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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. Page 2 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. Page 3 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. Page 4 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. Page 8 Page 9 ''.. 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. I 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. i 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 /n,,o, &rn nnm 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. i 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. i 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 i CONSULTANT SERVICES AGREEMENT - 4 Page 13 ! 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. j 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: i I 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. i 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i 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 �r�` 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 ��v 1 � I Page 19 EXHIBIT A(Continued) I 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, I I � i } > 4 4�}ST�i Y5� PA fi `$yr i �yfi 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 i I • Leisure Vision revises the needs assessment survey based on input from staff I 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 j I i .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 I i 1*cC` 5hx� i ry t�ti it Page 23 EXHIBIT B INSURANCE REQUIREMENTS FOR. CONSULTANT SERVICES AGREEMENTS Insurance i 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, i 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. I I i i I I 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 I i Page 26 Page 27 I u o K o QQ J Q U p_ a I N m n16 i 0 V `p 0 y c m ' N C a 0 C G N •U y a c A � Y E N z' M c h M U Q � � J qk U 4 W C O o C C m a U b N N it p I ik d Q � Y v o 14 a U Q N o `a N v N � M y � N V N`O [NV N A r E N v � � o m z Q m c c Q 0 N n� (D <I 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 i i 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 j 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 II I j I I I I II L I I i 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