Loading...
HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 05/17/2012 (3) KENT Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph May 17, 2012 5:00 p.m. Item Description Action Speaker Min. Paoe 1. Meeting Minutes dated April 19, 2012 Yes Council 05 01 - Approve 2. Demolition and Asbestos Abatement Yes Brian 05 07 Contract for Matinjussi Property - Levenhagen Authorize 3. Division Update: Adaptive Recreation No Lara Hosford 15 25 Program - INFO ONLY / Lori Hogan 4. Director's Report - INFO ONLY No Jeff Watling 05 27 Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 ° darks and Human Services rvices MeetingMinutes WAS Hi N...N April 19, 2012 Call to order: Debbie Ranniger called the meeting to order at: 5:08 p.m. Added Item: Public Communication Council Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Item No. 1: Minutes of March 15, 2012 Dana Ralph moved to approve the Parks and Human Services meeting minutes dated March 15, 2012. Elizabeth Albertson seconded. The motion passed 3-0. i Public Communications Dave Roe and residents of Panterra Lago, a mobile home park located within the newly annexed Panther Lake neighborhood, attended the meeting to give special thanks to the City of Kent Home Repair team and the Senior Home Repair Program, funded through Community Development Block Grant. Mr. Roe said that all of the 26 residents in the Panterra Lao have been recipients of some type of repair to their homes including: stairs, bathroom flooring, roofs, general plumbing, toilets, and doors. Smoke/carbon monoxide detectors were installed in every home as well. They are very thankful for Darrel Hammack and the crew; Jeff Veach, and Nate Harper, for all of the great work they've done for the residents. Item No. 2: Quota International Donation to Adaptive Recreation - Accent Superintendent of Recreation and Cultural Services Lori Hogan reported that staff within the Adaptive Recreation Division created a cheerleading program for participants to showcase their athleticism and creativity, and to support our Special Olympics sports teams during competitions. The Quota Club's $1,000 donation will enable to group to purchase uniforms, pom- poms, and related supplies. Staff and the cheerleaders plan to attend the May Parks Committee meeting to share highlights of the Adaptive Recreation programs and display the new uniforms. E. Albertson moved to recommend council accept the donation from Quota International of Kent Valley in the amount of $1,000.00 and approve expenditures of funds in the Adaptive Recreation budget. D. Ralph seconded. The motion passed 3-0. Page 1 Page 2 Item No. 3: National Council on Aging Award - INFO ONLY Lori Hogan and Lea Bishop, Manager of the Kent Senior Activity Center announced that the Kent Senior Activity Center was awarded honorable mention from the National Council on Aging (NCOA) for its "Evening of Jazz and Art in Kent" program. The award was presented on March 28, 2012 as part of NCOA's National Institute of Senior Centers' 2011 Programs of Excellence at the annual NCOA Aging in America Conference in Washington D.C. The annual Kent Jazz and Art Showcase blends the talents of renowned jazz musicians performing on an outdoor stage with an art show by Kent Valley Artists on display inside the senior center. The free event, co-sponsored by the Kent Art's Commission, attracted over 400 multi-generational participants. The first three hundred guests were treated to a free box dinner and dessert provided by a co- sponsoring local retirement facility. This fun and highly entertaining event is an excellent way to introduce the Kent community to their senior center and the myriad of programs and services available. The event is June 28, from 5:00 to 8:00 p.m. at the Senior Center. Lori Hogan complimented Lea Bishop as a noted photographer and wanted to share with the committee that one of Lea's photos was chosen for the cover of the recipients award book. Jeff commended Lea and staff for the many successful programs, and for continually looking for partnerships that are multi-generational. As an example, Program Coordinator Helena Reynolds introduced Ms. Bright, a teacher at Scenic Hill Elementary, who started a knitting program at the school in partnership with the senior knitting group. It began with Ms. Bright's Mom who knits hats for kids in her neighborhood. She and Helena's daughter, a para-educator at Scenic Hill were introduced and the program was born. They connected to the knitting group at the Senior Center and the program grew. The senior knitting group is also a part of the "Knit it All" group that knits hats, gloves, scarves and blankets for the homeless, as well as caps for soldiers to put under their helmets. The program has had quite an impact on the kids and the community and continues to grow. Thank you notes to the knitters from the students at Scenic Hill were shared at the meeting. Item No. 4: First Ouarter Report - INFO ONLY Jeff noted that the first quarter report contains the new, refined report format that focuses on outcomes and measures of programs and services. The intent of the new format is to quantify how much we do, how