks to ;
produce the final 60%design and initiate the
permits application process. >
Conduct invasive plant removal and subsequent
Mill Creek Canyon replanting through the riparian corridor along Mill a
9 Riparian Creek at Mill Creek Canyon Park, Earthworks Park, $170,000 $89,941 0
and Senior Center Park in Kent.The project will be U
Revegetation conducted through a combination of contractor, U
staff,and volunteer efforts.
TOTALS $470,000 $289,941 6
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Project Locations: U
Project No. 1: The project is located in WRIA 9 on the east bank of the Lower Green River at River Mile c
18.0-18.3 within the City of Kent.This area is downstream of the City of Kent's new Van Doren's Landing U-
Park and includes a portion of the City of Kent's Green River Natural Resources Area (GRNRA).The site is Lj
part of the Lower Russell Levee Project Habitat Areas.
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Project No. 2: South Fork Mill Creek; approximately 8.5 miles upstream of the confluence with the c
Lower Green/Duwamish River via the Black River Pump Station. M
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Packet Pg. 35
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
EXHIBIT B-1: Scope of Work for Habitat Area A
Estimated Month/Year
Task Title Task Description(Include Activities and Deliverables) Percent of Task will be
Grant Budget Completed
Task 1: Project Submit reimbursement request forms, backup documentation for 5.5% October
Administration billing,and progress reports at least every 6 months.Submit a 2025
(Required) Fiscal Closeout form and a Closeout Report form with the final
reimbursement request. Deliverables include Progress Reports, 4
Reimbursement Requests, Invoice Processing, Billing
Documentations, Fiscal Closeout,Other Finance forms.
Task 2: Conduct an Alternatives Analysis focused for the design of 60% October
Assessments Habitat Area A taking into consideration channel sinuosity, 2025 t
habitat complexity, and flood storage capacity, Hydrogeologic
Studies(to assist in the design of the off-channel and wetlands),
and Wetlands Design and Hydrogeologic studies(based on
microtopography, hydrogeologic factors, hydrologic connectivity, >
and planting diversity); Prepare a monitoring, maintenance and L
adaptive management plan.
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Task 3: Cultural Conduct Archaeological Surveys and Section 406 consultations. 20% October o
Resources 2025 U
Task 5: Design Refine the 60%plan from King County and submit the final 60% 10% October V
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Plans,Specifications,and Cost Estimate; Deliverables include 60% 2025 u_
Plans,Specifications,and Cost Estimate.
Task 4: Meetings with stakeholders on project design and permitting 2.5% October
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Stakeholder with meeting notes prepared. 2025 c
Coordination U
Task 6: Prepare preliminary permit application documents(DARPA,City of 2% October o
Permitting Kent permits,SEPA). 2025 c
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EXHIBIT B-2: Scope of Work for Mill Creek Canyon Riparian Revegetation Y
Estimated Month/Year c
Task Title Task Description(Include Activities and Deliverables) Percent of Task will be M
Grant Budget Completed
Task 1: Project Submit reimbursement request forms, backup December
Administration documentation for billing,and progress reports at least 2025 E
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(Required) every 6 months.Submit a Fiscal Closeout form and a a0)
Closeout Report form with the final reimbursement Q
request.
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Task 2: Photo Point Kent staff will establish at least 4 long term photopoints 5% November i
Establishment before the first round of invasives removal and will re-take 2025 C9
them at least 2 more times before the end of this grant
term.
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Task 3:Knotweed and Kent staff will collect invasive species mapping to facilitate 5% June 2023
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Blackberry Mapping contractor coordination prior to treatment and to establish 0
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pre-treatment weed footprints. Q
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Packet Pg. 36
4.C.a
Project Names: Award Numbers:
Project No. 1: Habitat Area A 4.9.22.012
Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027
Estimated Month/Year
Task Title Task Description(Include Activities and Deliverables) Percent of Task will be
Grant Budget Completed
Task 4: Blackberry, Kent Staff or Contractors will cut rings in all climbing ivy 5% December
Climbing Ivy,and trees,will cut/stump treat weed trees in the project area 2024 L
Weed Tree Cut Work (holly and laurel)and will cut large blackberry thickets to
increase access and spray efficacy of herbicide treatments
after resprouting. E
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Task 5:Blackberry, Contractors will conduct annual herbicide treatments of all 50% August 2025
Knotweed,and Ivy target weed species in the project area.We expect this to
Herbicide Treatment be approximately 4 acres but more exact treatment area
data will be collected during treatment.
