HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 04/23/2015 (3) l a" ',RENt.
Parks & Human Services Committee Agenda
Councilmembers: Brenda Fincher - Dennis Higgins - Deborah Ranniger, Chair
April 23, 2015
5:00 P.M.
Item Description Action Speaker Time Page
1. Call to order Chair Ranniger 01
2. Roll Call Chair Ranniger 01
3. Changes to the Agenda Chair Ranniger 01 -
4. Approval of Minutes, dated March 26, 2015 YES Chair Ranniger 01 1
5. Consultant Agreement with ETC Institute for YES Hope Gibson 05 07
Citizen Survey
6. 2014 Fourth Quarter Fee-in-Lieu Funds YES Hope Gibson 05 25
Allocation
7. Public Works Agreement with Skycorp, Ltd. YES Brian Levenhagen 05 29
for Demolition of Vacant Structures on SE
216th
8. Public Works Agreement with Eastside YES Garin Lee 05 47
Electric for Re-lamping and Inspection at
Kent Memorial Park and Hogan Park at
Russell Road
9. Easement with Puget Sound Energy for YES Jeff Watling 05 63
Access at the Riverbend Golf Complex
10. Parks Infrastructure Critical Issues Update NO Jeff Watling 15 71
11. Green River Lower Russell Levee Alternative NO Jeff Watling 15 73
Review
12. Director's Report NO Jeff Watling 10 75
Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the fourth
Thursday of each month in Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, 98032.
For additional information please contact Teri Petrole at 253-856-5101 or via email at
Wet role Cabkentwa.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 1-800-833-6388.
4� Page
KENT
Parks and Human Services Committee Meeting Minutes
Council members: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher
Director Jeff Watling
March 26, 2015 - 5:00 p.m.
Call to Order: Committee Chair Debbie Ranniger called the meeting to order at
5:00 p.m.
In Attendance: Chair Debbie Ranniger, Committee members Dennis Higgins and
Brenda Fincher
Changes to agenda: None
1. Minutes Dated February 26, 2015 - Approve
Committee member Higgins MOVED to approve the minutes dated February
26, 2015. Committee member Fincher SECONDED. The motion PASSED 3-0.
2. 2015 City Art Plan and Five-Year Plan 2015 - 2017
Ronda Billerbeck, Manager of Cultural Programs reported that the City Art Plan is
funded by Ordinance 2552. The plan details projects for 2015 and lists art
expenditures planned for 2015-2019, as part of the 5-year plan. The Visual Arts
Committee worked with staff to craft the plan which was approved by Kent Arts
Commission on March 10, 2015.
Chair Ranniger referred to the line item Collection and Programming, asking how
much of the funds are for maintenance versus programming. Depending on the
year, about $40,000 is allocated and approximately 90% or more of it is identified
for maintenance.
Ranniger also asked what is involved in maintenance. Billerbeck said annually, a
consultant evaluates the whole collection and identifies the condition, looking for
broken or vandalized pieces. If minimal repairs are in order, he completes the
repairs. If a project requires major refurbishment, a specialized consultant is hired.
Committee member Fincher asked about the youth training element of the plan.
Billerbeck replied that youth training piece was a King County Work Training
program and a consultant helped the youth work on murals. King County kept the
program and that is the reason for its discontinuation.
2015 New Proiects
Kent Arts DIY is a tech-based project. National trends show that people want to do
their own art and be more participatory. In this program, the artists share their
creative pursuits with the community online. These talents can include poems, how
to projects, ethnic cooking, and textiles. The Arts Commission reviews the
submittals and decides which ones to honor on the website. Staff has been working
with the IT department for the online component.
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The Request for Proposals (RFP) should go out in the next couple of months. Chair
Ranniger asked about submittals in 2015. Billerbeck said it would probably be 2016
to allow 16 months for the hired contractor to develop the project and get it up and
running.
Another change in 2015 is an additional $5,000 for the Summer Art Exhibit
purchases, specifically art pieces for the portable art exhibit that are acquired and
shown in public areas. The additional funds will pay mostly for bigger pieces to
accommodate larger spaces in city buildings.
Committee member Fincher asked for information on the application process.
Billerbeck stated interested artists find further information on the city website:
www.KentWA.gov / Kent Arts Commission.
Some specific restorations scheduled for repairs and repainting is artwork at
Canterbury Park, the Railroad yard mural, and Arbor Heights 360 Skatepark.
Another change this year is putting money in the Opportunity Fund. In the past,
staff could be specific with specific projects throughout the year, but realistically it
makes more sense to be flexible and more responsive to projects that occur
throughout the year. Staff is having discussions with Kent Downtown Partnership
and the Economic Development Department to merge projects in a cooperative
effort.
Continuing, Billerbeck said that some money has been set aside for the artwork on
the Kent Valley Loop Trail as well. The last portion of the plan is general information
on the Five Year Plan.
Committee member Higgin approves of the flexibility with funding and asked that
consultant related projects are brought back to the committee. Watling confirmed
that contracts of this size will be presented to the committee for recommendation.
Committee member Higgins MOVED to recommend council approve the
2015 City Art Plan and Five-Year Plan 2015 - 2019, subject to terms and
conditions acceptable to the parks director and city attorney. Committee
member Fincher SECONDED. The motion PASSED 3-0.
3. Lease Agreement with Verizon Wireless for Rooftop Installation at
Centennial Center Building
Alex Ackley, Superintendent of Facilities shared with the committee that Verizon
Wireless is requesting authorization to install wireless communications equipment on
the rooftop of the City of Kent Centennial Center, 400 W. Gowe St, Kent. As part of the
lease agreement, Verizon Wireless will pay the City of Kent $2,600.00 per month.
Subject to annual increases, for a term of ten (10) years, with an option to renew for
an additional five (5) years. A bonus to the project is, Verizon is removing old
equipment and reroofing the installation area. The monthly revenue is split so that 80%
goes to the Facilities budget and 20% goes to the Opportunity Fund.
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Jeff Watling, Parks Director commented on the good working relationship with
Economic Development Department who negotiated the agreement with Verizon, as
well as many other cell leases.