well we do it and is anyone better off. Future reports will have trend lines to compare statistics to previous years. D. Ranniger asked for numbers to compare with the previous year. Comments from participant's and parents: Recreation Programs: "My daughter has transformed from shy to social and outgoing and enjoying class each week, plus meeting new friends." Page 2 Page 3 "My child's listening skills improved and the effects extend to our everyday living." After School Programs: "It has made me rethink about people and how they think and act. It gets my mind off of what happened in school." "I have been playing less video games and doing more exercise. Also, I see my friends more often." Senior Center Programs: "I found it has broadened my social life, friendships, travel and activity levels. All in all, I am a healthier person with a good outlook on life." Jeff commended Facilities division for their hard at work on the Municipal Court renovations. The Probation staff have been moved over to their new offices in the court building. Jeff complimented Park Operations and Riverbend staff for their work during and after the ice storm, as well as their cooperative cleanup efforts with Public Works. Jeff explained that the Contributions Report reflects the great support from businesses and the community. During the first quarter of 2012, $20,050.46 was received from donations and in-kind gifts. To highlight one, Allied Waste contributed a total of $5,500.00 throughout the first quarter in support of our 2012 summer events. Jeff offered many thanks to all of our partners. Item No. 5: Division Update: Riverbend Golf Complex - INFO ONLY Parks Director Jeff Watling and Superintendent of the Riverbend Golf Complex Pete Petersen presented a division update on the Riverbend Golf Complex. Jeff said the report will address the number of challenges and impacts to the golf course over the past couple years, and subsequent loss of revenue. It will also show some of the work that has been going on, plus the game plan for next year. National and Regional Golf Trends 2000 -2010: Annual number of rounds of golf played nationwide decreased by 9.5% and an additional decrease from 2010 to 2011. The loss is about three million golfers nationwide. • 2007 -2011: 15-20% decrease in play at typical Western Washington golf course. • Western Washington weather has had a significant impact on the number of rounds played in the last two years. 6 Since 2007, the annual number of rounds played at Riverbend has decreased by 12.7%. Days with Rainfall Weekdays Weekends 2007 95 /36% 35 /33% 2011 141 / 54% 57 / 54% Increases 48% 63% Page 3 Page 4 '.. Working_Through Challenges at Riverbend • 2008: Green River Levee Improvement Project. • 2009: Well for irrigation water failed. • 2010: Fire Creek Restaurant closed. • 5% admissions tax was placed on green fees. • Internal service fee for Finance and Legal support was re-established. Positive Signs • In 2011, the Riverbend 18-hole golf course was one of very few courses in Western Washington that posted an increase in the number of annual rounds played, as well as an increase in revenue. • Driving range business continued to increase in 2011, resulting in a 13% increase in revenue over the previous year. • The Riverbend Men's Club was able to increase its membership by more than 10% in 2011. • The Riverbend Men's Club has increased from 335 members in 2007 to 594 members in 2011 - a 77% increase. • Innovative Marketing: Riverbend utilizes different means of technology and social media to attract new customers. As noted in the text messaging program, and participation with Golf Now, Groupon, Living Social and Amazon Local - all to promote specials. • Riverbend supports the Douglass Youth Golf Club, four junior golf programs, Greater First Tee of Seattle, Highline Community College Golf Class, Washington State Junior Golf Association and Riverbend is hosting the state championship. 2012 Operations • The golf complex has implemented several operational changes to reduce expenses: - At the driving range and merchandise center, shifts have been combined, resulting in a 40% reduction in staff costs. - At the Par 3 golf course, hours of operation have been modified, resulting in a 5% reduction in staffing costs. - The golf cart lease was extended an additional year rather than leasing new golf carts, resulting in a savings of over $8,000. - An alternative work schedule was developed that reduces overtime. • A plan is being implemented to increase revenue by an additional $120,000 for 2012. Options for Seeking a More Sustainable Future 2013 and Beyond A. Options for seeking a more sustainable future, 2013 and beyond. B. Revise the operational model for Riverbend. C. Recognize the public value and contribute support via the General Fund or Capital Fund. D. Outsource the operation of the golf course. Page 4 Page 5 D. Ranniger asked about national downward trends and asked for any data available from previous years on cyclical trends. Pete addressed Elizabeth's question about electrical carts. An electrical meter has been installed at the golf course to monitor the electrical power