Task 6: Planting Kent staff,volunteers,and community partners will install 15% November N
at least 1000 native plants along 1000 linear feet of Mill 2025
Creek targeted towards areas that fall below 2200 native
stems per acre(either pre-project or after invasives d
removal). +�
Task 7:Environmental Kent staff,with at least two community partners,will 15% November `m
Education and coordinate at least 3 community engagement and 2025 0
Community environmental education events in the project area. �j
Engagement(including
Volunteering) N
Task 8: Project Quantitative vegetation monitoring to assess native stem 5% August 2025 p
Monitoring density will be conducted once in 2023 and once in 2025. c
Qualitative site evaluations to assess planting and invasives
treatment success will be done at least once a year. 0
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EXHIBIT C: Budget Summary c
Grant Award Amount `1
Budget Item Mill Creek Canyon Totals M
Habitat Area A
Riparian Revegetation
Staffing $20,000 $20,800 $40,800
Project Supplies $5,500 $5,500 E
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Commercial Services&Crew Time $180,000 $58,550 $238,550 Q
Office Expenses/Overhead $5,091 $5,091
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Total $200,000 $89,941 $289,941
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4.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: November 7, 2022
TO: Public Works Committee
SUBJECT: Compost Procurement Ordinance - Adopt
MOTION: : Move to adopt an ordinance amending Chapter 3.70 of the Kent City
Code to add a new Section 3.70.055 entitled "Procurement of Compost" to comply
with a new state law requiring the City to plan for the use of compost in its
projects.
SUMMARY: In 2022, the state passed House Bill 1799 requiring cities to adopt a
compost procurement ordinance by January 1, 2023. The purpose of this
requirement is to help support the economic viability of processes that turn organic
materials into finished products, such as compost, by encouraging cities to procure
more compost for various projects such as landscaping, construction soil
amendments, erosion prevention projects, and low-impact development.
The creation of compost is important because it diverts organic materials out of
landfills. In addition to reducing the number of materials entering our landfill,
processing organic material into compost, and applying it to land improves soil
health and reduces greenhouse gas emissions.
The bill also requires cities to educate residents about the value of compost and
report its compost procurement activities to the Department of Ecology every other
year beginning December 2024.
BUDGET IMPACT: Staff time needed to comply with unfunded state reporting
requirements will be paid for as part of related project budgets.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Compost Procurement Ordinance (PDF)
Packet Pg. 38
4.D.a
ORDINANCE NO.
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 3.70 of 0
the Kent City Code to add a new Section 3.70.055
entitled "Procurement of Compost" to comply with a E
new state law requiring the City to plan for the use
of compost in its projects. o
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RECITALS v
A. In 2022, HB 1799 was passed requiring cities to adopt a M
compost procurement ordinance by January 1, 2023. The purpose of this
requirement is to help support the economic viability of processes that turn
organic materials into finished products, such as compost, by encouraging o
cities to procure more compost. These requirements are codified in RCW
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43.19A.150. >"
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B. The creation and use of compost is important because it diverts a
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organic materials out of landfills. In addition to reducing the amount of 0.
material going into landfills, processing organic material into compost and L)
applying it to land improves soil health and reduces greenhouse gas
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emissions. M
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C. To help achieve these objectives, cities are required to plan for
the use of compost in various projects such as, landscaping, construction
1 Amend KCC 3.70 -
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4.D.a
soil amendments, erosion prevention projects, and low-impact
development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
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SECTION 1. - Amendment - KCC 3.70.055. Chapter 3.70 of the Kent c
City Code is amended to add a new Section 3.70.055, entitled "Procurement o
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of Compost", as follows:
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Sec. 3.70.055. Procurement of Compost. o
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A. Purpose. The purpose of this section is to increase the diversion of c
organic materials going into landfills and thereby reduce methane emissions. E
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As more organic materials are diverted and recycled, the increased use of
compost or other finished compost products by local jurisdictions will help M
support the economic viability of these processes and programs.