Committee member Higgins asked how the monthly rate is set. Ackley replied that
Economic Development staff set the rate and know what the market is bearing. The
analysis market is updated regularly to make sure the rates are in line, if not above
the market.
Committee member Higgins MOVED to recommend council authorize the
mayor to enter into a lease agreement with Verizon Wireless to install
wireless communications equipment for an initial monthly lease fee of
$2,600.00, and to approve the expenditure of funds in the Parks Facilities
Capital budget, subject to final terms and conditions acceptable to the
parks director and city attorney. Committee member Fincher SECONDED.
The motion PASSED 3-0.
S. Goods and Services Agreement with Fountain Works, LLC for
Fountain Equipment at Town Square Plaza
Brian Levenhagen, Park Planner reported that the 40 lights that light up the
individual fan-shaped spray heads embedded in the concrete around the granite
ball at Town Square Plaza have reached the end of their useful life. The heads are
being replaced with a new style of light, along with new fountain spray heads.
These new parts will upgrade the performance, durability, and water efficiency of
the fountain in addition to accomplishing needed life cycle maintenance. This
agreement is to purchase the required parts, so that repairs & installation can be
performed by Parks Department staff to keep the fountain operational. The item
was brought to the committee as a sole source because only two vendors submitted
bids and they are the sole providers of these specific materials need for this
fountain system.
Fountain Works, LLC assisted the city in getting the original UL approval for the
fountains. Typically, the lights have a five-year life span, but Park Operations staff
stretched that to seven years. New ring lights will be installed and new jets will
shoot the water straight up in the air instead of sideways to lessen evaporation.
Watling added that staff has done an exceptional job in maintaining the fountain
system.
Committee member Higgins MOVED to recommend authorizing the Mayor
to sign the goods and services agreement with Fountain Works LLC in the
amount of $47,719.70, including Washington State Sales Tax, to purchase
and deliver equipment to repair the fountain at Town Square Plaza, subject
to final terms and conditions acceptable to the City Attorney and the Parks
Director. Committee member Fincher SECONDED. The motion PASSED 3-0.
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Committee member Fincher asked if the fountain would be shut down during the
hot days again this year. Levenhagen responded that fountain systems are
complicated to operate and all fountains have to be shut down at some point for
maintenance, but he is confident the changes will help. Watling added that staff is
hopeful this will solve part of the issues, but it's a recycling system and, with the
small size of the tank reservoir and lots of activity, the balance of chemicals is
affected. Increasing the reservoir is costly, so this is better for the current
operation.
Committee member Higgins commented on the popularity of the fountain and what
it brings to downtown Kent. He feels this park cannot be neglected and he is excited
to keep it going through this repair.
6. Public Works Agreement with Pacific Ace LLC for Sport Court
Garin Lee, Superintendent of Park Operations explained that the purpose of the
Pacific Ace contract is to repair and resurface two tennis courts at West Fenwick,
one tennis court at Garrison Creek, as well as the basketball court at Garrison
Creek. Each of these courts have not been resurfaced or repaired in nine or more
years. This maintenance work will preserve and enhance the playability of the
courts for park patrons. Industry standard for sport courts is five to seven years,
but staff has extended their use for twelve years.
Committee member Fincher MOVED to recommend council authorize the
mayor to sign the public works agreement with Pacific Ace LLC for
$30,737.75 to repair and resurface miscellaneous sports courts within the
parks system, subject to final terms and conditions acceptable to the parks
director and city attorney. Committee member Higgins SECONDED. The
motion PASSED 3-0.
7. Access to Recreation Donation
Jeff Watling, Director of Parks, Recreation and Community Services stated, it has
been the goal of the city's "Access to Recreation" initiative to ensure that every
youth residing within the City of Kent has full access to a wide variety of
recreational opportunities regardless of family income or ability to pay. Since its
inception, the city has funded this initiative at $50,000.00 per year. The Kent Parks
Foundation has reached out to the community to seek additional funds that will help
further the extent of this city initiative.
Watling thanked the individuals, businesses and service clubs in our community
who pledged a five-year commitment to Access to Recreation, and those who
donated to the annual gifting letter. This $10,000 donation is a gathering for the
year.
In 2014, the total number of Access to Recreation scholarships awarded was
$48,996.76, which funded 1,491 scholarships for youth and families to take part in
recreation programs, leagues and camps.
Page 5
Board members from the Park Foundation will present their donation check formally
at the City Council meeting on April 21.
Committee member Higgins appreciated the funds and complimented the Kent
Parks Foundation Board. He asked how outreach is conducted. Watling responded
that information is in the recreation guide and included in all recreation
programming. In addition, staff reaches out through KCDIG and other community
presentations. Lori Hogan, Superintendent of Recreation and Cultural Programs,
shared that the biggest advertisement is by word of mouth. Many contacts are
through teachers, counselors and principals in the Kent School District, as well as
through Kent's coaches. Kids must show they are qualified by being a participant in
the free and/or reduced lunch program.
Higgins MOVED to recommend council accept the donation of $10,005.40
from Access to Recreation scholarships through the Kent Parks Foundation,
amend the budget and authorize expenditures in the general fund budget.
Fincher SECONDED. The motion PASSED 3-0.
S. Director's Report
Jeff Watling, Director of Parks, Recreation and Community Services, informed the
committee of noteworthy information and upcoming events.
Kent 125th Anniversary
Tonight is the community kick-off meeting to put together a framework of Kent's
125th anniversary celebrations throughout the year. The intent of the meeting is to
roll out the logo and encourage the groups to incorporate the anniversary into their
events, while facilitating connections within the groups.
Green River Lower Russell Levee Proiect
To update the committee, Jeff reminded them that the Green River Lower Russell
Levee Project is about 1 1/4 mile, roughly from Veterans Drive up to 212th. The
proposed project impacts Van Doren's Park and the Green River Natural Resources
Area (GNRA). King County's project goals are flood protection and floodplain
habitat. Park's staff are trying to bring balance to the trail by maintaining its
recreational use.
King County has proposed an alternative plan that recommends moving Van
Doren's Park to a location not as desirable as the current location. Parks staff and
the consultant began working on a conceptual plan that would be acceptable to the
function of the trail and park by taking the intentional approach of balancing and
blending the goals.