and see if it will accommodate charging energy efficient golf carts in the future. D. Ranniger appreciated the way Pete reported the challenges that Riverbend is going through in a national context. She thanked him for the chronology of the challenges that are unique to Riverbend and the innovative way staff is trying to increase the revenue sources. Jeff Knapp, President of the Riverbend Men's Club read a letter representing the Men's Club. The club is concerned about the possibility of the golf course management being outsourced. They wanted to express their appreciation with the current management. As a result of the successful relationship with Riverbend staff, membership has increased and the Club brings in over $250,000 in revenue annually, despite the economy - not including merchandise center, driving range and restaurant. They would like the Council and staff to reconsider any outsourcing of the operation of the golf course (see attached letter). Larry Tukes, Executive Director of Douglass Youth Program, explained that the youth program was established in 2005 and began their partnership with Riverbend in 2006. The program is dedicated to enriching lives of low income and underprivileged kids. Not only is golf taught, but life skills as well. They work in partnership with the First Tee Program of Greater Seattle and high schools in King and Pierce County. Mr. Tukes spoke of the wonderful relationship with the Riverbend staff. He wanted to thank everyone for their support and the opportunity to participate. In closing, Jeff said that discussion will continue as staff proceeds into the 2013/14 biannual budget process. Item No. 6: Director's Report - INFO ONLY D. Ranniger spoke of three pertinent items that came from the Human Services Commission meeting earlier that day: ® The commission voted to unanimously establish a task force for discussion on the homeless issues in Kent. The members will consist of representation from Human Services agencies, Kent Hope, the Chamber of Commerce and Kent Downtown Partnership. They will participate in establishing deadlines with measurables and bring a recommendation back to Council in May/June. • Discussion also took place on the Community Development Grant (CDBG) application process with specifics to ranking history, criteria, and gaps in service. All of this information is necessary for reviewers to know how agencies can best fulfill those needs. Page 5 i Page 6 I ® The last item discussed was changing the human services funding structure. In the past, 1% of the General Fund has been dedicated to funding human services. Unfortunately, the General Fund has been hard hit by the recession. As stated in the Strategic Plan, "Find Sustainable Funding Sources," the Commission suggested changing the 1% funding base for human services to a per capita base, with a small escalator for population growth and reduced funding. The Commissioners voted in favor of the changes. Numbers will be explored and the Commission will review a recommendation in May/June. If approved, it will become part of the 2013/14 budget discussion. Jeff commented on the General Fund impacts from the Regional Fire Authority last year to human services funds. Dana Ralph shared her appreciation for the consistency of per capital funding. I Jeff reported that T-Ball and Toss Ball Jamborees will be held at Service Club Ballfields this weekend. Jamborees for four year olds and Kindergarten age kids are a fun time for spectators. The Parks Citizens Advisory Group will frame a recommendation for reinvesting back into our park system in the next two weeks. Based on priorities and the needs of our aging infrastructure, representatives from the group will present their recommendations at the Council Workshop on May 1. The meeting adjourned at 6:10 p.m. jwi /�etwo� Teri Petrole - Council Committee Secretary i i i Page 6 Page 7 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 KEN 'Z�lc F-I WASWNG70 Address: 220 Fourth Avenue S. Kent, WA. 98032 5895 May 17, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Park Planner THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Demolition and Asbestos Abatement Contract for Matinjussi Property - Authorize MOTION: Move to recommend council authorize the mayor to sign the contract with Russ Lloyd Clearing & Demolition to demolish the house and out buildings and complete asbestos abatement on the Matinjussi Property in Panther Lake area for a total of $28,416.00, plus WSST, subject to approval by the City Attorney and Parks Director. SUMMARY: This contract is to demolish the house and out buildings and complete asbestos abatement at the Matinjussi property located in the Panther Lake Annexation area. This work needs to be completed by the end of June to qualify for the reimbursement through the RCO grant that we received to acquire the Matinjussi property. i EXHIBITS: Contract i BUDGET IMPACTS: Rental House Demolition Budget i i I I I l Page 8 g� ®^�- Page d� IN E PUB w>s"iu�roN LIC S AGREEMENT between City of Kent and Russ Lloyd Clearing & Demolition THIS AGREEMENT is made b and between the City of Kent a Washington municipal Y Y 9 corporation (hereinafter the "City"), and Russ Lloyd Clearing & Demolition organized under the laws of the State of Washington, located and doing business at P.O. Box 4203, Federal Way, WA 98063, Russ Lloyd, 253-661-6967 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Removal and disposal of all associated buildings, foundations, walkways, out- buildings and asbestos abatement at the Matinjussi Property located at 11220 SE 2041h Kent, WA 98032 as described in the contractor's proposal dated April 12, 2012 attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within 30 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirty Two Thousand Dollars and no/100 ($32,000.