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B. Compost. For the purposes of this section, unless the context clearly o
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requires otherwise, Compost shall mean a product created with composted
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material as defined in RCW 70A.205.015(3), as now enacted or hereafter
amended. Compost includes, but is not limited to, one hundred percent 0
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finished compost or blends that include compost as a primary ingredient. o
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Mulch is a finished compost product if it contains a minimum of sixty percent E
composted material. Bark is not compost.
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C. Planning. Before issuance of a solicitation for bids or proposals under
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this chapter, departments should consider whether compost can be utilized Q
in the project. The city shall plan for the use of compost in projects under
the following categories:
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Re: Procurement of Compost
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4.D.a
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff,
promote vegetation growth, or improve the stability and longevity of
roadways; and
4. Low-impact development and green infrastructure to filter
pollutants or keep water on-site, or both.
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D. Priority. The City shall give priority to purchasing compost products 0
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from companies that:
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1. Produce compost products locally;
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2. Are certified by a nationally recognized organization; and a
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3. Produce compost products that are derived from municipal 0
solid waste compost programs and meet quality standards 0
comparable to standards adopted by the state Department of
Transportation or adopted by rule by the state Department of Ecology.
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E. Reporting. The City shall submit a report covering its compost
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procurement activities to the state Department of Ecology in accordance 0
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with the requirements set forth in RCW 43.19A.150(5) as now enacted or E
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hereafter amended.
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SECTION 2. - Severability. If any one or more section, subsection, o
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or sentence of this ordinance is held to be unconstitutional or invalid, such o
decision shall not affect the validity of the remaining portion of this ordinance
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and the same shall remain in full force and effect. E
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon Q
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
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4.D.a
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
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DANA RALPH, MAYOR Date Approved
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0
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Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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4.E
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: November 7, 2022
TO: Public Works Committee
SUBJECT: 2022 Asphalt Overlays Traffic Calming Change Order -
Authorize
MOTION: I move to authorize payment of additional costs in excess of the
Mayor's authority for the contract with Lakeside Industries, Inc., to
complete the 2022 Asphalt Overlays, including additional traffic calming
measures, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The 2022 Asphalt Overlays project was awarded by Council to
Lakeside Industries, Inc. on May 3, 2022. Work began shortly thereafter and the
majority of the project improvements are complete. In the months following award
of the contract, Transportation Engineering staff worked with neighborhood groups
to identify traffic calming measures where speeding and cut through traffic were
determined to be a livability issue, and where issues could be ameliorated with
improvements, such as speed bumps and raised crosswalks.
In order to complete the work as quickly as possible, which will provide relief to
affected neighborhoods sooner rather than later, and because the traffic calming
measures are similar work to the existing contract, it was determined that change
orders to Lakeside Industries' contract would be the most efficient path forward.
Because the additional work will require a contract amendment that would exceed
the Mayor's authority for approval, staff is seeking Committee concurrence and
Council authorization before moving ahead.
BUDGET IMPACT: Additional costs for the traffic calming items will be $200,000
and will be paid using a combination of B&O Tax Fund and Solid Waste Utility Fund
receipts, based on the location of the work.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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4.F
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: November 7, 2022
TO: Public Works Committee
SUBJECT: INFORMATION ONLY: Sub-Regional Opportunity Fund
SUMMARY: The King County Flood Control District (District) collects an annual
levy from properties within King County. Through the District's Sub-Regional
Opportunity Fund, ten percent of the levy collected within each jurisdiction is
granted back to the jurisdiction to be used for stormwater or habitat projects with a
flood-related nexus.
The expected annual reimbursement for the City is $224,790. The City has applied
to use these funds for designing and constructing improved storm drainage along
the south side of James Street near Mill Creek. This project will help reduce the
amount of time floodwater is over James Street enabling eastbound lanes of traffic
to be reopened more quickly following flood events.
BUDGET IMPACTS: District Funds would be added to the Drainage Fund to help
pay for the proposed improvements.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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