Higgins remarked that King County must have found a lot of money to relocate a
park. He added that Kent is not in a positon to fund their plan. He feels our citizens
already have a perfectly good park on that site and the taxpayers have no need to
incur costs for any changes that are coming from a consensus solution or dictated
to us from elsewhere.
Page 6
Chair Ranniger asked if the city has the power and authority not to accept an
alternative plan unless it is fully mitigated at King County's expense. Watling
responded that both King County, as the funder, and the city, as the property
owner, remain key parts to this project. He senses the city has a solid voice to
make sure this project balances all the goals.
Chair Ranniger asked if the city has the legal power to override King County, if they
were to condemn our property for the purpose of public good. Watling felt this is a
City Attorney question but as the landowner, he believes the city has the authority
to refuse; adding that one public agency cannot condemn property owned by
another public agency. He feels collaboration with the county and balancing and
blending these properties is possible.
Committee member Fincher asked if King County has come up with another
boundary to the three lines for the 500-year flood goal. Watling explained that
Fincher is referring to the three conceptual levee alignments being considered by
the county. In response, the county hasn't decided and the three concepts remain,
as far as he knows. Watling added that it could end up being a hybrid of the three.
More information is forthcoming after his meeting with King County staff on March
31. The committee will be updated on all communications.
Comp Plan Update
Staff is busy finishing the Parks Facilities Plan, a component of the Comp Plan. The
plan asks that we forecast out, 20 years of anticipated growth and existing capacity
of our infrastructure. The current capital funding level for parks is less than 20% of
our actual need to sustain the system. If forecasted out 20 years, the level of
service is dramatically reduced. The Capital Facilities Plan will not go to council as a
recommendation, it simply projects out current revenue capabilities based on
current levels.
Parks and Recreation Commission
To educate the commission on park system, staff scheduled tours of East Hill,
downtown, West Hill and valley/green river sites. Watling invited the committee to
join in the tours.
Park Operations
Watling gave kudos to Park Operations staff for handling the maintenance programs
with no seasonal staff. The delay in hiring is due to early spring and changes to the
hiring process with the new Health Care Reform restrictions. Some projects are held
up until seasonal staff is hired and the crews can catch up.
Chair Ranniger adjourned the meeting at 5:58 p.m.
Respectfully submitted,
Teri Petrole
Council Committee Recorder
Page 7
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KEN
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Hope Gibson - Parks Planning & Development Manager
SUBJECT: Consultant Agreement with ETC Institute for Citizen Survey
MOTION: Move to recommend council authorize the mayor to sign a
consultant services agreement with ETC Institute, in an amount not to
exceed $24,800.00, to conduct a survey of Kent citizens on the topic of
parks and recreation services, subject to final terms and conditions
acceptable to the parks director and city attorney.
SUMMARY: As part of the regular update of our Parks and Open Space Plan, Parks
Planning and Development is seeking statistically sound information about how
Kent residents perceive their current parks and recreation system, how and why
they use the system, what they consider most and least attractive, and what their
priorities are regarding parks and recreation facilities. Results of the survey will
inform staff throughout the further development of the Parks and Open Space Plan.
EXHIBITS: Consultant Services Agreement
BUDGET IMPACTS: No budget impact; authorize expenditure from Parks Lifecycle
account.
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I
W PSXIN VTVN '.
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
ETC Institute
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ETC Institute/Leisure Vision organized under the laws of the State
of Kansas, located and doing business at 725 W. Frontier Circle, Olathe, Kansas 66061; (913)
829-1215 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
l
i
As described in Exhibit A, attached:
Conduct a full-service statistical research survey with Kent residents to assess
citizens' awareness, perception, and usage of the parks and recreation system.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
11. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by December 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty-four Thousand, Eight Hundred dollars and no cents ($24,800.00),
for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not
be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT- 1
-- Page 10
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations;
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
Independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue,
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory,mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
Page 11
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees .and reasonable attorneys' fees, plus the City's legal costs and
fees Incurred because there was a wrongful refusal on the Consultant's part.
I
The provisions of this section shall survive the expiration or termination of this
Agreement.
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VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, Insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP ,AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City, All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
i
CONSULTANT SERVICES AGREEMENT - 3
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Page 12
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained In this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
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C. Resolution of Disputes and Governing Law, This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under,the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
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E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
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CONSULTANT SERVICES AGREEMENT - 4
Page 13
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the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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 became
effective on the last date entered below.
CONSULTANT: 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:
CONSULTANT: CITY OF KENT:
,Ron Vine Hope Gibson
ETC Institute City of Kent
725 W. Frontier Circle 220 Fourth Avenue South
Olathe, KS 66061 Kent, WA 98032
(913) 829-1215 (telephone) (253) 856-5112 (telephone)
rvine@etcinstitute.com hgibson@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department !
P:\Planning\Para Plan\2015 Parks Plan Update%S Ianllflc Survey\ETC Is um VIalon-CONMU.dnr
CONSULTANT SERVICES AGREEMENT - 5
Page 14
DECLARATION
CITY OF (CENT 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 1t will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5, Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
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EEO COMPLIANCE DOCUMENTS - 1
Page 15
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 i
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
Page 16
CITY OF {CENT
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
l
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
i
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
I
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Page 17
FXHIBITA
Leisure Vision a division of ETClnstitute
Scope of Services for Statistically Valid Survey
In order to accomplish the objectives for this project, Leisure Vision will conduct the following
tasks.
Task to ProjectKtek-off and Preparing the Survey Instrument
Task 1 I: Site Visit and Design Survey Instrument. Ron Vine,Project Manager will make a site
visit to Kent to start the survey process. Leisure Vision will work in partnership with the City of
Kent to develop the survey instrument. It is anticipated that 3-4 drafts ofthe surveywill be prepared
before the survey is approved by the City of Dent for testing. The survey will be up to 6 pages in
length (allowing for 24-32 questions, many with multiple components) and takel0-12 minutes to
administer by phone.
Task 1.2: Design Sampling Plan. Leisure Vision will prepare a sampling plan that will ensure the
completion of at least 600 surveys of resident households in the City of Kent. The overall results
for 600 completed surveys will have a precision of at least+/-4%at the 95% level of confidence.