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) Page 10 performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. 'Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor 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. i E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$35K, and No Performance Bond) Page 11 required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. i VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$35K, and No Performance Bond) Page 12 require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor 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 Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT - 4 (Over$10K, under$35K, and No Performance Bond) Page 13 '. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor 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 Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT - 5 (Over$IOK, under$35K, and No Performance Bond) Page 14 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this PUBLIC WORKS AGREEMENT - 6 (Over$IOK, under$35K, and No Performance Bond) Page 15 ''.. 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. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) Page 16 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i CONTRACTOR: CITY OF KENT: I By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Russ Lloyd Brian Levenhagen Russ Lloyd Clearing & Demolition City of Kent P.O. Box 4203 220 Fourth Avenue South Federal Way, WA 98063 Kent, WA 98032 253-661-6967 (telephone) (253) 856-5116 (telephone) 253-661-1574 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$1OK, under$35K, and No Performance Bond) y //i` e 17 Russ Lloyd Clearing & Demolition Russ Lloyd President DBA: R.L. Clearing&Excavating,Inc. P.O. Box 4203 Telephone: 253 661-6967 Federal Way, WA 98063 Fax: 253 661-1574 i April 12, 2012 City of Kent Park Planning&Development Ph 253 856-5116 Re: 11220 SE 204"Kent,WA 98032 Attn: Brian Levenbagen R.L. Clearing&Excavating,Inc,proposes to provide the labor and the equipment for the demolition and removal of the buildings as per specifications. Includes haul off and disposal of demolition debris and concrete. Includes abatement as per specifications. Includes demolition permit required by PSCAA. Lump Sacm $28,416.00plus sales tax Not included in bid: Decommissioning well. Thank you, Russ Lloyd-President Exclusions: Security Fencing Utility Disconnect Server Caps Rodent/Pest Control Underground Tanks Underground Utilities Traffic Control Permits Asbestos Survey Imported Materials Erosion Control Shoring Asbestos Contaminated Materials Brush&Stumps Sheet Cleaning Saw Cutting Tree Protection Utility Caps Asphalt Freon Recovery Right of Way Septic Tanks AirMonitoring I Contractors License#RLCLEEI097N2 I Page 18 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Pollution Legal Liability insurance covering losses caused by polution conditions that arise from the operations of the Contractor. The Pollution Legal Liability insurance shall be written in an amount of at least $1,000,000 pper loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 5. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Page 19 EXHIBIT B (continued) 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. i i �I Page 20 EXHIBIT B (Continued) D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage j from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 21 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - I Page 22 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i EEO COMPLIANCE DOCUMENTS - 2 Page 23 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . , By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Page 24 Page 25 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 WASHINGTONKENT Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 17, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Division Update: Adaptive Recreation - INFO ONLY MOTION: None, information only. SUMMARY: Lara Hosford, Inclusion Coordinator and Julie Stangle, Manager of Adaptive Recreation and Youth/Teen Programs will present a division update on the Adaptive Recreation Program. EXHIBITS: None BUDGET IMPACT: None Page 26 Page 27 I PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KENT WASHINGTON Address: 220 Fourth Avenue S. ' Kent, WA. 98032-5895 May 17, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report - INFO ONLY MOTION: None, information only. SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None III i i