Task 1.3 Survev Methodology. Leisure Vision is capable of administering the survey entirely by
phone, entirely by mail or through a combination of mail and phone, with a web component.
I
Given the negative impact that caller ID has had on phone survey response rates in recent years,and
the fact that mail only surveys typically have a low return rates,we recommend administering each
survey using a combination of mail,phone,and web to maximize the overall level of response. Liven
if people do not respond by mail, people who receive the mailed version of the survey are
significantly more likely to respond to the survey by phone because they know the survey is
legitimate. The web-component of the survey can only be completed by those receiving the survey
to ensure the statistically validity of the sampling.
Task 1.4: Conduct Pilot Test. Once the draft survey is developed Leisure Vision will test the
survey with at least 10 residents before the survey is administered.Any problems or issues that are
identified will be reported to the City and corrective action will be recommended and taken as
appropriate.
t
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Page 18
EXH IBIT A(Continued)
Leisure Vision (a division of ETC Institute
Task 2: Administering the Survey Instrument and Analysis
Task 2.I: Mailing of Surveys. Leisure Vision will design the sample so that a mail survey is first
sent out to a random sampling of at least 3,500 resident households in the City of Dent,including a
metered return envelope to Leisure Vision/FTC Institute). The mail survey will also contain a
message in the cover letter to non-English speaking households,i.e. Spanish,that will provide a I- j
800 phone number to call to have the survey administered over the phone in that language and the
web address to those who want to take the survey by the web.
I
Task 2.2: Web Survey. Leisure Vision will develop a web version of the survey for those who
want to take the survey over the web.
i
Task 2 3• Electronic Message to Those Receiving the Survey. Two days prior to receiving the
mailed survey,each resident household receiving a survey will receive an electronic voice message,
informing them about the survey and encouraging them to complete the survey.
1
Task 2.4: Initiate phone calling. Approximately 14 days after the surveys are mailed out,
extensive phone follow-up is conducted either to encourage completion of the mailed survey or to
administer the survey by phone.
This approach allows us to target specific demographic groups that may not have responded to the
mailed survey to ensure that the demographic distribution of the sample closely compares to the
actual composition of the community, by factors such as age, race, ethnicity, income, etc. ETC
Institute will additionally use "weighting" as a statistical process in the analysis for further
refinement of census comparisons.
i
Task25: Ensuring Representation for Non-English Speaking Population S. Leisure Vision and
our parent company ETC Institute have administered surveys in many communities across the United
States where a high percentage of the population does not speak English as a first language. As a
i
result, we are sensitive to the importance of ensuring that non-English populations are properly
represented in the survey,
Leisure Vision Quality Controls. Leisure Vision has an ongoing quality control and quality
assurance program in all surveys. The program is designed to give clients"error free"results,and all
employees atLeisure Vision are directly involved in the program. Dr.Elaine Tatham and Ron Vine,
Project Manager directly manage the Quality Control program,
Task2.6: AnalvzeData. Following the completion of the survey,Leisure Vision will perform data
entry, editing, and verification of the survey responses for each survey. In addition to performing h�
cross-tabulations,Leisure Vision will also conduct GIS Mapping.
1
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Page 19
EXHIBIT A(Continued)
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Leisure l/ision (a division Of ETClnstitute)
Task 2.6A. GIS Ma2pinO Leisure Vision will prepare maps that show the results of specific
questions on the survey. GIS maps will provide the City of Kent with a visual representation of the
areas of the City where residents have the greatest and least amount of needs for various services.
}
For example the map below shows by color the percentage of respondents who indicate their
needs for walking and biking trails is not being met by locations of households in
Mecklenburg County,North Carolina. The color coding indicated underthe legend indicate
the percent of households in Mecklenburg County having a need for walking and biking trails
that indicate their needs are being met, The survey results indicate unmet needs throughout
the County with the greatest unmet needs in the western portions of the County. The
findings from the statistically valid survey conducted in Mecklenburg County were used as a
key component of a successful voter campaign to address the unmet needs for trails and a
wide range of parks and recreation facilities in the County.
Q10r Walking and biking trails
LEGEND
Mean rating _ e�
on a 5-point scale,where;
1,0-1.8 Needs 0% Met
a rya x
1.8-2.6 Needs 25% Met k
Uz 2
2.6-3.4 Needs 50% Met
3.4-4.2 Needs 75% Met1, e gr m
4.2-5.0 Needs 100% Met
Other(no responses)
Mecklenburg County Community
Interest and Opinion Survey
Shading reflects the mean rating for all respondents by ZlP Code(merged as needed) . .
LI
rc. `at
Page 20
EXHIBIT A(Continued)
Leisure Vision (a division of ETClnstitute)
Task 3: Draft and Final Report and Presentation
Task 3.2 Development of Draft Report. Leisure Vision will provide a draft report based on a
minimum of 400 completed surveys. The draft report will include the following:
• an executive summary that includes a description of the survey methodology
• descriptive statistics for each survey question, including key demographic characteristics
Task 3.1 Development of Final Report. After review of the draft report by the client and a joint
review and discussion of findings with Leisure Vision,Leisure Vision will provide a final report. At
a minimum,the final report will be based on completion of a minimum of 600 suveys and include
the following;
• an executive summary that includes a description of the survey methodology
• descriptive statistics for each survey question, including key demographic characteristics
• G1S maps and shape files that show key results on maps of the City of Kent
• Cross-tabular analysis by demographic characteristics and key questions
• C31S Mapping
• copy of the survey instrument.
• a copy of the database in SPSS or Microsoft Excel
III,
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PA fi `$yr i
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Page 21
EXHIBIT (Continued)
Leisure Vision (a division of ETC Institute)
Project Schedule for the ]deeds assessment Process
A typical needs assessment process takes about 12-14 weeks to complete, including kick-off
meeting, survey design, mail/phone/web survey, analysis, final report, and presentation. Leisure
Vision is capable of completing the needs assessment process in less time should that be required.
We will tailor the project schedule to your needs.
A draft schedule is provided below,
Month I
• Kick-off phone discussion to discuss survey goals & objectives
• Leisure Vision provides City of Kent examples of surveys for review
i
• Kick-off meeting(in Kent)
• Leisure Vision provides the City with a draft needs assessment survey
• Sampling plan developed
• City provides cover letter
• City staff review the content of the draft needs assessment survey and provide feedback to
i
Leisure Vision
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• Leisure Vision revises the needs assessment survey based on input from staff
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Month 2
• City approves the needs assessment survey instrument for testing
• Survey approved
• Needs assessment survey instrument printed and mailed out
• Press releases issued
• Data collection begins for needs assessment survey
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.xxi,,� .. _'.w
Page 22
EXHIBIT A(Continued)
r
Leisure Vision (a division of ETC Institute)
Month 3
• Phone calling initiated
• Draft report prepared and sent to City
• Discuss changes to draft report
• Data collection completed
• Final Report delivered
Fee Proposal for City of Kent
Base Fees for Statistically Valld SUrVO $24,800
Guaranteed number of completed surveys 600
Level of confidence 95%
Margin of error +/-4%
Administration Mall(PhoneMeb
Formal Report Included
Site Visit (1) Includes expenses Included
Sub-Analysis of Findings Included
Geocodlng and Mapping Included
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ry t�ti it
Page 23
EXHIBIT B
INSURANCE REQUIREMENTS FOR.
CONSULTANT SERVICES AGREEMENTS
Insurance
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The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage
to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum scope of Insurance
Consultant shall obtain insurance of the types described below:
i
1. Automobile Liability Insurance covering all owned, non-
owned, hired and leased vehicles. Coves)e shall be
written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability
coverage, If necessarryy, the policy shall be endorsed to
provide contractual 113%ility coverage.
2. Commercial General Liabi 'i insurance shall be written
on ISO occurrence form CG. 00 01 and shall cover
liability arising from premises, operations, Independent
contractors, products-completed operations, personal
Injury and advertising injury, and liability assumed
under an insured contract, The Commercial General
Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03
1 85. There shall be no endorsement or modification
of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named
as an Insured under the Consultant's Commercial
General Liability insurance policy with respect to the
work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage,
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1, utornobile 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 limps no less than $1,000,000 each occurrence,
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Page 24
$1,000,000 general aggregate and a $1,000,000
products-completed operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General
Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
Insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by elther party, except after thirty (30) days
prlorwritten 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 ail
ppolicies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each Insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
O. .Acceptability of Insurers
Insurance Is to be placed with insurers with a current A.M. Best rating
of not less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily Iimited to
the additional Insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as Insureds under its
policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject
to all of the same Insurance requirements as stated herein for the
Consultant.
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Page 25
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
4^4 Phone: 253-856-5100
7 ® Fax: 253-856-6050
HIHG,O Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Hope Gibson, Parks Planning & Development Manager
SUBJECT: 2014 Fourth Quarter Fee-in-Lieu Funds Allocation
MOTION: Move to recommend council accept $79,509.00 for Fee-in-Lieu-of
funds and amend the Community Parks Reinvestment Budget.
SUMMARY: Between October and December 2014 the City of Kent received a total
of $79,509.00 from Mat Bergman, who voluntarily paid a fee in lieu of dedicating
park land to mitigate the development of Kent Station II apartments. The funds will
be used for improvements to downtown parks.
EXHIBITS: Copy of Revenue Report
BUDGET IMPACTS: Revenue and expenditure impact of $79,509.00 to the
Community Parks Reinvestment Budget
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Page 27
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Page 28
Page 29
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
April 23, 2015
TO. Kent City Council Parks and Human Services Committee
FROM: Brian Levenhagen - Park Planner
SUBJECT: Public Works Agreement with Skycorp Ltd. for Demolition of
Vacant Structures on SE 216th
MOTION: Move to recommend council authorize the mayor to sign a public
works agreement with Skycorp Ltd, in an amount not to exceed
$60,733.13, for the demolition and removal of designated structures and
debris at 13427 and 13525 SE 2161h Street in Kent, subject to final terms
and conditions acceptable to the parks director and city attorney.
SUMMARY: Parcel numbers 102205-9143 and 102205-9011 in the Panther Lake
annexation area (known as the Huse property) were acquired by the Parks
Department in 2010. The parcels total 33.7 acres, are adjacent to King County's
7.62-mile Soos Creek Trail and, when capital funding is available for construction of
a new park, this property will provide needed parks and open space amenities for
area residents.
The existing residential structures on the site have no potential for future public
recreational facilities and have become attractive nuisances. To discourage criminal
activity on the site, the buildings need to be removed.
This contract with Skycorp Ltd, is for the demolition and removal of houses and
associated outbuildings, fence, debris and concrete at 13427 and 13525 SE 216th
Street in Kent.
EXHIBITS: Public Works Agreement
BUDGET IMPACTS: No budget impact; authorize expenditure from Park Land
Acquisition account.
Page 30
Page 31
KPE1Nl
PUBLIC WORKS AGREEMENT
between City of Kent and
Skyc®rp, Ltd.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Skycorp, Ltd., organized under the laws of the State of
Washington, located and doing business at 526 Northwest Avenue, Ste 11, Arlington,
Washington 98223; (360) 926-8989, (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:
As described in the attached and incorporated Exhibit A, demolish and remove
structures and outbuildings at 13525 and 13427 SE 216th Street in Kent (Huse
property), including asbestos abatement.
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.
i
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, Contractor shall complete the work described in Section I by 5/31/2015.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Sixty Thousand, Seven Hundred Thirty-three dollars and 13 cents ($60,733.13), including any
applicable Washington State Sales Tax, for the work and services contemplated in this
Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of
the work described in the invoice that has been completed by the Contractor and approved by
the City. The City's payment shall not constitute a waiver of the City's right to final inspection
and acceptance of the project.
PUBLIC WORKS AGREEMENT - 1
(Over$1OK and Performance Bond)
Page 32
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the.
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
B. Retainacte. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor 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. The amount retained shall be placed in a fund by the City pursuant to
RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within
fourteen (14) calendar days of Contractor's signature on the Agreement.
C. 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.
D. 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.
I
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.
PUBLIC WORKS AGREEMENT - 2
(Over$10K and Performance Bond)
Page 33
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.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
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.
i
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
i
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.
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
PUBLIC WORKS AGREEMENT - 3
(Over$IOK and Performance Bond)
Page 34 '..
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
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.
PUBLIC WORKS AGREEMENT - 4
(Over$1OK and Performance Bond)
Page 35
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.
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. Contractor warrants that it will faithfully and satisfactorily perform all
work provided under this Agreement in accordance with the provisions of this Agreement. The
Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor
knows or should have known of the defect, or (2) upon Contractor's receipt of notification from
the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. 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.
PUBLIC WORKS AGREEMENT - 5
(Over$1OK and Performance Bond)
Page 36
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.
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
PUBLIC WORKS AGREEMENT - 6
(Over$10K and Performance Bond)
Page 37
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process, In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section 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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
PUBLIC WORKS AGREEMENT - 7
(Over$10K and Performance Bond)
Page 38
]. 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.
CONTRACTOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Skylar Waldal Brian Levenhagen
Skycorp, Ltd.
526 Northwest Ave, Ste 11 City of Kent
Arlington, WA 98223 220 Fourth Avenue South
Kent, WA 98032
(360) 926-8989(telephone)
skycorpltd@yahoo,com (253) 856-5116(telephone)
bjlevenhaven@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
PUBLIC WORKS AGREEMENT - 8
(Over$1OK and Performance Bond)
Page 39
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Page 40
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
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Page 41
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
i
Page 42 '
EXHIBIT A
SKYCOR
rLr.)
Demolition -Environmental °General Contractors
I
i
REYISEb P,ROPOSWL
April :`s:2,015
Attn; Brain Leven uegen
City of Kent - !,
220 4"Ave South
Kent,WA 98032-5895
Rei Abatement and Demolition for the Huse Project
'fax Parcel 1022059143 & 1022059011
SKYCORP,LTD. Is pleased to provide the proposal according to the e-mailed scope and provided asbestos survey
from City of lkeitt on Marsh 10 2015 foryour consideration;
SKYCQRP,LTD,will deMohsh and remove the two structures and other small structures located at 13525 & 13427
SE 210 St Kent, WA 98042,Includes abatement and demolition in the total amount of S55 464.05 Excluding
Tax
$ 5,269.08 WSST
$60,733.13 TOTAL
Clarifications:
1, Proposal is based on one mobilization.
2. Proposal valid for 30 days -
3.''" Pending-Nym6nt and performance bond
4. No additional till for foundations
5, SkyCorp,Ltd will file Puget Sound Clean Air Pefmits.
6, Any and all Salvage material belongs to SkyCorp,Ltd.
Exclusions;
1.. Engineering,soils.testing,lay out and surveying.
2. Irrigation
Page 43
EXHIBIT A(Continued)
� II
3. Fenchig or security III
4. All fees and special inspections.
5. Relocating utilities
6. Export of contaminated or unsuitable soils or import to replace exported quantity,
7. Import or expo,t,of any fill material
8. Dewatm1ng
9. Sales Tart
10, ligndscnpipg j
IL Hydro seeding
12. Hazardous materials, outside of what's listed in the above scope of work
71 Removal and emptying of any Underground Storage Tanks
14, Removal and emptying of any Above Storage Tanks I
M Independent third par(',on-site air,momtoring
16. Lead paint abatement or exposure 4ssessment
17,, Additional asbestos survey and abatement work
-
18, Unforeseen or presumed asbestos materials
19, All other Work not included in this proposal,
Should there be Anything that is not listed in the scope of work provided by the City of Kent or encountered in
performing the said work a'change cider proposal will be submitted to you.
i
i
If you have any questions concerning this proposal please feel free to contact us at anytime,
i
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I
TWA you for considering our proposal.
SKYCQRP,LTD,
Skyler Watdal,
President
425-361-7887 cell
3450-9z6-8989 office
16o-926-8987 fox
� I
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Page 44I,
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. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent. This coverage may be
any combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $2,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work. The Commercial
General Liability insurance shall be endorsed to provide the
Aggregate per Project Endorsement ISO form CG 25 03 11 85.
The City shall be named as an Additional Insured under the
Contactor's Commercial General Liability insurance policy
with respect to the work performed for the City. All
endorsements adding Additional Insureds shall be issued on
form CG 20 10 11 85 or a form deemed equivalent, providing
the Additional Insureds with all policies and endorsements
set forth in this section.
2. 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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Contractor's Pollution Liability insurance covering losses caused
by pollution conditions that arise from the operations of the
Contractor.
B. minimum Arnounts of Insurance
Contractor shall maintain the following insurance limits:
it
Page 45
EXHIBIT B (Continued)
1. Commercial General Liability insurance shall be written with
minimum limits of $2,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $2,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
it for bodily injury and property damage of $1,000,000 per
accident.
3. Contractor's Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate
of at least $1,000,000. Coverage may be written on a claims-made
basis.
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.
Page 46 '..
EXHIBIT B Continued
1 Contractor's Insurance for Wher Losses
The Contractor shall assume full responsibility for all loss or damage 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. AcceptallAity 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.
Hi 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 47
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
KENT
WASHiNnTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 26, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Garin Lee, Park Operations Superintendent
SUBJECT: Public Works Agreement with Eastside Electric for Re-
lamping and Inspection at Kent Memorial Park and Hogan
Park at Russell Road
MOTION: Move to recommend Council authorize the mayor to sign the
Public Works agreement with Eastside Electric for $32,105.40 to re-lamp
and inspect the athletic field lighting at Kent Memorial Park and Hogan
Park at Russell Road, subject to the final terms and conditions acceptable
to the parks director and city attorney
SUMMARY: The purpose of this contract is to replace the light bulbs, ballasts and
conduct a condition inspection of the athletic field lights at Kent Memorial Park and
Hogan Park at Russell Road. This is lifecycle replacement to maintain the function of
the lighting to support evening program activities at both parks.
EXHIBITS: Public Works agreement
BUDGET IMPACTS: No budget impact; authorize expenditure from Light Pole
Replacement account.
Page 48
ry^ Page 49
1R�lVl l
PUBLIC WORKS AGREEMENT
between City of !Cent and
EASTSIDE ELECTRIC LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Eastside, L.L.C. d/b/a/ Eastside Electric organized under
the laws of the State of Washington , located and doing business at 1712 Talbot Road South
Renton, WA 98055 (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:
i
Contractor will follow the scope of work discribed in Appendex W. Work hours will
consist between hours of 7:00 am to 4:00 pm during M-F. Weekend work apon
approval by the City of Kent Parks Superintedant Garin Lee.
I
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 by 30
DAYS FROM THE SIGNING THE LETTER TO PROCEED FROM THE CITY OF KENT.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
THIRTY TWO THOUSAND ONE HUNDRED FIVE DOLLARS AND FORTY CENTS($32,105.40) ,
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 50
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.
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 51
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.
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 52
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
L
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)
i
Page 53
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 an written or oral order (including directions, instructions,
p Y Y i
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 - S
(Over$1OK, under$35K, and No Performance Bond)
Page 54
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$10K, under$35K, and No Performance Bond)
Page 55 ',
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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
PUBLIC WORKS AGREEMENT - 7
(Over$1OK, under$35K, and No Performance Bond)
Page 56
J. 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.
CONTRACTOR: T CITY OF KENT:
By: By:
(signature) (signature) ''..
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
_ I
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Jim Adams Quientin Poll
Eastside, L.L.C. d/b/a/ Eastside Electric City of Kent
1712 Talbot Road South 220 Fourth Avenue South
Renton, WA 98055 Kent, WA 98032
425-444-7315 Cell (telephone) (253) 253-856-5127 or 253-740-7085 cell
425-226-9224 phone and fax (facsimile) (telephone)
(253) 253-856-6120 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
pn this head,you may enter the electronic hleCath where the contract has been saved]
PUBLIC WORKS AGREEMENT - 8
(Over$10K, under$35K, and No Performance Bond)
Page 57
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Page 58
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
(
EEO COMPLIANCE DOCUMENTS - 2
Page 59
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date
EEO COMPLIANCE DOCUMENTS - 3
Eastside LLC dba EASTSIDE ELECTRIC Estimate
1712 Talbot Road South
Renton, WA 98055 Date Estimate k
(425) 226-9224 3/3ti2015 1564
(425) 444-7315
Name/Address
City of Kent j
Quientin foil
5821 S 240th St
Kent,WA 98032
Project
Description Qty Cost Total
-
RUSSELL ROAD PARK:24400 Russell Road Kent WA 20,104.00 20,104.00"r
Replace 172 MUSCO light's(IOoOW that will be provided by the City of Kent. Clean
lenses and check and evaluate all lighting components including ballasts,fixtures,zip
cords,and all bracketing. Give report to City of Kent the current condition of equipment.
Contractor will be responsible loot damage that may occur to the surrounding area while
performing the work.Use load dispersing mats.Dispose of old bulbs
Kent Memorial Park:850 Central Avenue Kent WA - 9,216.00 9,216.00T
Replace 52 MH 1500BU Light bulbs on fields k2 and 43 light poles.Lights bulbs will be
supplied by the City of Kent. Replace any ballast that needs replacement and the City of
Kent will supply ballast as needed. Clean lenses and give a report of the condition of all
lighting components and hardware on each pole.This will include condition of the
brackets,wiring condition and fixture condition.Use load dispersing mats.Dispose of old
bulbs
Please Note: -
We we providing a 125 fool lift,delivery and moving site to site.'the cost breakdown was
done as a percentage of use for each site not the actual cost if one site was removed from
the bid. Otherwise there would have to be two separate lift rentals with minimum charges
mid rental times
Past due accounts will be charged a 1.5%service fee per month,Legal fees due to Sales Tax (9.5%) $2,785.40
collections will be at customer expense.
Total $32,105AO
Signature __
Page 61
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.
Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
contractors,products-completed operations,personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO
form CG 25 03 11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion, collapse
or underground property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional insured endorsement
CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $2,000,000 general aggregate
and a $2,000,000 products- completed operations aggregate limit,
Page 62
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability, Commercial General Liability and Builders Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage 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. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
ANII.
F. 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. Before any exposure to
loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
G. 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 63
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
T
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling - Parks, Recreation & Community Services Director
SUBJECT: Easement with Puget Sound Energy for Access at Riverbend
Golf Complex
MOTION: Move to recommend council authorize the mayor to sign a
nonexclusive perpetual easement with Puget Sound Energy granting
access at Riverbend Golf Complex, for the purpose of electrical utility
system maintenance, subject to final terms and conditions acceptable to
the parks director and city attorney.
SUMMARY: This nonexclusive perpetual easement grants Puget Sound Energy
rights to access over, under, along, across and through the area shown in Exhibit B
(page 6 of 6) of the easement document. They shall have the right to use the
easement area to construct, operate, maintain, repair, replace, improve, remove,
upgrade and extend one or more overhead electrical utility systems.
EXHIBITS: Easement
BUDGET IMPACTS: No impact to revenues or expenses - property access only.
Page 64
Page 65 Ill'
RETURN ADDRESS: I...
Puget Sound Energy, Inc.
Attn: ROW Department(AEM)
PO Box 97034/EST-06W
Bellevue,WA 98009-9734
° FU(GETSCItJND ENERG1`
EASEMENT
REFERENCE#:
GRANTOR(Owner): CITY OF KENT
GRANTEE(PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: Portion of NE Qtr of Sec.22,Twp 22 N., Rng.05 E., King County I.....
ASSESSOR'S PROPERTY TAX PARCEL: 232204-9010 I...
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF KENT, a Municipal Corporation of Washington State ("Owner" herein), hereby
grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the
purposes described below, a nonexclusive perpetual easement over, under, along across and through the following
described real property(the"Property" herein)in King County,Washington:
SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows: A right of way ten (10)feet in width with five(5)feet on each side
of a centerline described as follows:
THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE
CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED
PROPERTY. RELOCATION OR EXPANSION REQUIRES WRITTEN CONSENT FROM
GRANTOR.
A DIAGRAM IS ATTACHED HERETO AS EXHIBIT"B"AS A VISUAL AID ONLY
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, I,.....
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
Overhead facilities. Poles and other support structures with crossarms, braces, guys and anchors;electric
transmission and distribution lines; fiber optic cable and other lines, cables and facilities for
communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or
appurtenances necessary or convenient to any or all of the foregoing.
I
I
OH Electric Easement 2013
WO#101084143/RW-086014124421 Frager Rd S.
Page 1 of 6
Page 66
Following the initial construction of all or a portion of its systems provided that PSE receives written -
approval from Owner prior to actual construction of such additional facilities, which approval shall not be
unreasonably withheld, PSE may, from time to time, construct such additional facilities as it may require for such
systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to
exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to out,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the
right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a
hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right,
identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed,
removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if
any) cut and removed from the Property by PSE
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to
cause the minimum amount of disruption to Owner's use of the Property. '..
S. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of �
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Abandonment. The rights herein granted shall continue until such time as PSE ceases to use the
Easement Area for a period of five (5)successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area,shall revert to or otherwise become the property
of Owner, provided, however, that no abandonment shall be deemed to have occurred by reason of PSE's failure to
initially install its system on the Easement Area within any period of time from the date hereof.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of
the foregoing,the rights and obligations of the parties shall be binding upon their respective successors and assigns.
OH Electric Easement 2013
WO#101084143/RW-0860141 24421 Frager Rd S,
Page 2 of 6
1
Page 67
DATED this day of , 2015.
OWNER:
CITY OF KENT, a Municipal Corporation of Washington State
By
Its:
PSE
Puget Sound Energy, Inc.
By:
Ira McDaniel
Its:Supervisor Real Estates
All signatures to be acknowledged
OH Electric Easement 2013
WO#101084143/RW-086014!24421 Frager Rd S.
Page 3 of 6
Page 68
STATE OF WASHINGTON
) SS
COUNTY OF )
On this day of 2015, before me, the undersigned, a Notary Public in
and for. the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person(s)who signed
as , of CITY OF KENT, the municipal
Corporation of Washington State that executed the within and foregoing instrument, and acknowledged said
instrument to be free and voluntary act and deed and the free and voluntary act and deed of said
Municipal Corporation of Washington State for the uses and purposes therein mentioned; and on oath stated that !I
was authorized to execute the said instrument on behalf of said municipal Corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
Notary seal,text and all notations must be Inside i margins
STATE OF WASHINGTON )
) SS
COUNTY OF
On this day of 2015, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Ira McDaniel, to me known to
be the person(s) who signed as , of PUGET
SOUND ENERGY, the Washington corporation that executed the within and foregoing instrument, and L.....
acknowledged said instrument to be free and voluntary act and deed and the free and voluntary act and
deed of said corporation for the uses and purposes therein mentioned; and on oath stated that was
authorized to execute the said instrument on behalf of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
Notary seal,text and all notations must be Inside 1"margins
OH Electric Easement 2013
WO#101 0841 43 1 RW-0860141 24421 Frager Rd S.
Page 4 of 6
Page 69
EXHIBIT"A»
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF GOVERNMENT LOT 2 OF SAI❑
SECTION WITH THE WESTERLY MARGIN OF FRAGER ROAD;
THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 30 FEET;
THENCE SOUTH PERPENDICULAR TO THE PREVIOUSLY DESCRIBED LINE A DISTANCE OF 30 ICI
FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CRAIG S. ECKLAND BY DEED DATED MARCH 3, 2000 RECORDED UNDER AUDITOR'S FILE
NUMBER 20000519000339;
THENCE EASTERLY ALONG SAID NORTH LINE TO THE WESTERLY MARGIN OF FRAGER ROAD;
THENCE NORTHERLY PARALLEL TO AND COINCIDENT WITH THE WESTERLY MARGIN OF
FRAGER ROAD TO THE POINT OF BEGINNING.
OH Electric Easement 2013
WO#1010841431 RW-086014/24421 Frager Rd S.
Page 5 of 6
Page 70
EXHIBIT"B"
DRAWING 15 NOT TO SCALE
Parcel Number 222204-9'174
11
FRiverbend Golf Course
mber 232204-90'10
Approximate location
of overhears electric
easement area.
THIS MAP IS NOT INTENDED TO REPRESENT THE PRECISE LOCATION OR THE EXTENT OF
PUGET SOUND ENERGY'S PRESENT OR FUTURE FACILITIES.
OH Electric Easement 2013
WO#101084143/RW-086014/24421 Frager Rd S.
Page 6 of 6
Page 71
�� KENT
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Parks Infrastructure Critical Issues Update
MOTION: Informational
SUMMARY: In 2012, staff completed an asset analysis that showed a large number
of aging park assets throughout the city's park system. The vast majority of those
aging assets have not been addressed due to limited capital resources. This update
is to provide a list of the park assets that staff anticipate closing or removing this
year in the interest of public safety.
EXHIBITS: None
BUDGET IMPACT: None
Page 72
Page 73
\� PARKS, RECREATION AND COMMUNITY SERVICES
v KI:NT Jeff Watling, Director
„ s o„ Phone: 253-856-5100
w.
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Green River Lower Russell Levee Alternative Review
MOTION: Informational
SUMMARY: Parks and Public Works staff have been working with King County
Flood Control District (KCFCD) staff on assessing various levee alignments for the
Lower Russell segment of the Green River Levee system. A number of alignments
have been proposed, both through the project process and through the System
Wide Improvement Framework (SWIF) process, which is being led by KCFCD.
Recognizing there are a number of other important public benefits attached to this
corridor, staff presented a concept that showed the levee alignment that offered the
best opportunities for protecting and improving all the various public benefits. This
concept integrates flood protection, habitat and public use; and appears to hold
great promise for achieving a broad base of support. Jeff Watling and Hope Gibson
will review this alternative with committee members and share next steps in the
ongoing alternatives analysis that King County is undertaking.
EXHIBITS: None
BUDGET IMPACT: None
Page 74
Page 75
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
a Fax: 253-856-6050
KENT
W n s e i e c 7 c N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
April 23, 2015
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
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